04 May 2012
- Last Updated on Tuesday, 07 August 2012 16:35
- Published Date
By Susan Britt
Alabama Political Reporter
MONTGOMERY--A bill making leaving a child or mentally/physically incapacitated individuals alone in vehicles by a paid caregiver a crime.
Sponsored by Senator Vivian Davis Figures (D-Mobile), SB397, passed the Senate unanimously with one friendly amendment from Senator Paul Bussman (R-Cullman).
Named the Amiyah White Unattended Children in Motor Vehicle Safety Act after a 2-year-old who died after being left in a Mobile church day care center's van for nearly three hours in the summer heat.
The bill, endorsed by the District Attorneys Association, defines the terms under which a child or mentally/physically incapacitated persons could be left in a car as well as the penalties that would be applied upon violation.
Children under the age of 19 can only be left in a car with the supervision of a mentally/physically capable person to at least 19 years old.
Senator Bussman added an amendment further defining a incapacitated person as ""any person who is incapacitated because of mental illness, mental deficiency, physical illness or disability, physical or mental infirmity by advanced aging, chronic use of drugs, chronic intoxication or other to the extent of lack or lacking sufficient understanding or capacity to make or communicate responsible decisions."
"We have many mentally challenged people, we have elderly who are unable to maintain their mental ability," said Bussman. "It is important that we think about people who are left in the car when we get out. People who do not have the ability to think for themselves, to be able mentally or physically get out of the car."
Upon violation of leaving a child or a mentally/physically incapacitated individual in a car in the first offense, the penalty is " not less than two thousand dollars ($2,000), the offense is a Class C misdemeanor."
First offense causing physical injury Class A misdemeanor, causing serious physical injury Class C felony, and resulting in fatal injury Class B felony.
The bill now moves to the House. It is anticipated to be received favorably.
Newer news items:
- Bail Bondsmen to Withhold Issuing Bonds over Bill - 08/05/2012 06:30
- HB56 Opponents Marshal Forces for Last Stand Against Illegal Immigration Bill - 07/05/2012 06:41
- Brooks Explores Ways to Advance STEM Education - 07/05/2012 06:40
- Senate Passes Kyle Graddy Act Guaranteeing Students’ Access to Life-Saving Self-Injections - 07/05/2012 06:37
- Democrats offer budget plan to prevent Medicaid death spiral - 04/05/2012 06:59
Older news items:
- Amended Home Invasion Bill Passes Senate - 04/05/2012 06:54
- Senator McGill Discusses Abortion - 04/05/2012 06:51
- Republican Senate Votes for Tax increase on Jefferson County Workers, Businesses, and Consumers - 04/05/2012 06:49
- Editorial: Pathetic Excuse for a Charter Schools Bill Misses Point of Charter Schools in First Place - 04/05/2012 06:47
- Alabama Public Interest Energy and Fuel Research and Development Grants Program Created by Alabama Legislature - 04/05/2012 06:44