Purpose.
The purpose of the Unattended Children In Motor Vehicle Safety Act Model Law is to protect
innocent children from being injured or killed when left alone in a motor vehicle.
Section 1. Title
This law may be cited as the [State name] Unattended Children In Motor Vehicle Safety
Act.
Section 2. Definitions
The following terms have the meaning specified as used in the act:
(A) "Unattended child" means a child who is not accompanied by another
person who is at least fourteen years of age.
(B) "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.
Section 3. Unattended Child
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:
(A) the conditions present a risk to the child's health or safety, 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 vehicle
Section 4. Penalty
Any person who violates any provisions of this Act shall be subject to a penalty as
follows:
(a) a person who violates any provision of this Act shall be subject to an infraction or
(insert appropriate language for state) with a fine of not less than two hundred
dollars ($200) for the first offense;
(b) a person who violates any provision of this Act shall be subject to an infraction or
(insert appropriate language for state) with a fine of not less than five hundred
dollars ($500) for a second or subsequent violation.
(Consider adding the following language: 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.)
Nothing in this section precludes prosecution under any other provision of law.
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