Provides that where a person responsible for the welfare of a child under the age of eight leaves such child inside a motor vehicle without the supervision of a person who is at least twelve years of age, under conditions which knowingly or recklessly present a significant risk to the health or safety of such child, such person shall be guilty of an infraction.
Sponsor: SALAND
Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law
Law: Add S1210-a, V & T L
Law Section: Vehicle and Traffic Law
Law: Add S1210-a, V & T L
S2192A-2011 Actions
- Feb 29, 2012: referred to transportation
- Feb 29, 2012: DELIVERED TO ASSEMBLY
- Feb 29, 2012: PASSED SENATE
- Jan 23, 2012: ADVANCED TO THIRD READING
- Jan 19, 2012: 2ND REPORT CAL.
- Jan 18, 2012: 1ST REPORT CAL.46
- Jan 4, 2012: REFERRED TO TRANSPORTATION
- Jun 24, 2011: COMMITTED TO RULES
- Mar 2, 2011: AMENDED ON THIRD READING 2192A
- Feb 15, 2011: ADVANCED TO THIRD READING
- Feb 14, 2011: 2ND REPORT CAL.
- Feb 8, 2011: 1ST REPORT CAL.71
- Jan 18, 2011: REFERRED TO TRANSPORTATION
S2192A-2011 Meetings
Transportation: Jan 18, 2012S2192A-2011 Calendars
Active List: Feb 29, 2012 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011S2192A-2011 Votes
VOTE: COMMITTEE VOTE:
- Transportation
- Feb 8, 2011
Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Ayes W/R (1): Lanza
VOTE: COMMITTEE VOTE:
- Transportation
- Jan 18, 2012
Ayes (18): Fuschillo, Johnson, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky
Excused (1): Larkin
VOTE: FLOOR VOTE:
- Feb 29, 2012
Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Adams, Oppenheimer
S2192A-2011 Memo
BILL NUMBER:S2192A TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to prohibiting a child under the age of eight from being left unattended in a motor vehicle PURPOSE: Provides that a person is guilty of leaving an unattended child,in a motor vehicle if a child under the age of eight is left unsupervised in a motor vehicle when the conditions present a significant risk to the health and safety of the child. SUMMARY OF PROVISIONS: Section one adds a new Section 1210-a to the vehicle and traffic law to include leaving a child under the age of eight inside a motor vehicle without the supervision of a person age twelve or older, under conditions which knowingly or recklessly present a significant risk to the health and safety of such child. Section two sets forth the effective date. JUSTIFICATION: Between 1998 and 2004, 230 children have died of hyperthermia from being left in cars. In 2005, by mid-summer 19 deaths were recorded as a result of hyperthermia of children being left in cars. Studies indicate that in outside temperatures ranging from 72 to 96 degrees Fahrenheit, the temperature inside of a vehicle rises approximately 19 degrees in the first ten minutes, 29 degrees after 20 minutes, 34 degrees after 30 minutes and 43 degrees after 60 minutes. In addition, it should be noted that cracking the windows had little effect on the car's inside temperature. It is critically important that persons caring for young children are aware of the risk factors associated with leaving a child in a vehicle for even a short time on a hot day. Parents and guardians who knowingly or recklessly place children at significant risk by leaving them in a car for a period of time which compromises their health and safety should know that such acts will result in a charge of violating this section that carries the penalty of a misdemeanor. LEGISLATIVE HISTORY: 2010: S.6349 - Referred to Transportation 2009: S.6349 - Referred to Rules 2008: S.1093A - Referred to Codes 2007: S.1093A - Third Reading 2006: S.6289 - Passed Senate FISCAL IMPLICATIONS: None. EFFECTIVE DATE: Ninety days after it shall have become law.
S2192A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
2192--A
Cal. No. 71
2011-2012 Regular Sessions
I N SENATE
January 18, 2011
___________
Introduced by Sens. SALAND, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
a child under the age of eight from being left unattended in a motor
vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1210-a to read as follows:
S 1210-A. UNATTENDED CHILD IN A MOTOR VEHICLE. 1. ANY PARENT, GUARDI-
AN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD
LESS THAN EIGHT YEARS OLD, WHO LEAVES SUCH CHILD INSIDE A MOTOR VEHICLE
WITHOUT THE SUPERVISION OF A PERSON WHO IS AT LEAST TWELVE YEARS OF AGE,
UNDER CONDITIONS WHICH KNOWINGLY OR RECKLESSLY PRESENT A SIGNIFICANT
RISK TO THE HEALTH OR SAFETY OF SUCH CHILD, SHALL BE GUILTY OF AN
INFRACTION.
2. A PERSON CONVICTED OF AN INFRACTION OF A VIOLATION OF SUBDIVISION
ONE OF THIS SECTION SHALL, FOR A FIRST CONVICTION THEREOF, BE PUNISHED
BY A FINE OF NOT MORE THAN FIFTY DOLLARS. UPON A CONVICTION OF A SECOND
VIOLATION, COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS OF THE FIRST
VIOLATION, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE
HUNDRED DOLLARS. UPON A CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION,
ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH
PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO HUNDRED FIFTY
DOLLARS, AND SUCH PERSON SHALL APPEAR PERSONALLY IN COURT FOR SENTENC-
ING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05851-02-1
S. 2192--A 2
3. NOTHING IN THIS SECTION SHALL PROHIBIT THE PROSECUTION OF A PERSON
VIOLATING OR CONVICTED OF VIOLATING THE PROVISIONS OF THIS SECTION FROM
BEING PROSECUTED UNDER ANY SECTION OF THE LAW.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.

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