House File 315 - Introduced HOUSE FILE BY FOEGE Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to leaving an unattended child or not properly 2 supervised child in a motor vehicle, and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2273HH 82 5 jm/cf/24 PAG LIN 1 1 Section 1. NEW SECTION. 321.8A UNATTENDED OR NOT 1 2 PROPERLY SUPERVISED CHILD IN A MOTOR VEHICLE == PUBLICATION. 1 3 The department shall provide information to the public 1 4 concerning the hazards of leaving a child unattended or not 1 5 properly supervised in a motor vehicle. The department is 1 6 encouraged to include such information in the publication 1 7 distributed pursuant to section 321.15. 1 8 Sec. 2. NEW SECTION. 321.276 UNATTENDED OR NOT PROPERLY 1 9 SUPERVISED CHILD IN A MOTOR VEHICLE. 1 10 A person shall not leave a child six years of age or 1 11 younger in a motor vehicle unattended or under the supervision 1 12 of a person who is eleven years of age or younger. A person 1 13 does not violate this section if the person can maintain 1 14 visual contact with the child. A person who violates this 1 15 section commits a simple misdemeanor punishable as a scheduled 1 16 violation under section 805.8A, subsection 14, paragraph "j". 1 17 Sec. 3. Section 602.8108, subsection 2, Code 2007, is 1 18 amended to read as follows: 1 19 2. Except as otherwise provided, the clerk of the district 1 20 court shall report and submit to the state court 1 21 administrator, not later than the fifteenth day of each month, 1 22 the fines and fees received during the preceding calendar 1 23 month. Except as provided in subsections 3, 4, 5, 7, 8, 9, 1 24 10, 11, 12,and13, and 14, the state court administrator 1 25 shall deposit the amounts received with the treasurer of state 1 26 for deposit in the general fund of the state. The state court 1 27 administrator shall report to the legislative services agency 1 28 within thirty days of the beginning of each fiscal quarter the 1 29 amount received during the previous quarter in the account 1 30 established under this section. 1 31 Sec. 4. Section 602.8108, Code 2007, is amended by adding 1 32 the following new subsection: 1 33 NEW SUBSECTION. 14. The state court administrator shall 1 34 allocate fifty percent of the fines and fees attributable to a 1 35 violation of section 321.276 to the state department of 2 1 transportation to be used for the provision of information as 2 2 provided in section 321.8A. 2 3 Sec. 5. Section 805.8A, subsection 14, Code 2007, is 2 4 amended by adding the following new paragraph: 2 5 NEW PARAGRAPH. j. UNATTENDED CHILD IN A MOTOR VEHICLE. 2 6 For a violation under section 321.276, the scheduled fine is 2 7 one hundred dollars. 2 8 EXPLANATION 2 9 This bill creates a criminal offense for leaving an 2 10 unattended or not properly supervised child in a motor 2 11 vehicle. 2 12 The bill provides that a person shall not leave a child in 2 13 a motor vehicle unattended or under the supervision of a 2 14 person who is 11 years of age or younger. A person who is 2 15 able to maintain visual contact with the child in the motor 2 16 vehicle does not violate the bill. 2 17 The bill provides that a person who violates the bill 2 18 commits a simple misdemeanor subject to a scheduled fine of 2 19 $100. 2 20 The bill provides that 50 percent of the fines and fees 2 21 collected for a violation of the bill shall be used by the 2 22 department of transportation to publicize the hazards of 2 23 leaving an unattended or not properly supervised child in a 2 24 motor vehicle. 2 25 LSB 2273HH 82 2 26 jm:nh/cf/24