GOLDEN GATE WEATHER SERVICES- Vehicle Heat Study 2007 Hyperthermia Deaths Child Laws


Legislation Regarding Unattended Children in Vehicles Updated May 2007 Jan Null, CCM

click on Map or Choose from List EXISTING LAWS: California \| Connecticut \| Florida \| Illinois \| Louisiana \| Maryland \| Nebraska \| Pennsylvania \| Texas \| Washington PROPOSED LAWS: Arizona \| Georgia \| Hawaii \| Iowa \| Kansas \| Massachusetts \| Michigan \| Minnesota \| Mississippi \|Missouri \| Nevada \| New Jersey \| New York \| North Carolina \| Oklahoma \| Rhode Island \| Tennessee \| Virginia ONLY With INJURY: Kentucky Existing State Laws CALIFORNIA “KAITLYN'S LAW” THE UNATTENDED CHILD IN MOTOR VEHICLE ACT California Vehicle Code Sections 15620, 15630, 15632 15620. (a) A parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances: (1) Where there are conditions that present a significant risk to the child's health or safety. (2) When the vehicle’s engine is running or the vehicle's keys are in the ignition, or both. (b) A violation of subdivision (a) is an infraction punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged and the court, instead, refers the defendant to a community education program that includes education on the dangers of leaving young children unattended in motor vehicles, and provides certification of completion of that program. Upon completion of that program, the defendant shall provide that certification to the court. The court may, at its discretion, require any defendant described in this section to attend an education program on the dangers of leaving young children unattended in motor vehicles. (c) Nothing in this section shall preclude prosecution under both this section and Section 192 of the Penal Code, or Section 273a of that code, or any other provision of law. (d) (1) Subdivision (b) and Section 40000.1 do not apply if an unattended child is injured or medical services are rendered on that child because of a violation described in subdivision (a). (2) Nothing in this subdivision precludes prosecution under any other provision of law. 15630. Notwithstanding any other provision of law, the fines collected for a violation of this division shall be allocated by the county treasurer, as follows: (a) (1) Seventy percent to the county or city health department where the violation occurred, to be used for the development and implementation of community education programs on the dangers of leaving young children unattended in motor vehicles. (2) A county or city health department may develop and implement the community education program described in paragraph (1) or may contract for the development and implementation of that program. (3) As the proceeds from fines collected under this division become available, each county or city health department shall prepare and annually update a listing of community education programs that provide information on the dangers of leaving young children unattended in motor vehicles and ways to avoid that danger. The county or city health department shall forward the listing to the courts and shall make the listing available to the public, and may distribute it to other agencies or organizations. (b) Fifteen percent to the county or city for the administration of the program, from which will be paid the cost of the county to account for and disburse fine revenues. (c) Fifteen percent to the city, to be deposited in its general fund except that, if the violation occurred in an unincorporated area, this amount shall be deposited in the county's general fund. 15632. (a) The department shall include information concerning the dangers of leaving children unattended in motor vehicles, including, but not limited to, the effect of solar heat on the temperature of vehicle interiors and the penalties for noncompliance with Chapter 2 (commencing with Section 15620), in the following materials distributed by the department: (1) The California Driver's Handbook published under subdivision (b) of Section 1656. (2) The driver's license examination administered under Section 12804.9, by including, on a rotating basis, at least one question in one version of the driver's license examination that is periodically administered to applicants. (3) Any driver's education materials certified by the department. (4) Courses and examinations for traffic violator schools. (5) Materials provided to secondary and post-secondary schools and educational institutions. (6) Any materials provided to community education campaigns undertaken by the department and other state agencies, including, but not limited to, the Department of the California Highway Patrol and the Department of Transportation. (b) The department shall not republish materials before existing supplies are exhausted, but shall arrange for compliance with this section in the next edition or publication of those materials in the normal course of business. CONNECTICUT SENATE BILL NO. 1017 PUBLIC ACT NO. 97-298 AN ACT CONCERNING THE PENALTY FOR LEAVING A CHILD UNSUPERVISED IN A PLACE OF PUBLIC ACCOMMODATION OR A MOTOR VEHICLE. Be it enacted by the Senate and House of Representatives in General Assembly convened: (a) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation or a motor vehicle for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class A misdemeanor. (b) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation, which holds a permit issued under chapter 545 of the general statutes for the sale of alcoholic liquor for consumption on the premises, for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class D felony. (c) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation or a motor vehicle between the hours of eight o'clock p.m. and six o'clock a.m. for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class C felony. Approved July 8, 1997 SUMMARY: This act makes it a class A misdemeanor for any parent, guardian, or person with custody, control, or supervision of a child under age 12, to knowingly leave him unsupervised in a place of public accommodation or a motor vehicle for a period of time that presents a substantial risk to his health or safety. It makes it a class C felony if the child is left between the hours of 8 p.m. and 6 a.m., and