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SB 255 (Speier)
Unattended Child in Motor Vehicle Act “Kaitlyn’s Law”
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. |
