PRINTER'S NO. 946

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 857 Session of 1991


        INTRODUCED BY DURHAM, CAPPABIANCA, TRELLO, BELARDI, STEIGHNER,
           DALEY, VROON, MICOZZIE, KENNEY, STABACK, DeLUCA, HARPER,
           BATTISTO, PRESTON, JOHNSON, BARLEY, KRUSZEWSKI, GEIST, BUNT,
           MELIO, LAUGHLIN, FOX, GRUPPO, LINTON, BILLOW, CIVERA AND
           TELEK, MARCH 19, 1991

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 19, 1991

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, providing that it is unlawful to leave certain
     3     children unattended in motor vehicles.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 3355.  Leaving child in motor vehicle.
     9     (a)  General rule.--It shall be unlawful for the operator of
    10  a motor vehicle who is transporting a child under seven years of
    11  age to leave the child in the motor vehicle unless the child is
    12  attended by a person who is 14 years of age or older.
    13     (b)  Emergency as a defense.--It shall be a defense to an
    14  action under this section if the operator of the vehicle proves,
    15  by a preponderance of the evidence, that the child was left in
    16  the motor vehicle because of emergency circumstances.
    17     (c)  Penalty.--Any person who violates this section commits a

     1  summary offense and shall, upon conviction, be sentenced to pay
     2  a fine not to exceed $25.
     3     (d)  Higher insurance premium prohibited.--An insurer may not
     4  charge an insured who has been convicted of a violation of this
     5  section a higher premium for a policy of insurance in whole or
     6  in part by reason of a conviction under this section.
     7     Section 2.  This act shall take effect in 60 days.
















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