a class D felony if the public accommodation holds a permit for the sale of alcoholic liquor for on-premise consumption. By law, a "place of public accommodation" means any establishment that caters or offers its services, facilities, or goods to the general public, including any commercial property or building lot where a commercial building will be constructed or offered for sale or rent. A class A misdemeanor is punishable by up to one year imprisonment, a fine of up to $2,000, or both. A class C felony is punishable by one to 10 years imprisonment, up to a $10,000 fine, or both. A class D felony is punishable by one to five years imprisonment, up to a $5,000 fine, or both. Effective Date: October 1, 1997 FLORIDA FLORIDA STATUTE 316.6135 LEAVING CHILDREN UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE; PENALTY; AUTHORITY OF LAW ENFORCEMENT OFFICER. (1) No parent, legal guardian, or other person responsible for a child younger than 6 years of age shall leave such child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes; however, no such person shall leave a child unattended for any period of time if the motor vehicle is running or the health of the child is in danger. (2) Any person who violates the provisions of subsection (1) is guilty of a noncriminal traffic infraction, punishable by a fine of: (a) Not more than $100; or (b) Not less than $50 and not more than $500 if the motor vehicle was running or the health of the child was in danger at the time of violation. (3) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove him from the vehicle. (4) If the child is removed from the immediate area notification should be placed on the vehicle. (5) The child shall be remanded to the custody of the Department of Health and Rehabilitative Services pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child. History: s. 1, ch. 85-229; s.4, ch. 87-225; s. 330, ch. 94-148; s. 57, ch. 99-8; s. 241, ch. 99-248. HAWAII HB356 HD2 Generated on 3/12/2007 4:37:29 AM Measure Title: RELATING TO CHILD ENDANGERMENT. Report Title: Child Endangerment Description: Establishes a motor vehicle violation that prohibits leaving a child unsupervised in a motor vehicle. Requires the examiner of drivers to test driver's license applicants for knowledge of this offense. (HB356 HD2) Package: None Companion: Introducer(s): LEE, LUKE, MIZUNO, MORITA, RHOADS, TAKAI, THIELEN, WAKAI Current Referral: TIA, JDL ILLINOIS STATE LAW State of Illinois 92nd General Assembly Legislation SB28 Engrossed LRB9201184ARsb An Act concerning criminal law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Criminal Code of 1961 is amended by changing Section 12-21.6 as follows: (720 ILCS 5/12-21.6) Sec. 12-21.6. Endangering the life or health of a child. (a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health. (a-5) A person commits the offense of endangering the life or health of a child if he or she leaves a child unattended in a motor vehicle. For purposes of this subsection: (1) There is a rebuttable presumption that a person committed the offense if he or she left a child unattended in a motor vehicle for more than 10 minutes. (2) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person. (b) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. (Source: P.A. 90-687, eff. 7-31-98.) LOUISIANA HLS 03-214 REENGROSSED Regular Session, 2003 HOUSE BILL NO. 121 BY REPRESENTATIVES SHAW AND ILES MTR VEHICLE/VIOLATIONS: Provides penalties for leaving children under the age of six unattended and unsupervised in motor vehicles AN ACT 1 To enact R.S. 32:295.3, relative to motor vehicle regulations; to prohibit 2 drivers or operators from leaving children under the age of six 3 unattended and unsupervised in motor vehicles; to provide for 4 definitions; to provide for limitations of liability; to provide for 5 applicability; to provide for penalties; and to provide for related 6 matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 32:295.3 is hereby enacted to read as follows: 9 §295.3. Leaving children unattended and unsupervised in motor 10 vehicles; prohibition; penalties 11 A. It is unlawful for any driver or operator to leave a child or 12 children under the age of six years unattended and unsupervised in a 13 motor vehicle. 14 B.(1) The term "unattended" as used in this Section means a 15 child who has been left in a motor vehicle when the driver or operator 16 of the vehicle is more than ten feet from the vehicle and unable to 1 continuously observe the child. 2 (2) The term "unsupervised" as used in this Section means an 3 unattended child when a person ten years of age or older is not 4 physically present in the motor vehicle. 5 C.(1) A law enforcement officer who observes a child left 6 unattended and unsupervised, for a period in excess of ten minutes, in 7 violation of the provisions of this Section shall use whatever means are 8 reasonably necessary to protect the child and remove the child from the 9 motor vehicle. 10 (2) If the child is removed from the immediate area by a law 11 enforcement officer pursuant to the provisions of this Section, the law 12 enforcement officer shall place notification on the motor vehicle. The 13 law enforcement officer shall hold the child until the parent or guardian 14 returns. The parent or guardian shall be issued a summons which 15 carries a fine that shall not exceed twenty-five dollars. 16 D. Any law enforcement officer acting in good faith pursuant 17 to the provisions of this Section shall have immunity from any civil 18 liability that otherwise might be incurred or imposed. 