HB3 Alabama 2023 Session

Summary

Primary Sponsor

Rolanda HollisRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses; to prohibit smoking or vaping in a motor vehicle when a child is present; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Summary

HB3 prohibits smoking or vaping in an enclosed motor vehicle when a child 14 or younger is present, with a fine and limited enforcement.

What This Bill Does

It would make it unlawful to smoke a tobacco product or vape in an enclosed motor vehicle when a child 14 years old or younger is present. The prohibition applies to all motor vehicles, whether moving or at rest and regardless of window position. A violation would carry a fine not exceeding $100 per incident. Enforcement would be a secondary violation, meaning it could only be charged after a lawful stop for a separate violation.

Who It Affects

• Children 14 years old or younger who ride in motor vehicles, who would be protected from exposure to smoke or vapor.
• Drivers and other adults in vehicles who smoke or vape in the presence of a child, who could be fined up to $100 per violation and would face enforcement only after a separate traffic stop.

Key Provisions

• Prohibits smoking a tobacco product or vaping in an enclosed motor vehicle when a child 14 years old or younger is present.
• Applies to all motor vehicles, regardless of motion, whether windows are open or closed.
• Penalties: fine not exceeding $100 per violation.
• Enforcement: may be investigated and charged only as a secondary violation after a lawful stop for probable cause of a separate violation.
• Definitions: Smoke, Tobacco Product, and Vape are defined as in existing Alabama law.
• Constitutional note: Excluded from local expenditure requirements because it defines a new crime or amends the definition of an existing crime.
• Effective date: Takes effect on the first day of the third month following passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Motor Vehicles, smoking in motor vehicle when child present prohibited, criminal penalties provided