H. B. 2673
(By Delegates Reynolds, Stephens, Morgan,
Rodighiero, Miley, Eldridge, Boggs and Perdue)
[Introduced February 19, 2009; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-14-15, relating
to leaving children unattended or unsupervised in motor
vehicles; penalty; and the authority of a law-enforcement
officer.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-14-15, to read as
follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Leaving children unattended or unsupervised in motor
vehicles; penalty; authority of law-enforcement
officer.
(a) A parent, legal guardian or other person responsible for
a child younger than six years of age may not leave the child unattended or unsupervised in a motor vehicle:
(1) For a period in excess of fifteen minutes;
(2) For any period of time if the motor vehicle is running or
the health of the child is in danger.
(b) Any person violating subdivision (1), subsection (a) of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $500 or confined in jail not
more than sixty days, or both fined and confined.
(c) Any person violating subdivision (2), subsection (a) of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $50 and not more than $500.
(d) Any person violating subsection (a) and in so doing causes
great bodily harm, permanent disability or permanent disfigurement
to a child is guilty of a felony and, upon conviction thereof,
shall be fined not more than $500 or imprisoned in a state
correctional facility not more than five years, or both fined and
imprisoned.
(e) (1) Any law-enforcement officer who observes a child left
unattended or unsupervised in a motor vehicle in violation of
subsection (a) may use whatever means reasonably necessary to
protect the minor child and to remove the child from the vehicle.
(2) Notification shall be placed on the vehicle if the child
is removed from the immediate area.
(3) The child shall be remanded to the custody of the Department of Health and Human Resources pursuant to article two,
chapter forty-nine, unless the law-enforcement officer is able to
locate the parents or legal guardian or other person responsible
for the child.
NOTE: The purpose of this bill is to establish leaving
children unattended or unsupervised in a motor vehicle as a crime;
to establish penalties; and to allow law-enforcement officers to
take necessary steps to protect children left unattended or
unsupervised in a motor vehicle.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.