GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                   D

HOUSE DRH50506-LH-244  (04/02)

 

 

 

 

 

 

Short Title:     Unattended Children in Vehicles.

(Public)

Sponsors:

Representative Underhill.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to make leaving an unattended child in a motor vehicle unlawful.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 20 of the General Statutes is amended by adding a new Part to read:

"Part 11D. Unattended Children in Motor Vehicles.

"§ 20-175.7.  Unlawful to leave an unattended child in a motor vehicle.

(a)       It is unlawful for any parent, legal guardian, or other person responsible for a child who is eight years of age or younger to leave that child in a motor vehicle without being supervised in the motor vehicle by a person who is at least 14 years of age if:  (i) the conditions within or in the immediate vicinity of the motor vehicle present a risk to the child's health or safety or (ii) the engine of the motor vehicle is running, or the keys to the motor vehicle are anywhere in the passenger compartment of the vehicle.

(b)       Any person who violates any provision of this section shall be punished as follows:

(1)       A person shall be guilty of a Class 2 misdemeanor for a first offense.

(2)       A person shall be guilty of a Class 1 misdemeanor for a second or subsequent offense.

(c)       Notwithstanding subsection (b) of this section, the court may, in its discretion, in lieu of imposing any other penalty, require any person convicted of a violation of this section to attend and satisfactorily complete a community education program that includes instruction on the dangers of leaving young children unattended in motor vehicles. Persons required to attend and complete such programs shall, upon completion, provide to the court satisfactory written evidence of such completion.

(d)       Nothing in this section precludes prosecution under any other provision of law."

SECTION 2.  By December 1, 2007, the Administrative Office of the Courts shall compile a list of community education programs throughout the State that satisfy the requirements of G.S. 20-175.7(c), as enacted by this act, and shall make that list available to the chief district judge of each judicial district.

SECTION 3.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.