2017 -- H 5311

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

     Introduced By: Representatives Serpa, Fellela, Canario, Vella-Wilkinson, and Williams

     Date Introduced: February 01, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-22-22.1 of the General Laws in Chapter 31-22 entitled

"Miscellaneous Rules" is hereby repealed.

     31-22-22.1. Child passenger protection -- Warnings of hazard and risk.

     (a) All law enforcement officers in this state are authorized to provide a verbal warning to

any person who shall be deemed to have left a child under the age of seven (7) unattended in a

motor vehicle. The warning shall apprise the offending person of the dangers of this practice

including, but not limited to, the risk of kidnapping and/or abduction, and the dangers which may

result from the accumulation of excessive temperatures within the motor vehicle.

      (b) No fine or sanction shall be imposed for a violation of this section, other than a

verbal warning, and no record of any kind shall be maintained of the warning.

     SECTION 2. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

hereby amended by adding thereto the following section:

     31-22-22.2. Child confinement in motor vehicles prohibited.

     (a) No person shall intentionally or knowingly leave a child under the age of seven (7)

years unattended in a motor vehicle for longer than five (5) minutes. For the purposes of this

section, a child shall be deemed unattended if not accompanied by a person who is at least

fourteen (14) years of age.

     (b) No person shall leave any child younger than fourteen (14) years in a motor vehicle

for any length of time if the child would be subject to extreme heat or cold or subjected to a lack

of adequate ventilation.

     (c) Any law enforcement officer who has reason to believe that this section is being

violated shall have the authority to enter the motor vehicle by any reasonable means necessary to

protect the health or well-being of the child. If the circumstances allow, a reasonable effort shall

first be made by the law enforcement officer to locate a person responsible for the child who has

been left unattended.

     (d) Any person who knowingly violates subsections (a) or (b) of this section shall be

punished by imprisonment for a term not exceeding one year or by a fine of no more than one

thousand dollars ($1,000). Any injury sustained by a child caused by any violation of this section

may result in a charge of child abuse under §11-9-5.3 or any other applicable provision of law.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

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     This act would make it an offense to leave a child under seven (7) years of age

unattended in a motor vehicle for longer than five minutes, punishable by imprisonment for a

term not exceeding one year or by a fine of no more than one thousand dollars ($1,000).

     This act would take effect upon passage.

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