19 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. Shaw, Iles HB No. 121 Abstract: Provides penalties for leaving children under the age of six unattended and unsupervised in a motor vehicle. Proposed law prohibits leaving a child or children under the age of six unattended and unsupervised in motor vehicles. HLS 03-214 REENGROSSED H.B. NO. 121 Proposed law provides for a penalty not to exceed $25. Proposed law defines "unattended" as a child who has been left in a motor vehicle when the driver or operator of the vehicle is more than 10 feet from the vehicle and unable to continuously observe the child. Proposed law defines "unsupervised" as an unattended child when a person 10 years of age or older is not physically present in the motor vehicle. Proposed law provides that a law enforcement officer who observes a child left unattended and unsupervised for more than 10 minutes shall use whatever means are reasonably necessary to protect the child and remove the child from the motor vehicle. Proposed law further provides that if the child is removed from the immediate area by a law enforcement officer, the law enforcement officer shall place notification on the motor vehicle. Requires that the officer hold the child until the parent or guardian returns. Proposed law provides civil immunity to law enforcement officers acting in good faith. (Adds R.S. 32:295.3) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Transportation, Highways and Public Works to the original bill. 1. Replaced a requirement that the child be placed in the custody of the Department of Social Services with a requirement that the law enforcement officer notify and release the child to the Louisiana Department of Social Services. 2. Added an authorization for the Louisiana Department of Social Services to release the child or secure an instanter order as provided by law. House Floor Amendments to the engrossed bill. 1. Changes penalty for violation from $100 plus court costs to a maximum fine of $25. 2. Adds requirement that child be unattended for 10 minutes before an officer can remove the child. 3. Changes minimum age of person who can qualify as the supervisor of the child from 14 to 10. HLS 03-214 REENGROSSED H.B. NO. 121 4. Deletes requirement that the child be released to DSS and requires instead that the officer hold the child until the parent returns. MARYLAND MARYLAND SUBTITLE 8.5-801 -- UNATTENDED CHILDREN. CONFINEMENT IN DWELLING, BUILDING, ENCLOSURE, OR MOTOR VEHICLE. (a) In general-A person who is charged with the care of a child under the age of 8 years may not allow the child to be locked or confined in a dwelling, building, enclosure, or motor vehicle while the person charged is absent and the dwelling, building, enclosure, or motor vehicle is out of sight of the person charged unless the person charges provides a reliable person at least 13 years old to remain with the child to protect the child. (b) Penalties for Violation- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both. NEBRASKA REVISED STATUTES 28-710 For purposes of sections 28-710-28-727, unless the context otherwise requires. (1) Abuse or neglect means knowingly, intentionally, or negligently causing or permitting a minor child to be: (a) Placed in a situation that endangers his or her life or physical or mental health; (b) Cruelly confined or cruelly punished; (c) Deprived of necessary food, clothing, shelter, or care; (d) Left unattended in a motor vehicle if such child is six years of age or younger; PENNSYLVANIA THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL 161 Session of 1991 AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 2, 1991 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: "AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes" Section 3701.1 LEAVING AN UNATTENDED CHILD IN A MOTOR VEHICLE. (A) General Rule -- A person driving or in charge of a motor vehicle may not permit a child under six years of age to remain unattended in the vehicle when the motor vehicle is out of the person's sight and under circumstances which endanger the health, safety or welfare of the child. (B) Penalty -- A person who violates this section commits a summary offense. TEXAS STATE LAW CHAPTER 22. ASSAULTIVE OFFENSES Texas Code § 22.10. Leaving a Child in a Vehicle (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and (2) not attended by an individual in the vehicle who is 14 years of age or older. (b) An offense under this section is a Class C misdemeanor. If the child is injured the charge is then child endangerment which is a felony. The penalties are six months to two years in jail and a fine up to $10,000. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, § 1, eff. Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. WASHINGTON Washington State Law 46.61.685 Leaving Children unattended in standing vehicle with motor running-Penalty. It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle. Any person violating the provisions of this section is guilty of a misdemeanor. Upon a subsequent conviction for a violation of this section, the department shall revoke the operator's license of such person. Proposed State Laws ARIZONA HB 2225 Introduced by Representatives McClure, Mason, Senator Bee: Representatives Alvarez, Gallardo, Kavanagh, Meza AN ACT amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3626; relating to family offenses. Be it enacted by the Legislature of the State of Arizona: Section 1. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3626, to read: START_STATUTE 13-3626. Unattended child in motor vehicle; classification A. It is unlawful for a person who is responsible for a child who is under ten years of age to intentionally, knowingly or recklessly leave the child in a motor vehicle without supervision in the motor vehicle by another person who is at least fourteen years of age if either of the following applies: 1. The conditions present a risk to the child's health or safety. 