S.B.
124
LEAVING A CHILD UNATTENDED IN A MOTOR VEHICLE
House Floor
Amendments
Amendment 5 March 3, 2011 10:47 AM
Representative Christopher N. Herrod proposes the following amendments:
1. Page 1, Lines 12 through 22
House Committee Amendments
2-28-2011 :
12 This bill:
13 . defines terms;
14 . makes it a class C misdemeanor for a person who is responsible for a child under
15 nine years of age to intentionally, recklessly, knowingly, or with criminal negligence
16 leave a child in S. an enclosed compartment of .S a motor vehicle if:
. the motor vehicle is on public property or private property that is open to the general public;
17 . the child is not supervised by a person who is at least
{
12
}
9
years old; and
18 . the conditions present a risk to the H. [
18a hyperthermia, hypothermia, or dehydration .H S. [
19 or the keys are in the passenger compartment of the motor vehicle
{
and
}
20 . provides that this bill does not apply if the person's conduct that constitutes a
21 violation of this bill is S. [
22 misdemeanor, or a felony.
;
. preempts enforcement of a local law or ordinance that makes it an infraction or a criminal offense to engage in the conduct that constitutes a misdemeanor under this bill;
. provides that, notwithstanding any provision of state law to the contrary, a conviction under this bill may not be used by a state or local government entity as grounds for revoking, refusing to grant, or refusing to renew, a license or permit, including a license or permit relating to the provision of day care or child care.
2. Page 2, Lines 38 through 47a
House Committee Amendments
2-28-2011 :
38 (2) A person who is responsible for a child is guilty of a class C misdemeanor if:
39 (a) the person intentionally, recklessly, knowingly, or with criminal negligence leaves
40 the child in S. [
(b) the motor vehicle is on:
(i) public property; or
(ii) private property that is open to the general public;
41
{
(b)
}
(c)
the child is not supervised by a person who is at least
{
12
}
9
years old; and
42
{
(c)
}
(d)
S. [(i)] .S the conditions present a risk to the H. [child's health or safety S.
that:
42a (i) is due to] child of .H :
42b H. [
42c H. [
42d H. [
42e [
42f compartment of a motor vehicle.
42g [
43 (ii) the engine of the motor vehicle is running; or
44 (iii) the keys to the motor vehicle are in the passenger compartment of the motor
45 vehicle
46 (3) This section does not apply if the person's conduct that constitutes a violation of
47 this section is S. [
47a to a greater penalty under another provision of state law .S .
(4) This section preempts enforcement of a local law or ordinance that makes it an infraction or a
criminal offense to engage in the conduct that constitutes a misdemeanor under this section.
(5) Notwithstanding any provision of state law to the contrary, a conviction under this section may not
be used by a state or local government entity as grounds for revoking, refusing to grant, or refusing to
renew, a license or permit, including a license or permit relating to the provision of day care or child
care.
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