senate Bill S306

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2014 referred to transportation
delivered to assembly
passed senate
Mar 13, 2014 advanced to third reading
Mar 12, 2014 2nd report cal.
Mar 11, 2014 1st report cal.265
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Apr 16, 2013 referred to transportation
delivered to assembly
passed senate
Feb 05, 2013 advanced to third reading
Feb 04, 2013 2nd report cal.
Jan 29, 2013 1st report cal.9
Jan 09, 2013 referred to transportation

Votes

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Mar 11, 2014 - Transportation committee Vote

S306
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jan 29, 2013 - Transportation committee Vote

S306
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

S306 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1210-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2192A
2009-2010: S6349

S306 - Bill Texts

view 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.

view sponsor memo
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.

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

                                   306

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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  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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01476-01-3

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