Iowa Senate File 2263

Partial Bill History

·         Bill Introduced: S.J. 345

·         Complete Bill History

Bill Text

 Section 1.  NEW SECTION.  321.8A  UNATTENDED OR NOT PROPERLY SUPERVISED CHILD IN A

                   MOTOR VEHICLE – PUBLICATION.

The department shall provide information to the public concerning the hazards of leaving a child unattended or not properly supervised in a motor vehicle.  The department is encouraged to include such information in the publication distributed pursuant to section 321.15.

 

Sec. 2.  NEW SECTION

321.276  UNATTENDED OR NOT PROPERLY SUPERVISED CHILD IN A MOTOR VEHICLE.

A person shall not leave a child six years of age or younger in a motor vehicle unattended or under the supervision of a person who is eleven years of age or younger.  A person does not violate this section if the person can maintain visual contact with the child.  A person who violates this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph "j".

 

Sec. 3.  Section 602.8108, subsection 2, Code Supplement 2001, is amended to read as

follows:

 

2.  Except as otherwise provided, the clerk of the district court shall report and submit

to the state court administrator, not later than the fifteenth day of each month, the fines and fees received during the preceding calendar month.  Except as provided in subsections 4, and 5, and 6, the state court administrator shall deposit the amounts received with the treasurer of state for deposit in the general fund of the state.  The state court administrator shall report to the legislative fiscal bureau within thirty days of the beginning of each fiscal quarter the amount received during the previous quarter in the account established under this section.

 

Sec. 4.  Section 602.8108, Code Supplement 2001, is amended by adding the following new

subsection:

 

NEW SUBSECTION.  7.  The state court administrator shall allocate fifty percent of the fines

and fees attributable to a violation of section 321.276 to the state department of transportation to be used as provided in section 321.8A.

 

Sec. 5.  Section 805.8A, subsection 14, Code Supplement 2001, is amended by adding the

following new paragraph:

 

NEW PARAGRAPH.  j.  UNATTENDED CHILD IN A MOTOR VEHICLE.

 

For a violation under section 321.276, the scheduled fine is one hundred dollars.

 

EXPLANATION

 

This bill creates a criminal offense for leaving an unattended or not properly supervised child in a motor vehicle.

 

The bill provides that a person shall not leave a child in a motor vehicle unattended or under the supervision of a person who is 11 years of age or younger.  A person who is able to maintain visual contact with the child in the motor vehicle does not violate the bill. The bill provides that a person who violates the bill commits a simple misdemeanor subject to a scheduled fine of $100.

 

The bill provides that 50 percent of the fines and fees collected for a violation of this bill shall be used by the department of transportation to publicize the hazards of leaving an unattended or not properly supervised child in a motor vehicle. 

 

LSB 5797XS 79

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