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.