HOUSE BILL 91

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

David M. Gallegos

AN ACT

RELATING TO CHILDREN IN MOTOR VEHICLES; PENALIZING A PERSON WHO LEAVES A CHILD UNATTENDED IN A MOTOR VEHICLE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LEAVING A CHILD UNATTENDED IN A MOTOR VEHICLE.--

          A. Leaving a child unattended in a motor vehicle consists of intentionally or knowingly leaving a child unattended in a motor vehicle for longer than five minutes, knowing that the child is:

                (1) younger than ten years of age; and

                (2) not attended by an individual in the vehicle who is fourteen years of age or older.

          B. A person who commits leaving a child unattended in a motor vehicle is:

                (1) for a first offense, guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and

                (2) for a second or subsequent offense, guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. If leaving a child unattended in a motor vehicle results in injury requiring hospitalization or the death of the child, it shall be deemed prima facie evidence of abuse of the child under Section 30-6-1 NMSA 1978."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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