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,and1 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