STATE OF NEW YORK
________________________________________________________________________
1851
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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Introduced by M. of A. MAGNARELLI, BENEDETTO, GALEF, GUNTHER, ORTIZ,
RIVERA, TITUS, ABBATE, STIRPE, JAFFEE, OTIS, ARROYO, MOSLEY, DAVILA,
PICHARDO -- Multi-Sponsored by -- M. of A. BARCLAY, BLAKE, BRAUNSTEIN,
COOK, HEVESI -- read once and referred to the Committee on Transporta-
tion
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
a child less than ten years of age from being left unattended in a
motor vehicle under conditions presenting substantial risk
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. No parent, guardian
4 or other person legally charged with the care or custody of a child less
5 than ten years old shall knowingly or recklessly, under conditions that
6 present a substantial health or safety risk, leave such child unattended
7 inside a motor vehicle. Nothing in this section shall be deemed to
8 supersede the provisions of any other applicable section of law.
9 2. A violation of subdivision one of this section shall be a traffic
10 infraction and shall be punishable by a fine of not more than fifty
11 dollars upon conviction of a first violation; upon conviction of a
12 second violation, both of which were committed within a period of eigh-
13 teen months, such violation shall be punished by a fine of not more than
14 one hundred dollars; upon conviction of a third or subsequent violation,
15 all of which were committed within a period of eighteen months, such
16 violation shall be punished by a fine of not more than two hundred and
17 fifty dollars.
18 § 2. This act shall take effect on the first of November next succeed-
19 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01875-01-9