COMMITTEE ON HEALTH, HOSPITALS AND HUMAN 
SERVICES 
 
 
BILL NO. 
35-0203 
 
Thirty-Fifth Legislature of the Virgin Islands 
 
 
 
December 11, 2023 
 
 
 
An Act amending title 19 Virgin Islands Code, chapter 53A, section 1483, relating to the 
smoking ban, to prohibit smoking in a vehicle when persons under the age of 18 are present; 
and for other related purposes 
 
 
 
PROPOSED BY: 
 
Senator Kenneth L. Gittens 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 19 Virgin Islands Code, chapter 53A, section 1483, subsection (a) is 
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amended: 
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(1) 
by striking the word, “and” at the end of paragraph (3), by designating paragraph 
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(4) as paragraph (5), and by adding a new paragraph (4) that reads as follows: 
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“(4) In any vehicle, whether propelled by an engine or not, of any kind when any person 
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present is under the age of 18 years.  For purposes of this paragraph, “vehicle” includes motor 
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vehicles, push carts, boats of every description, balloons, airplanes, gliders and any other device 
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in or by which a person is or may be transported or drawn upon a public road or highway; and 
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“; and”. 
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(2) 
By adding subsections (b) and (c) to read as follows: 
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2 
 
“(b) Any law enforcement officer who observes any person smoking in a vehicle 
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or has probable cause to believe that a person in the vehicle is smoking, may stop the 
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vehicle solely for the purpose of determining whether the driver or a passenger is 
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violating subsection (a)(4). 
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(c) 
Notwithstanding section 1496 of this chapter, any person found in violation 
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of subsection (a)(4) is subject to an administrative fine of $300 of which 10% of the 
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monies collected on each island must be covered over annually to the Pediatric Unit of 
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the Juan Francisco Luis Hospital on the island of St. Croix and the Roy Lester Schneider 
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Hospital on the island of St. Thomas.  The remaining funds must be covered over into the 
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General Fund of the Virgin Islands. 
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BILL SUMMARY 
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This bill amends title 19, chapter 53A of the Virgin Islands Code to make it illegal for a 
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person to smoke in a vehicle where there are persons present that are under the age of 18 years 
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and provides for a penalty of $300 of which ten percent of the monies collected in each island 
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must be covered over to Pediatric Unit of the hospital where the fine was collected and the 
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remainder to be covered over to the General Fund. 
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BR23-0490/September 27, 2023/AA 
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