S T A T E O F N E W Y O R K
________________________________________________________________________
318
2009-2010 Regular Sessions
I N A S S E M B L Y
(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:
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 SEVEN 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.
LBD00506-01-9
A. 318 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 immediately.