PRINTER'S NO. 1093

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 952 Session of 2001

        INTRODUCED BY MANN, RUBLEY, BEBKO-JONES, BELARDI, BROWNE,
           CALTAGIRONE, CAPPABIANCA, CIVERA, L. I. COHEN, CORRIGAN,
           CRUZ, DALEY, DiGIROLAMO, EACHUS, GEIST, GRUCELA, HENNESSEY,
           HORSEY, MELIO, R. MILLER, NAILOR, ORIE, PISTELLA, ROONEY,
           STABACK, STERN, E. Z. TAYLOR, TIGUE, VANCE, WALKO, WATSON,
           C. WILLIAMS, J. WILLIAMS, WILT, WOGAN AND YOUNGBLOOD,
           MARCH 14, 2001

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 14, 2001

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for leaving an unattended child
     3     in a motor vehicle and for penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3701.1 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3701.1.  Leaving an unattended child in a motor vehicle.
     9     (a)  General rule.--A person driving or in charge of a motor
    10  vehicle may not permit a child under six years of age to remain
    11  unattended in the vehicle when the motor vehicle is out of the
    12  person's sight and under circumstances which endanger the
    13  health, safety or welfare of the child.
    14     (a.1)  Applicability.--This section shall apply to the
    15  highways and trafficways of this Commonwealth and, for the
    16  purposes of this section only, the term "trafficways" shall

     1  include, but not be limited to, parking lots.
     2     (b)  Penalty.--[A]
     3         (1)  Except as provided for in paragraphs (2) and (3), a
     4     person who violates this section commits a summary offense.
     5         (2)  If a violation of this section results in serious
     6     bodily injury to the child, the person violating this section
     7     commits a misdemeanor of the second degree.
     8         (3)  If a violation of this section results in the death
     9     of the child, the person violating this section commits a
    10     felony of the second degree.
    11     (c)  Definitions.--For purposes of this section, the
    12  following words and phrases shall have the meanings given to
    13  them in this section unless the context clearly indicates
    14  otherwise:
    15     "Serious bodily injury."  Bodily injury which creates a
    16  substantial risk of death or which causes serious, permanent
    17  disfigurement or protracted loss or impairment of the function
    18  of any body member or organ.
    19     Section 2.  This act shall take effect in 60 days.








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