2. The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment. B. A person who violates this section is guilty of a class 3 misdemeanor, except that a second or subsequent violation is a class 2 misdemeanor. GEORGIA 04 HB 1035/CSFA House Bill 1035 (COMMITTEE SUBSTITUTE) (AM) By: Representatives Harrell of the 54th, Reece of the 21st, Drenner of the 57th, Benfield of the 56th, Post 1, Manning of the 32nd, and others A BILL TO BE ENTITLED AN ACT To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide for a fine for leaving a child unattended in a passenger car; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by inserting a new Code Section 40-6-256 to read as follows: "40-6-256. (a) A person responsible for a child six years of age or younger shall not leave that child in a passenger car, as defined in Code Section 40-1-1, without supervision in the passenger car by a person at least 14 years of age if the conditions present a risk to the child´s health or safety. (b) Any person who violates subsection (a) of this Code section shall be punished only by a fine of not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. Such fine may be reduced to an amount of not more than $5.00 upon a finding by the court of financial hardship on the part of the person charged with a violation of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. HAWAII HB356 HD2 Generated on 3/12/2007 4:37:29 AM Measure Title: RELATING TO CHILD ENDANGERMENT. Report Title: Child Endangerment Description: Establishes a motor vehicle violation that prohibits leaving a child unsupervised in a motor vehicle. Requires the examiner of drivers to test driver's license applicants for knowledge of this offense. (HB356 HD2) Package: None Companion: Introducer(s): LEE, LUKE, MIZUNO, MORITA, RHOADS, TAKAI, THIELEN, WAKAI Current Referral: TIA, JDL IOWA Senate File 2263 Partial Bill History Bill Introduced: S.J. 345 Complete Bill History Bill Text PAG LIN 1 1 Section 1. NEW SECTION. 321.8A UNATTENDED OR NOT 1 2 PROPERLY SUPERVISED CHILD IN A MOTOR VEHICLE – PUBLICATION. 1 3 The department shall provide information to the public 1 4 concerning the hazards of leaving a child unattended or not 1 5 properly supervised in a motor vehicle. The department is 1 6 encouraged to include such information in the publication 1 7 distributed pursuant to section 321.15. 1 8 Sec. 2. NEW SECTION. 321.276 UNATTENDED OR NOT PROPERLY 1 9 SUPERVISED CHILD IN A MOTOR VEHICLE. 1 10 A person shall not leave a child six years of age or 1 11 younger in a motor vehicle unattended or under the supervision 1 12 of a person who is eleven years of age or younger. A person 1 13 does not violate this section if the person can maintain 1 14 visual contact with the child. A person who violates this 1 15 section commits a simple misdemeanor punishable as a scheduled 1 16 violation under section 805.8A, subsection 14, paragraph "j". 1 17 Sec. 3. Section 602.8108, subsection 2, Code Supplement 1 18 2001, is amended to read as follows: 1 19 2. Except as otherwise provided, the clerk of the district 1 20 court shall report and submit to the state court 1 21 administrator, not later than the fifteenth day of each month, 1 22 the fines and fees received during the preceding calendar 1 23 month. Except as provided in subsections 4, and 5, and 6, the 1 24 state court administrator shall deposit the amounts received 1 25 with the treasurer of state for deposit in the general fund of 1 26 the state. The state court administrator shall report to the 1 27 legislative fiscal bureau within thirty days of the beginning 1 28 of each fiscal quarter the amount received during the previous 1 29 quarter in the account established under this section. 1 30 Sec. 4. Section 602.8108, Code Supplement 2001, is amended 1 31 by adding the following new subsection: 1 32 NEW SUBSECTION. 7. The state court administrator shall 1 33 allocate fifty percent of the fines and fees attributable to a 1 34 violation of section 321.276 to the state department of 1 35 transportation to be used as provided in section 321.8A. 2 1 Sec. 5. Section 805.8A, subsection 14, Code Supplement 2 2 2001, is amended by adding the following new paragraph: 2 3 NEW PARAGRAPH. j. UNATTENDED CHILD IN A MOTOR VEHICLE. 2 4 For a violation under section 321.276, the scheduled fine is 2 5 one hundred dollars. 2 6 EXPLANATION 2 7 This bill creates a criminal offense for leaving an 2 8 unattended or not properly supervised child in a motor 2 9 vehicle. 2 10 The bill provides that a person shall not leave a child in 2 11 a motor vehicle unattended or under the supervision of a 2 12 person who is 11 years of age or younger. A person who is 2 13 able to maintain visual contact with the child in the motor 2 14 vehicle does not violate the bill. 2 15 The bill provides that a person who violates the bill 2 16 commits a simple misdemeanor subject to a scheduled fine of 2 17 $100. 2 18 The bill provides that 50 percent of the fines and fees 2 19 collected for a violation of this bill shall be used by the 2 20 department of transportation to publicize the hazards of 2 21 leaving an unattended or not properly supervised child in a 2 22 motor vehicle. 2 23 LSB 5797XS 79 2 24 jm/pj/5 KANSAS SENATE BILL No. 291 PROPOSED LAW By Senator Allen AN ACT concerning crimes, criminal procedure and punishment; creating the crime of causing harm to another person by motor vehicle and prescribing penalties therefor. Be it enacted by the Legislature of the State of Kansas: Section 1. (a) Causing harm to another person by motor vehicle is leaving a child 7 years of age or younger unattended in a motor vehicle and such child causes the death or bodily harm to another person by causing an accident involving another motor vehicle or pedestrian. (b) (1) Causing harm to another person by motor vehicle when such child causes the death of another person is a class A person misdemeanor. (2) Causing harm to another person by motor vehicle when such child causes bodily harm to another person is a class B person misdemeanor. (c) As used in this section, “unattended” means not accompanied by a person 12 years of age or older. (d) The provisions of this section are part of and supplemental to the Kansas criminal code. Sec. 2 This act shall take effect and be in force from and after its publication in the Kansas register. KENTUCKY KENTUCKY LEGISLATURE “Bryan’s Law” A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person’s: Operation of a motor vehicle; or Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which a create grave risk of death, thereby causing the death of a child. Manslaughter in the second degree is a Class C felony. MASSACHUSETTS** The Commonwealth of Massachusetts PETITION OF: Christopher G. Fallon In the Year Two Thousand and Seven. AN ACT PROHIBITING THE LEAVING OF UNATTENDED CHILDREN IN MOTOR VEHICLES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Chapter 90 of the General Laws is hereby amended by inserting after section 7CC the following section:- Section 7DD. As used in this section the following terms shall have the following meanings:- "Motor Vehicle", any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks. "Unattended