2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
        Introduced  by  M.  of  A. MAGNARELLI, BENEDETTO, GALEF, GUNTHER, ORTIZ,
          PICHARDO -- Multi-Sponsored by -- M. of A. BARCLAY, BLAKE, BRAUNSTEIN,
          COOK, HEVESI -- read once and referred to the Committee on Transporta-
        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 substantial risk
          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    § 1210-a. Unattended child in a motor vehicle.  1. No parent, guardian
     4  or other person legally charged with the care or custody of a child less
     5  than  ten years old shall knowingly or recklessly, under conditions that
     6  present a substantial health or safety risk, leave such child unattended
     7  inside a motor vehicle. Nothing in  this  section  shall  be  deemed  to
     8  supersede the provisions of any other applicable section of law.
     9    2.  A  violation of subdivision one of this section shall be a traffic
    10  infraction and shall be punishable by a fine  of  not  more  than  fifty
    11  dollars  upon  conviction  of  a  first  violation; upon conviction of a
    12  second violation, both of which were committed within a period of  eigh-
    13  teen months, such violation shall be punished by a fine of not more than
    14  one hundred dollars; upon conviction of a third or subsequent violation,
    15  all  of  which  were  committed within a period of eighteen months, such
    16  violation shall be punished by a fine of not more than two  hundred  and
    17  fifty dollars.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.