THE
UNATTENDED CHILD IN MOTOR VEHICLE ACT
AS
PROPOSED IN TEXAS
15620.
(a) A parent, legal guardian, or other person responsible for a child who is 6
years of age or younger may not leave that child inside a motor vehicle without
being subject to the supervision of a person who is 12 years of age or older,
under either of the following circumstances:
(1) Where
there are conditions that present a significant risk to the child's health or
safety.
(2) When
the vehicle’s engine is running or the vehicle's keys are in the ignition, or
both.
(b) A
violation of subdivision (a) is an infraction punishable by a fine of one
hundred dollars ($100), except that the court may reduce or waive the fine if
the defendant establishes to the satisfaction of the court that he or she is
economically disadvantaged and the court, instead, refers the defendant to a
community education program that includes education on the dangers of leaving
young children unattended in motor vehicles, and provides certification of
completion of that program. Upon completion of that program, the defendant shall
provide that certification to the court. The court may, at its discretion,
require any defendant described in this section to attend an education program
on the dangers of leaving young children unattended in motor vehicles.
(c)
Nothing in this section shall preclude prosecution under both this section and
Section 192 of the Penal Code, or Section 273a of that code, or any other
provision of law.
(d) (1)
Subdivision (b) and Section 40000.1 do not apply if an unattended child is
injured or medical services are rendered on that child because of a violation
described in subdivision (a).
(2) Nothing in this subdivision precludes prosecution under any other provision of law.
(3)Any person taking reasonable actions to remove an unattended child from
a vehicle may not be prosecuted as long as they notify proper
authorities before or immediately after stabilizing the situation.
15630.
Notwithstanding any other provision of law, the fines collected for a violation
of this division shall be allocated by the county treasurer, as follows:
(a) (1)
Seventy percent to the county or city health department where the violation
occurred, to be used for the development and implementation of community
education programs on the dangers of leaving young children unattended in motor
vehicles.
(2) A
county or city health department may develop and implement the community
education program described in paragraph (1) or may contract for the
development and implementation of that program.
(3) As
the proceeds from fines collected under this division become available, each
county or city health department shall prepare and annually update a listing of
community education programs that provide information on the dangers of leaving
young children unattended in motor vehicles and ways to avoid that danger. The
county or city health department shall forward the listing to the courts and
shall make the listing available to the public, and may distribute it to other
agencies or organizations.
(b)
Fifteen percent to the county or city for the administration of the program,
from which will be paid the cost of the county to account for and disburse fine
revenues.
(c)
Fifteen percent to the city, to be deposited in its general fund except that,
if the violation occurred in an unincorporated area, this amount shall be
deposited in the county's general fund.
15632.
(a) The department shall include information concerning the dangers of leaving
children unattended in motor vehicles, including, but not limited to, the
effect of solar heat on the temperature of vehicle interiors and the penalties
for noncompliance
with
Chapter 2 (commencing with Section 15620), in the following materials
distributed by the department:
(1) The
TEXAS Driver's Handbook published under subdivision (b) of Section 1656.
(2) The
driver's license examination administered under Section 12804.9, by including,
on a rotating basis, at least one question in one version of the driver's
license examination that is periodically administered to applicants.
(3) Any
driver's education materials certified by the department.
(4)
Courses and examinations for traffic violator schools.
(5)
Materials provided to secondary and post-secondary schools and educational
institutions.
(6) Any
materials provided to community education campaigns undertaken by the
department and other state agencies, including, but not limited to, the
Department of the TEXAS Highway Patrol and the Department of Transportation.
(b) The department shall not republish materials before existing supplies are exhausted, but shall arrange for compliance with this section in the next edition or publication of those materials in the normal course of business.