Child", a child who is not accompanied by another person who is a least 14 years of age. A person responsible for a child who is 8 years of age or younger shall not leave that child in a motor vehicle without being supervised in the motor vehicle by a person who is at least 14 years of age if: the conditions present a risk to the child’s health or safety, or the engine of the motor vehicle is running or the keys to the motor vehicle are anywhere in the passenger compartment of the vehicle. Any person who violates any provision of this section shall be punished by a fine of not less than $200 for a first offense and not less than $500 for a second or subsequent violation. HOUSE – No. 1407 2 The court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he is economically disadvantaged and the court, instead, refers the defendant to a community education program that includes education on the dangers of leaving your children unattended in motor vehicles, and provides certification of completion of that program. Upon completion of that program, the defendant shall provide that certification to the court. The court may, at its discretion, require any defendant described in this section to attend an education program on the dangers of leaving young children unattended in motor vehicles. Nothing in this section precludes prosecution under any other provision of law. MICHIGAN HB5914 PROPOSED MICHIGAN LAW PROPOSED LAW February 13, 2001, HB-5914, As Passed House, June 15, 2006 SUBSTITUTE FOR HOUSE BILL NO. 5914 A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 135a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 135a. (1) A person who is responsible for the care or welfare of a child shall not leave that child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child. (2) A person who violates this section is guilty of a crime as follows: (a) Except as otherwise provided in subdivisions (b) to (d), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (b) If the violation results in physical harm other than serious physical harm to the child, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (c) If the violation results in serious physical harm to the child, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both. (d) If the violation results in the death of the child, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both. (3) As used in this section: (a) "Child" means an individual less than 6 years of age. (b) "Physical harm" and "serious physical harm" mean those terms as defined in section 136b. (c) "Unattended" means alone or without the supervision of an individual 13 years of age or older who is not legally incapacitated. (d) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. Enacting section 1. This amendatory act takes effect January 1, 2007. MINNESOTA S.F No. 1729, as introduced: 83rd Legislative Session (2003-2004) Posted on Feb 3, 2004 1.1 A bill for an act 1.2 relating to motor vehicles; prohibiting leaving a 1.3 child under the age of nine unattended in a passenger 1.4 vehicle; imposing petty misdemeanor penalty; proposing 1.5 coding for new law in Minnesota Statutes, chapter 169. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [169.355] [LEAVING UNATTENDED CHILD IN 1.8 PASSENGER VEHICLE.] 1.9 Subdivision 1. [REQUIREMENT OF SUPERVISION OF CHILD UNDER 1.10 NINE YEARS OF AGE.] A person shall not leave a child who is 1.11 younger than nine years of age in a passenger vehicle without 1.12 supervision in the vehicle by a person who is at least 14 years 1.13 of age if: 1.14 (1) the conditions present a risk to the child's health or 1.15 safety; or 1.16 (2) the engine of the passenger vehicle is running, or the 1.17 keys to the vehicle are located in the passenger compartment of 1.18 the vehicle. 1.19 Subd. 2. [PENALTY.] Violation of this section is a petty 1.20 misdemeanor. The violator is subject to a fine of not less than 1.21 $150 for a first offense and not less than $300 for a subsequent 1.22 offense. 1.23 Subd. 3. [PROSECUTION FOR OTHER VIOLATIONS.] Prosecution 1.24 under this section does not preclude prosecution under any other 1.25 section of law. H.F No. 1973, as introduced: 83rd Legislative Session (2003-2004) Posted on Feb 9, 2004 1.1 A bill for an act 1.2 relating to motor vehicles; prohibiting leaving a 1.3 child under the age of nine unattended in a passenger 1.4 vehicle; imposing petty misdemeanor penalty; proposing 1.5 coding for new law in Minnesota Statutes, chapter 169. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [169.355] [LEAVING UNATTENDED CHILD IN 1.8 PASSENGER VEHICLE.] 1.9 Subdivision 1. [REQUIREMENT OF SUPERVISION OF CHILD UNDER 1.10 NINE YEARS OF AGE.] A person shall not leave a child who is 1.11 younger than nine years of age in a passenger vehicle without 1.12 supervision in the vehicle by a person who is at least 14 years 1.13 of age if: 1.14 (1) the conditions present a risk to the child's health or 1.15 safety; or 1.16 (2) the engine of the passenger vehicle is running, or the 1.17 keys to the vehicle are located in the passenger compartment of 1.18 the vehicle. 1.19 Subd. 2. [PENALTY.] Violation of this section is a petty 1.20 misdemeanor. The violator is subject to a fine of not less than 1.21 $150 for a first offense and not less than $300 for a subsequent 1.22 offense. 1.23 Subd. 3. [PROSECUTION FOR OTHER VIOLATIONS.] Prosecution 1.24 under this section does not preclude prosecution under any other 1.25 section of law. MISSISSIPPI House Bill 152 2005 Regular Session To: Judiciary B By: Representative Fleming AN ACT TO PROHIBIT LEAVING A CHILD UNDER THE AGE OF NINE YEARS UNATTENDED IN A MOTOR VEHICLE; TO PROVIDE A PENALTY FOR VIOLATIONS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Any person who leaves a child under the age of nine (9) years unattended in a motor vehicle shall be guilty of a misdemeanor and, upon conviction, shall be fined Fifty Dollars ($50.00). SECTION 2. This act shall take effect and be in force from and after July 1, 2005. MISSOURI FIRST REGULAR SESSION HOUSE BILL NO. 113 94TH GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE THRELKELD. AN ACT To repeal section 568.052, RSMo, and to enact in lieu thereof one new section relating to leaving a child unattended in a motor vehicle, with penalty provisions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 568.052, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 568.052, to read as follows: 568.052. 