Provides that where a person responsible for the welfare of a child under the age of seven 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.
BILL NUMBER: S6326
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to prohibiting a child under the age of seven 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 seven 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 and two adds a new Section 1210-a to the vehicle and traffic law to include leaving a child under the age of seven 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 sets the immediate 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 43 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 : 2007-2008: A.2922
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6326 2009-2010 Regular Sessions IN SENATE December 4, 2009 ___________Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to prohibiting a child under the age of seven 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 SEVEN 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 immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00506-01-9