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.
STATE OF NEW YORK
________________________________________________________________________
318
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. MAGNARELLI, BENEDETTO, BENJAMIN, EDDINGTON,
FIELDS, GALEF, GUNTHER, HOOPER, HOYT, ORTIZ, J. RIVERA, P. RIVERA,
SCHIMEL -- Multi-Sponsored by -- M. of A. CLARK, JOHN, KOON, MAGEE,
McENENY, MOLINARO, PHEFFER, WEISENBERG -- read once and referred to
the Committee on Transportation
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:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1210-a to read as follows:
3 § 1210-a. Unattended child in a motor vehicle. 1. Any parent, guardi-
4 an or other person legally charged with the care or custody of a child
5 less than seven years old, who leaves such child inside a motor vehicle
6 without the supervision of a person who is at least twelve years of age,
7 under conditions which knowingly or recklessly present a significant
8 risk to the health or safety of such child, shall be guilty of an
9 infraction.
10 2. A person convicted of an infraction of a violation of subdivision
11 one of this section shall, for a first conviction thereof, be punished
12 by a fine of not more than fifty dollars. Upon a conviction of a second
13 violation, committed within a period of eighteen months of the first
14 violation, such person shall be punished by a fine of not more than one
15 hundred dollars. Upon a conviction of a third or subsequent violation,
16 all of which were committed within a period of eighteen months, such
17 person shall be punished by a fine of not more than two hundred fifty
18 dollars, and such person shall appear personally in court for sentenc-
19 ing.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00506-01-9
A. 318 2
1 3. Nothing in this section shall prohibit the prosecution of a person
2 violating or convicted of violating the provisions of this section from
3 being prosecuted under any section of the law.
4 § 2. This act shall take effect immediately.