1. As used in this section, the following terms mean: (1) "Collision", the act of a motor vehicle coming into contact with an object or a person; (2) "Injury", physical harm to the body of a person; (3) "Motor vehicle", any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks; (4) "Unattended", not accompanied by an individual fourteen years of age or older. 2. A person commits the crime of leaving a child unattended in a motor vehicle in the first degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian. Such person shall be guilty of a class C felony. 3. A person commits the crime of leaving a child unattended in a motor vehicle in the second degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian. Such person shall be guilty of a class A misdemeanor. 4. A person commits the crime of leaving a child unattended in a motor vehicle in the third degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle under conditions that present a risk to the child's health or safety, or when the engine of the motor vehicle is running or the keys to the motor vehicle are anywhere in the passenger compartment of the vehicle. Such person shall be guilty of a class C misdemeanor. NEVADA Signed into Law June 2005, effective October 2005 ~~PROPOSED~~ LAW Senate Bill No. 17–Senators Wiener, Titus, Amodei, Care, McGinness and Nolan Prefiled January 24, 2003 Referred to Committee on Judiciary SUMMARY—Provides penalty for person who leaves child 7 years of age or younger unsupervised in motor vehicle under certain circumstances. (BDR 15‑586) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15). AN ACT relating to crimes; providing a penalty for a person who leaves a child 7 years of age or younger unsupervised in a motor vehicle under certain circumstances; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows: 1. A parent, legal guardian or other person responsible for a child who is 7 years of age or younger shall not leave that child in a motor vehicle unless the child is being supervised in the motor vehicle by a person who is at least 14 years of age, if: (a) The conditions present a danger to the health and safety of the child; or (b) The engine of the motor vehicle is running or the keys to the motor vehicle are anywhere in the passenger compartment of the motor vehicle. 2. Except as otherwise provided in this subsection, a person who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $300. The court may waive or reduce the fine if the person presents proof to the court, within the time specified by the court, that he has successfully completed an educational program satisfactory to the court, which includes information concerning the dangers of leaving a child unattended in a motor vehicle. 3. A law enforcement officer or other person rendering emergency services who reasonably believes that a violation of this section has occurred may, without incurring civil liability, use any reasonable means necessary to protect the child and to remove the child from the motor vehicle. 4. The provisions of this section must not be construed to preclude the prosecution of a person under any other provision of law. 5. As used in this section, “motor vehicle” means every vehicle which is self-propelled but not operated upon rails. NEW JERSEY PROPOSED NEW JERSEY LAW ASSEMBLY, NO. 232 STATE OF NEW JERSEY 210th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2002SESSION Sponsored by: Assemblywoman ARLINE M.FRISCIA - District 19 (Middlesex) Assemblyman GARY L.GUEAR, SR.- District 14 (Mercer and Middlesex) Imposes penalty for leaving child unattended in motor vehicle under certain circumstances. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. An Act concerning unattended children in motor vehicles and supplementing Title 2C of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. This act shall be known and may be cited as "The Child Defense Act." 2. As used in this act: "Unattended" refers to a child who has been left in a motor vehicle by a parent, legal guardian or other person responsible for that child, when that parent, guardian or other person is more than 10 feet from the vehicle and unable to continuously observe the child. "Unsupervised" refers to an unattended child when a person 14 years of age or older is not present in the motor vehicle. 3. a. A parent, legal guardian or other person responsible for a child younger than 14 years of age who leaves the child unattended and unsupervised in a motor vehicle shall be a petty disorderly person and subject to a fine of not less than $500. If the child suffers bodily injury as a result of being left unattended and unsupervised, the parent, guardian or other person shall be guilty of a crime of the third degree. If the child suffers significant or serious bodily injury, the parent, guardian or other person shall be guilty of a crime of the second degree. Motor vehicle points shall not be assessed for this offense. b. A law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection a. of this section may use whatever means are reasonably necessary to protect the child and remove the child from the vehicle. c. If the child is removed from the immediate area by the law enforcement officer pursuant to subsection b. of this section, notification shall be placed on the vehicle. A child removed from a vehicle pursuant to this act shall be placed under supervision of the Division of Youth and Family Services if the law enforcement officer is unable to locate the parent, guardian or other person responsible for the child. d. A law enforcement officer shall not be liable in any civil action by any party for any act or omission performed in good faith under this act. 4. This act shall take effect immediately. STATEMENT This bill is intended to provide a deterrent to parents who leave their children unattended and unsupervised in motor vehicles. Children left unattended in vehicles have suffered serious consequences due to weather conditions and intrusions by strangers with