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, and 13, 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