Bill Text: NY S02192 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2012-02-29 - referred to transportation [S02192 Detail]

Download: New_York-2011-S02192-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2192
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  SALAND -- 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:
    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.
   20    3.  NOTHING IN THIS SECTION SHALL PROHIBIT THE PROSECUTION OF A PERSON
   21  VIOLATING OR CONVICTED OF VIOLATING THE PROVISIONS OF THIS SECTION  FROM
   22  BEING PROSECUTED UNDER ANY SECTION OF THE LAW.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05851-01-1