malicious intentions. Under the bill, a parent, guardian or other person who leaves a child under 14 years of age unattended and unsupervised in a motor vehicle would be a petty disorderly person and subject to a fine of not less than $500, a term of imprisonment not exceeding 30 days, or both. The bill defines an unattended child as one who is left in a motor vehicle by a parent, guardian or other person who is more than 10 feet from the vehicle and unable to continuously observe the child. Such a child would be unsupervised, under the bill, when a person 14 years of age or older is not present in the vehicle. If the child suffers bodily injury as the result of being left unattended and unsupervised in a motor vehicle, the parent, guardian or other person would be charged with a crime of the third degree. If the child suffers significant or serious bodily injury, the parent, guardian or other person would be charged with a crime of the second degree. A crime of the third degree is punishable by imprisonment for three to five years, a fine of up to $15,000, or both. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of up to $150,000, or both. The bill authorizes a law enforcement officer who observes an unattended child in a motor vehicle under these circumstances to take any action necessary to protect the child and remove the child from the vehicle. The officer would be required to place a notification on the vehicle if the child is removed from the immediate area. The officer would be required to place the child under the supervision of the Division of Youth and Family Services if the parent cannot be located. A law enforcement officer who acts in good faith to carry out the provisions of this act would be protected from civil suits. NEW YORK A00169 S T A T E O F N E W Y O R K ________________________________________________________________________ 169 2007-2008 Regular Sessions I N A S S E M B L Y (PREFILED) January 3, 2007 ___________ Introduced by M. of A. LAFAYETTE -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the "unat- tended children in motor vehicles safety act of 2007" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known as and may be cited as the "unat- 2 tended children in motor vehicles safety act of 2007". 3 S 2. The vehicle and traffic law is amended by adding a new section 4 1229-e to read as follows: 5 S 1229-E. UNATTENDED CHILDREN IN MOTOR VEHICLES. 1. A PARENT, LEGAL 6 GUARDIAN, OR OTHER PERSON RESPONSIBLE FOR A CHILD OR CHILDREN WHO ARE 7 EIGHT YEARS OF AGE OR YOUNGER SHALL NOT LEAVE SUCH CHILD OR CHILDREN 8 INSIDE A MOTOR VEHICLE WITHOUT SUPERVISION BY A PERSON WHO IS FOURTEEN 9 YEARS OF AGE OR OLDER UNDER ONE OR MORE OF THE FOLLOWING CIRCUMSTANCES: 10 (A) UNDER CONDITIONS PRESENTING A SIGNIFICANT RISK TO THE CHILD`S 11 HEALTH OR SAFETY; 12 (B) THE ENGINE OF THE MOTOR VEHICLE IS RUNNING; OR 13 (C) THE KEYS TO THE MOTOR VEHICLE ARE ANYWHERE IN THE PASSENGER 14 COMPARTMENT OF THE MOTOR VEHICLE. 15 2. ANY PERSON WHO VIOLATES ANY PROVISIONS OF SUBDIVISION ONE OF THIS 16 SECTION SHALL BE GUILTY OF AN INFRACTION AND SHALL BE PUNISHED BY A FINE 17 OF NOT LESS THAN TWO HUNDRED DOLLARS FOR THE FIRST OFFENSE. A SECOND 18 VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WITHIN 19 FIVE YEARS, OR ANY SUBSEQUENT VIOLATION, SHALL BE PUNISHABLE BY A FINE 20 OF NOT LESS THAN FIVE HUNDRED DOLLARS. 21 3. MOTOR VEHICLE POINTS SHALL NOT BE ASSESSED FOR A FIRST OFFENSE OR 22 SECOND OFFENSE WITHIN FIVE YEARS UNDER THIS SECTION. MOTOR VEHICLE 23 POINTS MAY BE ASSESSED FOR A THIRD OR SUBSEQUENT OFFENSE WITHIN FIVE 24 YEARS. 1 4. NOTHING IN THIS SECTION SHALL PRECLUDE PROSECUTION UNDER ANY OTHER 2 PROVISIONS OF LAW. 3 S 3. This act shall take effect on the thirtieth day after it shall 4 have become a law. NORTH CAROLINA HB1562 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 HOUSE DRH50506-LH-244 (04/02) Short Title: Unattended Children in Vehicles. Sponsors:Representative Underhill. Referred to: A BILL TO BE ENTITLED AN ACT to make leaving an unattended child in a motor vehicle unlawful. The General Assembly of North Carolina enacts: SECTION 1. Chapter 20 of the General Statutes is amended by adding a new Part to read: "Part 11D. Unattended Children in Motor Vehicles. "§ 20‑175.7. Unlawful to leave an unattended child in a motor vehicle. (a) It is unlawful for any parent, legal guardian, or other person responsible for a child who is eight years of age or younger to leave that child in a motor vehicle without being supervised in the motor vehicle by a person who is at least 14 years of age if: (i) the conditions within or in the immediate vicinity of the motor vehicle present a risk to the child's health or safety or (ii) the engine of the motor vehicle is running, or the keys to the motor vehicle are anywhere in the passenger compartment of the vehicle. (b) Any person who violates any provision of this section shall be punished as follows: (1) A person shall be guilty of a Class 2 misdemeanor for a first offense. (2) A person shall be guilty of a Class 1 misdemeanor for a second or subsequent offense. (c) Notwithstanding subsection (b) of this section, the court may, in its discretion, in lieu of imposing any other penalty, require any person convicted of a violation of this section to attend and satisfactorily complete a community education program that includes instruction on the dangers of leaving young children unattended in motor vehicles. Persons required to attend and complete such programs shall, upon completion, provide to the court satisfactory written evidence of such completion. (d) Nothing in this section precludes prosecution under any other provision of law." SECTION 2. By December 1, 2007, the Administrative Office of the Courts shall compile a list of community education programs throughout the State that satisfy the requirements of G.S. 20‑175.7(c), as enacted by this act, and shall make that list available to the chief district judge of each judicial district. SECTION 3. