BILL NUMBER:  S5631

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
prohibiting a child 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 16 inside a motor
vehicle under conditions that present a substantial health or safety
risk.

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
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.

The penalties for violation of this bill are set to be Section 1800 of
the Vehicle and Traffic Law, which sets default penalties for traffic
violations. A first offense is up to a $150 fine and/or 15 days in
jail, $300 and/or 45 days for a second offense and $450 or 90 days for
a third offense.

 LEGISLATIVE HISTORY :

2015-16: 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.

                                
 
BILL NUMBER: S5631B          REVISED MEMO 06/15/2018

SPONSOR: DEFRANCISCO
 
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 substan-
tial risk

 
PURPOSE:

Adds a new section 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.

 
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 issuing 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:

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.