S.B. 124

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House Floor Amendments 3-3-2011 le/trv

House Committee Amendments 2-28-2011 je/trv

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Senate Committee Amendments 2-1-2011 rd/trv This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 1, 2011 at 2:47 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 10, 2011 at 11:43 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 28, 2011 at 11:53 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 3, 2011 at 12:25 PM by lerror. --> 1

LEAVING A CHILD UNATTENDED IN A MOTOR VEHICLE
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Benjamin M. McAdams
5 House Sponsor: Lee B. Perry
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code by making it H. [ an infraction ] a class C
9a misdemeanor .H to leave a child
10 unattended in S. an enclosed compartment of .S a motor vehicle.
11 Highlighted Provisions:
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:
16a H. . the motor vehicle is on public property or private property that is open to the general
16b public; .H
17 . the child is not supervised by a person who is at least H. [ 12 ] 9 .H years old; and
18 . the conditions present a risk to the H. [ child's health or safety ] child of
18a hyperthermia, hypothermia, or dehydration .H S. [ , the engine is running,
19 or the keys are in the passenger compartment of the motor vehicle ] .S ; H. [ and ] .H
20 . provides that this bill does not apply if the person's conduct that constitutes a
21 violation of this bill is S. [ punishable as a class B misdemeanor, a class A
22 misdemeanor, or a felony. ] subject to a greater penalty under another
22a provision of state law. .S H. ;
22b . preempts enforcement of a local law or ordinance that makes it an infraction or a

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House Floor Amendments 3-3-2011 le/trv 22c

criminal offense to engage in the conduct that constitutes a misdemeanor under this bill;
22d . provides that, notwithstanding any provision of state law to the contrary, a conviction
22e under this bill may not be used by a state or local government entity as grounds for revoking,
22f refusing to grant, or refusing to renew, a license or permit, including a license or permit
22g relating to the provision of day care or child care. .H
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

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House Floor Amendments 3-3-2011 le/trv

House Committee Amendments 2-28-2011 je/trv

Senate 3rd Reading Amendments 2-10-2011 rd/trv

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Senate Committee Amendments 2-1-2011 rd/trv 28

ENACTS:
29 76-10-2202, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-10-2202 is enacted to read:
33 76-10-2202. Leaving a child unattended in a motor vehicle.
34 (1) As used in this section:
35 (a) "Child" means a person who is younger than nine years old.
35a S. (b) "Enclosed compartment" means any enclosed area of a motor vehicle, including the
35b passenger compartment, regardless of whether a door, window, or hatch is left open.
36 [ (b) ] (c) .S "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other
37 self-propelled vehicle.
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. [ a ] an enclosed compartment of a .S motor vehicle;
40a H. (b) the motor vehicle is on:
40b (i) public property; or
40c (ii) private property that is open to the general public;
41 [ (b) ] c .H the child is not supervised by a person who is at least H. [ 12 ] 9 .H years
41a old; and
42 H. [ (c) ] d .H S. [ (i) ] .S the conditions present a risk to the H. [ child's health or
42a1 safety S. that:
42a (i) is due to ] child of .H :
42b H. [ (A) ] (i) .H hyperthermia;
42c H. [ (B) ] (ii) .H hypothermia; or
42d H. [ (C) ] (iii) .H dehydration H. [ ; or ] .
42e [ (ii) a reasonable person would expect to exist when a child is left unsupervised in an enclosed
42f compartment of a motor vehicle. ] .H
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 ] .S .
46 (3) This section does not apply if the person's conduct that constitutes a violation of
47 this section is S. [ punishable as a class B misdemeanor, a class A misdemeanor, or a felony ] subject
47a to a greater penalty under another provision of state law .S .
47b H. (4) This section preempts enforcement of a local law or ordinance that makes it an

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House Floor Amendments 3-3-2011 le/trv 47c

infraction or a criminal offense to engage in the conduct that constitutes a misdemeanor under
47d this section.
47e (5) Notwithstanding any provision of state law to the contrary, a conviction under this
47f section may not be used by a state or local government entity as grounds for revoking, refusing
47g to grant, or refusing to renew, a license or permit, including a license or permit relating to the
47h provision of day care or child care. .H

Legislative Review Note
as of 1-17-11 10:59 AM

Office of Legislative Research and General Counsel