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date. OKLAHOMA 1st Session of the 51st Legislature (2007) SENATE BILL 701 By: Crutchfield AS INTRODUCED An Act relating to motor vehicles; creating the Forget-Me-Not Vehicle Safety Act; defining terms; prohibiting certain unlawful acts; establishing exception; providing penalties; stating certain preclusion; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 11-1117 of Title 47, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the “Forget-Me-Not Vehicle Safety Act”. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 11-1118 of Title 47, unless there is created a duplication in numbering, reads as follows: A. As used in the Forget-Me-Not Vehicle Safety Act: 1. “Person responsible for a child” means a custodial parent or legal guardian of a child, or a person who has been directed or authorized to supervise a child by that child’s custodial parent or legal guardian; 2. “Unattended” means beyond a person’s direct ability to care for or come to the aid of the unaccompanied person; and 3. “Motor vehicle” means any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks. B. A person responsible for a child who is six (6) years of age or younger, or a caretaker of a vulnerable adult as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, shall not leave that child or vulnerable adult unattended in a motor vehicle if the conditions, including, but not limited to, extreme weather, inadequate ventilation, or hazardous or malfunctioning components within the vehicle present a risk to the health or safety of the unattended child or vulnerable adult. C. It shall not be considered a violation of this section if the child or vulnerable adult is accompanied in the motor vehicle by a person at least fourteen (14) years of age who is not mentally incompetent as defined by Section 1-103 of Title 43A of the Oklahoma Statutes. D. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by: 1. A fine of not less than Fifty Dollars ($50.00) upon a first conviction; 2. A fine of not less One Hundred Dollars ($100.00) and ordered to perform community service not less than fifty (50) hours upon a second conviction; and 3. A fine of not less than Two Hundred Dollars ($200.00) upon a third or subsequent conviction, and the full record of that person's convictions of the violations of this section shall be submitted to the Department of Human Services for evaluation. E. Nothing in this section precludes prosecution under any other provision of law. SECTION 3. This act shall become effective November 1, 2007. 51-1-1459 LTL 2/7/2007 11:57:17 AM RHODE ISLAND S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2001 A N A C T RELATING TO CRIMINAL OFFENSES -- CHILDREN Introduced By: Representatives Iwuc, Munschy, Malik, Slater and McNamara Date Introduced: January 17, 2001 Referred To: Committee on Judiciary It is enacted by the General Assembly as follows: SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by adding thereto the following section: 11-9-5.4. Unattended children in motor vehicles. -- (1) Definitions. - As used in this section, the following terms shall mean: (a) "Collision" - the act of a motor vehicle coming into contact with an object or a person; (b) "Injury" - physical harm to the body of a person, causes of which can be among others, heat, cold, and suffocaction; (c) "Motor vehicle" - any automobile, truck, truck-tractor, or any motorbus or motor propelled vehicle not exclusively operated or driven on fixed rails or tracks; (d) "Unattended" - not accompanied by an individual fourteen (14) years or older. (2) A person commits the crime of leaving a child unattended in a motor vehicle if such person leaves a child ten (10) years of age or less unattended in a motor vehicle and such child is fatally injured, or if such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian, such person shall be guilty of a felony. (3) A person commits the crime of leaving a child unattended in a motor vehicle if such person leaves a child ten (10) years of age or less unattended in a motor vehicle and such child is injured, or if such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian, such person shall be guilty of a misdemeanor. (4) A person commits the crime of leaving a child unattended in a motor vehicle if such person leaves a child ten (10) years of age or less unattended in a motor vehicle, such person shall be guilty of a misdemeanor. SECTION 2. This act shall take effect upon passage. ======= LC00675 ======= EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL OFFENSES -- CHILDREN This act would make it a crime to leave a child or children unattended in a motor vehicle. This act would take effect upon passage. TENNESSEE HB0304 Bill Summary for HB0304 / *SB0270 Under this bill, it would be a Class B misdemeanor for a person responsible for a child younger than seven years of age to knowingly leave the child in a motor vehicle without supervision by a person of at least 13 years of age if: (1) The conditions present a risk to the child's health or safety; (2) The engine of the motor vehicle is running; or (3) The keys to the motor vehicle are located anywhere inside the passenger compartment. This offense would be punishable only by a fine of $200 for the first offense and a fine of $500 for a second or subsequent offense. A person violating this bill could also be required, at the discretion of the court, to attend a department of safety-approved community education course on the dangers of leaving young children unattended in motor vehicles. A reasonable fee between $50.00 and $175 could be assessed for the course so long as admittance is not refused due to inability to pay. The course could be operated and conducted by a county, municipality or other local government entity; nonprofit organization; or private entity. Each court clerk would provide a violator with a list of entities approved to operate the community education courses in each county. VIRGINIA HB 452 Children; penalty for leaving certain unattended in a motor vehicle. Summary as introduced: Leaving children unattended in motor vehicles. Prohibits leaving children who are eight years old or younger unsupervised in motor vehicles by persons who are at least 14 years old. First offenses are Class 4 misdemeanors, second or subsequent offenses are Class 3 misdemeanors. Courts may require persons convicted of violations to attend educational programs in lieu of other penalties.