By DeBerry L

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 15, Part 4, to create offenses involving leaving a child unattended in a motor vehicle.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNEESSEE

Section 1. Tennessee Code Annotated, Title 39, Chapter 15, Part 4, is amended by adding the following new section:

Section 39-15-414.

(a) As used in this act, unless the context otherwise requires:
(1) “Collision” is the act of motor vehicle coming into contact with an object or a person;
(2) “Injury” means physical harm to the body of a person, the causes of which may be, but is not limited to, heat, cold, and suffocation;
(3) “Motor Vehicle” means any automobile, truck, truck-tractor, or any motorbus or motor propelled vehicle not exclusively operated or driven on fixed rails or tracks; and
(4) “Unattended” means not accompanied by a person fourteen (14) years or older.

(b) A person commits the offense of leaving a child unattended in a motor vehicle who knowingly leaves a child ten(10) years of age or less unattended in a motor vehicle.

(c) A person commits the offense of aggravated leaving a child unattended in a motor vehicle who knowingly leaves a child ten (10) years of age or less unattended in a motor vehicle and as a result of such conduct:
(1) The child is injured; or
(2) The child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian.

(d) A person commits the offense of especially aggravated leaving a child unattended in a motor vehicle who knowingly leaves a child ten (10) years of age or less unattended in a motor vehicle and as a result of such conduct:
(1) The child is fatally injured; or
(2) The child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian.

(e)
(1) A violation of subsection (b) is a Class C misdemeanor.
(2) A violation of subsection (c) is a Class E felony.
(3) A violation of subsection (d) is a Class C felony.

SECTION 2. This act shall take effect July 1, 2001, the public welfare requiring it.