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.
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
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.
STATE OF NEW YORK ________________________________________________________________________ 2192--A Cal. No. 71 2011-2012 Regular Sessions IN 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.