Prohibits leaving a child under the age of eight unattended in a motor vehicle

2 Co-sponsors

• Tony Avella
• William J. Larkin Jr.

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.