Bill Text: NY A00410 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits a child from being left unattended in a motor vehicle under conditions presenting substantial risk.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2014-06-09 - held for consideration in codes [A00410 Detail]

Download: New_York-2013-A00410-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          410
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. MAGNARELLI, BENEDETTO, GALEF, GUNTHER, HOOPER,
         ORTIZ, RIVERA, SCHIMEL, GABRYSZAK -- Multi-Sponsored by --  M.  of  A.
         CLARK,  MAGEE,  McDONOUGH, 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 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:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1210-a to read as follows:
    3    S 1210-A. UNATTENDED CHILD IN A MOTOR VEHICLE. 1.  ANY PARENT, GUARDI-
    4  AN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF  A  CHILD
    5  LESS  THAN EIGHT YEARS OLD, WHO LEAVES SUCH CHILD INSIDE A MOTOR VEHICLE
    6  WITHOUT THE SUPERVISION OF A PERSON WHO IS AT LEAST TWELVE YEARS OF AGE,
    7  UNDER CONDITIONS WHICH KNOWINGLY OR  RECKLESSLY  PRESENT  A  SIGNIFICANT
    8  RISK  TO  THE  HEALTH  OR  SAFETY  OF  SUCH CHILD, SHALL BE GUILTY OF AN
    9  INFRACTION.
   10    2. A PERSON CONVICTED OF AN INFRACTION OF A VIOLATION  OF  SUBDIVISION
   11  ONE  OF  THIS SECTION SHALL, FOR A FIRST CONVICTION THEREOF, BE PUNISHED
   12  BY A FINE OF NOT MORE THAN FIFTY DOLLARS. UPON A CONVICTION OF A  SECOND
   13  VIOLATION,  COMMITTED  WITHIN  A  PERIOD OF EIGHTEEN MONTHS OF THE FIRST
   14  VIOLATION, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN  ONE
   15  HUNDRED  DOLLARS.  UPON A CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION,
   16  ALL OF WHICH WERE COMMITTED WITHIN A PERIOD  OF  EIGHTEEN  MONTHS,  SUCH
   17  PERSON  SHALL  BE  PUNISHED BY A FINE OF NOT MORE THAN TWO HUNDRED FIFTY
   18  DOLLARS, AND SUCH PERSON SHALL APPEAR PERSONALLY IN COURT  FOR  SENTENC-
   19  ING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01476-01-3
       A. 410                              2
    1    3.  NOTHING IN THIS SECTION SHALL PROHIBIT THE PROSECUTION OF A PERSON
    2  VIOLATING OR CONVICTED OF VIOLATING THE PROVISIONS OF THIS SECTION  FROM
    3  BEING PROSECUTED UNDER ANY SECTION OF THE LAW.
    4    S  2.  This  act shall take effect on the ninetieth day after it shall
    5  have become a law.