What's happening
This bill prohibits leaving children under ten unattended in motor vehicles under risky conditions, imposing fines for violations.
Why it matters
Addresses child safety directly by making it illegal to leave children under ten alone in vehicles when their health or safety could be at risk. this targets situations like extreme heat, cold, or other hazardous conditions that could endanger young children.
Applies to parents, guardians, and anyone legally responsible for a child. , broadening accountability and ensuring all caretakers are aware of their legal obligations regarding child safety in vehicles.
Implements an escalating system of fines for repeat offenses within an 18-month period. , which may act as a deterrent against repeated risky behavior and signal the seriousness of the issue to the public.
Explicitly states that these penalties do not override other existing laws. , meaning more severe charges (such as child endangerment) could still apply depending on the circumstances, allowing for prosecution in extreme cases.
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Who cares
Headline styles
Ban Kids Alone in Cars
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Vetoed memo.176
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.103
- Substituted for A1851
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.150
Show 1 earlier action
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
No Kids Alone in Cars
Assembly Floor Calendar · Sponsor William Magnarelli
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2497
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sen. KENNEDY -- 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 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 Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 1210-a to read as follows:
§ 1210-a. Unattended child in a motor vehicle. 1. No parent, guardian or other person legally charged with the care or custody of a child less than ten years old shall knowingly or recklessly, under conditions that present a substantial health or safety risk, leave such child unattended inside a motor vehicle. Nothing in this section shall be deemed to supersede the provisions of any other applicable section of law.
2. A violation of subdivision one of this section shall be a traffic infraction and shall be punishable by a fine of not more than fifty dollars upon conviction of a first violation; upon conviction of a second violation, both of which were committed within a period of eighteen months, such violation shall be punished by a fine of not more than one hundred dollars; upon conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such violation shall be punished by a fine of not more than two hundred and fifty dollars.
§ 2. This act shall take effect on the first of November next succeeding 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
Adds a new section to the Vehicle and Traffic Law forbidding the leaving of a child under the age of 16 inside a motor vehicle under conditions that present a substantial health or safety risk.
Summary of provisions
Section 1: Adds new section 1210-a to the Vehicle and Traffic Law forbidding the leaving of a child under the age of 10 inside a motor vehicle under conditions that present a substantial health or safety risk. It provides that the fine for a violation is $50 for a first offense, $100 for a second offense within 18 months, and $250 for a third or subsequent offense within 18 months.
Section 2: Establishes 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 unat- tended 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 unat- tended 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. Currently, the only penalty for this type of action is "endangering the welfare of a child", a misdemeanor that will require the arrest of the parent. Some police are reluctant to arrest a parent in this situation. This bill will give police the option of issu- ing a citation to send a message against this action, short of requiring an arrest. The police will still have the option to charge the more serious offense if warranted.
Legislative history
2017-2018: A.686-B, 2015-2016: A.1695, 2013-2014: A.410-A, 2011-2012: A.3960-A, 2009-2010: A.318, 2007-2008: A.2922
Fiscal implications
The violation is punishable by a fine that will be collected by the State.
Effective date
The first of November after it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.