STATE OF NEW YORK ________________________________________________________________________ 686--A 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. MAGNARELLI, BENEDETTO, GALEF, GUNTHER, HOOPER, ORTIZ, RIVERA, TITUS, ABBATE, STIRPE, JAFFEE, OTIS, ARROYO, MOSLEY, DAVILA, PICHARDO -- Multi-Sponsored by -- M. of A. BARCLAY, BLAKE, BRAUNSTEIN, COOK, HEVESI, MAGEE, McDONOUGH, SIMON, THIELE -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to prohibiting a child 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 sixteen years old shall knowingly or recklessly, under conditions 6 that present a substantial health or safety risk, leave such child unat- 7 tended inside a motor vehicle. Nothing in this section shall be deemed 8 to 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. LBD00563-02-7