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S.B. 124 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code by making it a class C misdemeanor to leave
10 a child unattended in an enclosed compartment of 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 an enclosed compartment of a motor vehicle if:
17 . the motor vehicle is on public property or private property that is open to the
18 general public;
19 . the child is not supervised by a person who is at least nine years old; and
20 . the conditions present a risk to the child of hyperthermia, hypothermia, or
21 dehydration;
22 . provides that this bill does not apply if the person's conduct that constitutes a
23 violation of this bill is subject to a greater penalty under another provision of state
24 law;
25 . preempts enforcement of a local law or ordinance that makes it an infraction or a
26 criminal offense to engage in the conduct that constitutes a misdemeanor under this
27 bill;
28 . provides that, notwithstanding any provision of state law to the contrary, a
29 conviction under this bill may not be used by a state or local government entity as
30 grounds for revoking, refusing to grant, or refusing to renew, a license or permit, including a
31 license or permit relating to the provision of day care or child care.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 ENACTS:
38 76-10-2202, Utah Code Annotated 1953
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 76-10-2202 is enacted to read:
42 76-10-2202. Leaving a child unattended in a motor vehicle.
43 (1) As used in this section:
44 (a) "Child" means a person who is younger than nine years old.
45 (b) "Enclosed compartment" means any enclosed area of a motor vehicle, including the
46 passenger compartment, regardless of whether a door, window, or hatch is left open.
47 (c) "Motor vehicle" means an automobile, truck, truck tractor, bus, or any other
48 self-propelled vehicle.
49 (2) A person who is responsible for a child is guilty of a class C misdemeanor if:
50 (a) the person intentionally, recklessly, knowingly, or with criminal negligence leaves
51 the child in an enclosed compartment of a motor vehicle;
52 (b) the motor vehicle is on:
53 (i) public property; or
54 (ii) private property that is open to the general public;
55 (c) the child is not supervised by a person who is at least nine years old; and
56 (d) the conditions present a risk to the child of:
57 (i) hyperthermia;
58 (ii) hypothermia; or
59 (iii) dehydration.
60 (3) This section does not apply if the person's conduct that constitutes a violation of
61 this section is subject to a greater penalty under another provision of state law.
62 (4) This section preempts enforcement of a local law or ordinance that makes it an
63 infraction or a criminal offense to engage in the conduct that constitutes a misdemeanor under
64 this section.
65 (5) Notwithstanding any provision of state law to the contrary, a conviction under this
66 section may not be used by a state or local government entity as grounds for revoking, refusing
67 to grant, or refusing to renew, a license or permit, including a license or permit relating to the
68 provision of day care or child care.
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