senate Bill S2192A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 08 / Feb / 2011
    • 1ST REPORT CAL.71
  • 14 / Feb / 2011
    • 2ND REPORT CAL.
  • 15 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 02 / Mar / 2011
    • AMENDED ON THIRD READING 2192A
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 18 / Jan / 2012
    • 1ST REPORT CAL.46
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 29 / Feb / 2012
    • PASSED SENATE
  • 29 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 29 / Feb / 2012
    • REFERRED TO TRANSPORTATION

Summary

Provides that where a person responsible for the welfare of a child under the age of eight 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.

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Bill Details

See Assembly Version of this Bill:
A3960A
Versions:
S2192
S2192A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1210-a, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6349, A318
2007-2008: A2922B, A2922B

Sponsor Memo

BILL NUMBER:S2192A

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 if 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:
Section one adds a new Section 1210-a to the vehicle and traffic law
to include 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 two sets forth 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 to 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. In
addition, it should be noted that cracking the windows had little
effect on the car's inside temperature.

It is 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 on a hot day. Parents and guardians who
knowingly or recklessly place children at significant risk by leaving
them in a car for a period of time which compromises their health and
safety should know that such acts will result in a charge of
violating this section that carries the penalty of a misdemeanor.

LEGISLATIVE HISTORY:
2010: S.6349 - Referred to Transportation
2009: S.6349 - Referred to Rules
2008: S.1093A - Referred to Codes
2007: S.1093A - Third Reading
2006: S.6289 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninety days after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2192--A
    Cal. No. 71

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  SALAND, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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

  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 EIGHT 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05851-02-1

S. 2192--A                          2

  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 on the ninetieth day after it shall
have become a law.

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