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Senate advances bill creating misdemeanor for leaving child unattended in vehicle; lawmakers debate time limits and sentencing overlap
Summary
Senate Bill 124 would create a distinct misdemeanor for leaving a child under age 9 unattended in a motor vehicle when conditions pose a risk. Sponsors said the bill clarifies prosecution options; colleagues raised concerns about no fixed time limit, subjective 'present risk' language, and potential conflicts with lesser‑included‑offense rules. The bill was advanced to third reading (20‑4‑5).
Senators debated Senate Bill 124, a measure to create a separate offense for leaving a child unattended in a motor vehicle when conditions present a risk to the child's health or safety. Sponsor Senator McAdams said the bill addresses situations where caregivers choose to leave children in vehicles while running errands and that the new offense focuses on the risk posed rather than requiring proof of actual harm.
Senator Hilliard raised a procedural concern and asked why the bill did not include a fixed time limit for the conduct, noting scenarios in which a parent briefly steps out of a car in fair weather and returns within minutes. Hilliard described the "present risk" standard in the bill as potentially subjective and urged drafting that would allow law‑abiding parents to comply without fear of misdemeanor citation.
Senator Valentine questioned whether the bill could create conflicts with existing sentencing rules for lesser‑included offenses, referencing statute language about single criminal episodes and expressing concern that a defendant charged in a related, more serious offense might argue for the lesser offense instead of appropriate higher penalties. McAdams said the Sentencing Commission had reviewed and recommended language intended to prevent undesirable overlaps and that he would work with colleagues if the language left ambiguity.
Senator Madsen and others offered support, describing the bill as providing law enforcement a misdemeanor option between doing nothing and charging a parent with more severe child‑abuse offenses. On the floor roll call, the chamber recorded 20 yea votes, 4 nay votes and 5 absent; the bill was moved to the third‑reading calendar for further consideration.
Floor discussion centered on drafting trade‑offs between enforceability, prosecutorial discretion and protecting parents who briefly and reasonably leave a child under safe conditions.
