House File 110 - Introduced



                                       HOUSE FILE       
                                       BY  SMITH


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to leaving a child unattended or not properly
  2    supervised in a motor vehicle, and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1748HH 83
  5 dea/nh/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.8A  CHILD LEFT UNATTENDED OR
  1  2 NOT PROPERLY SUPERVISED 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  CHILD LEFT UNATTENDED OR
  1  9 NOT PROPERLY SUPERVISED 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 2009, 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, and
  1 24 9, and 10, the state court administrator shall deposit the
  1 25 amounts received with the treasurer of state for deposit in
  1 26 the general fund of the state.  The state court administrator
  1 27 shall report to the legislative services agency within thirty
  1 28 days of the beginning of each fiscal quarter the amount
  1 29 received during the previous quarter in the account
  1 30 established under this section.
  1 31    Sec. 4.  Section 602.8108, Code 2009, is amended by adding
  1 32 the following new subsection:
  1 33    NEW SUBSECTION.  10.  The state court administrator shall
  1 34 allocate fifty percent of the fines and fees attributable to
  1 35 violations of section 321.276 to the 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 2009, 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 a child
  2 10 unattended or not properly supervised in a motor vehicle.  The
  2 11 bill prohibits leaving a child in a motor vehicle unattended
  2 12 or under the supervision of a person who is 11 years of age or
  2 13 younger.  A person who is able to maintain visual contact with
  2 14 the child in the motor vehicle does not violate the bill.
  2 15    A violation of the bill is a simple misdemeanor punishable
  2 16 by a scheduled fine of $100.
  2 17    The bill requires the department of transportation to
  2 18 publicize the hazards of leaving a child unattended or not
  2 19 properly supervised in a motor vehicle.  Fifty percent of the
  2 20 fines and fees collected for violation of the bill shall be
  2 21 allocated to the department for that purpose.
  2 22 LSB 1748HH 83
  2 23 dea/nh/24