H. B. 4162
(By Delegates Reynolds, Stephens, Craig,
Morgan, Rodighiero, Miley, Hrutkay, Eldridge,
Ellis, Boggs and Perdue)
[Introduced January 24, 2008; 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 such 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 the provisions of subdivision (1),
subsection (a) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than five hundred
dollars or confined in jail not more than sixty days, or both fined
and confined.
(c) Any person violating the provisions of subdivision (2),
subsection (a) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than fifty dollars and
not more than five hundred dollars.
(d) Any person who violates 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 five hundred dollars 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 are reasonably necessary to
protect the minor child and to remove the child from the vehicle.
(2) If the child is removed from the immediate area,
notification shall be placed on the vehicle.
(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.