(Reprinted with amendments adopted on February 17, 2003)

 

Senate Bill No. 17–Senators  Wiener,  Titus,  Amodei,  Care,  McGinness and  Nolan

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Judiciary

 

SUMMARY—Provides penalty for person who leaves child 7 years of age or younger unsupervised in motor vehicle under certain circumstances. (BDR 15‑586)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to crimes; providing a penalty for a person who leaves a child 7 years of age or younger unsupervised in a motor vehicle under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 202 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A parent, legal guardian or other person responsible for a

1-4  child who is 7 years of age or younger shall not leave that child in

1-5  a motor vehicle unless the child is being supervised in the motor

1-6  vehicle by a person who is at least 14 years of age, if:

1-7  (a) The conditions present a danger to the health and safety of

1-8  the child; or

1-9  (b) The engine of the motor vehicle is running or the keys to

1-10  the motor vehicle are anywhere in the passenger compartment of

1-11  the motor vehicle.

1-12      2.  Except as otherwise provided in this subsection, a person

1-13  who violates the provisions of subsection 1 is guilty of a

1-14  misdemeanor and shall be punished by a fine of not more than

1-15  $300. The court may waive or reduce the fine if the person

1-16  presents proof to the court, within the time specified by the court,

2-1  that he has successfully completed an educational program

2-2  satisfactory to the court, which includes information concerning

2-3  the dangers of leaving a child unattended in a motor vehicle.

2-4  3.  A law enforcement officer or other person rendering

2-5  emergency services who reasonably believes that a violation of this

2-6  section has occurred may, without incurring civil liability, use any

2-7  reasonable means necessary to protect the child and to remove the

2-8  child from the motor vehicle.

2-9  4.  No person may be prosecuted under this section if the

2-10  conduct would give rise to prosecution under any other provision

2-11  of law.

2-12      5.  As used in this section, “motor vehicle” means every

2-13  vehicle which is self-propelled but not operated upon rails.

 

2-14  H