S306-2013 - NY Senate Open Legislation - Prohibits leaving a child under the age of eight unattended in a motor vehicle

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: MARTINS

Co-sponsor(s): AVELLA, LARKIN

Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law
Law: Add S1210-a, V & T L

S306-2013 Actions

Apr 16, 2013: referred to transportation
Apr 16, 2013: DELIVERED TO ASSEMBLY
Apr 16, 2013: PASSED SENATE
Feb 5, 2013: ADVANCED TO THIRD READING
Feb 4, 2013: 2ND REPORT CAL.
Jan 29, 2013: 1ST REPORT CAL.9
Jan 9, 2013: REFERRED TO TRANSPORTATION

S306-2013 Meetings

Transportation: Jan 29, 2013

S306-2013 Calendars

S306-2013 Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013

Ayes (19): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

VOTE: FLOOR VOTE: - Apr 16, 2013

Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Sampson
Excused (1): Hannon

S306-2013 Memo

BILL NUMBER:S306                 REVISED 04/16/13

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 is 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:

Sections one adds a new Section 1210-a to the vehicle and traffic law
to create the infraction of leaving and unattended child in a motor
vehicle, which is defined as 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 three is 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 and 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 13 degrees after 60 minutes. Cracking the
windows had little effect on the car's inside temperature.

In addition, there are other dangers created by leaving children
unattended in motor vehicles, including an increased risk of abduction
and the risk for an unintended motor vehicle accident if the child
attempts to operate the vehicle. The dangers created by leaving a
child unattended in a motor vehicle can be severe, and it is therefore
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. Parents or guardians who place children as risk by
leaving them unattended in a vehicle should face legal penalties, and
this bill would enact such penalties.

LEGISLATIVE HISTORY:

2012: S.2192A - Passed Senate
2010: S.6349 - Referred to Transportation
2009: S.6349 - Referred to Rules
2008: S.1093A - Referred to Codes
2007: S.1093-A - Third Reading
2006: S.6289 - Passed Senate

FISCAL IMPLICATIONS:


The violation is punishable by a fine that will be collected by the
State.

EFFECTIVE DATE:

Ninety days after it shall have become law.

S306-2013 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     306

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

  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.
    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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01476-01-3

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S306-2013: Prohibits leaving a child under the age of eight unattended in a motor vehicle