HB 121 Summary

• Parents, legal guardians, or caregivers may not leave children under 6 years of age unattended in a motor vehicle for more than 15 minutes, or at any time if the engine is running, the child's health is in danger, or the child appears in distress.

• Violating the 15-minute rule constitutes a second-degree misdemeanor; violating safety conditions is a noncriminal traffic infraction punishable by a fine of $50-$500.

• Leaving a child unattended while causing great bodily harm, permanent disability, or permanent disfigurement is a third-degree felony.

• Any person, including law enforcement, may forcibly enter a vehicle to remove an endangered child if the vehicle is locked, they have reasonable belief the child is in imminent danger, law enforcement is notified before or immediately after entry, and only necessary force is used.

• A person who forcibly enters a vehicle to remove a child under these conditions is immune from civil liability for vehicle damage and criminal prosecution if they remain with the child until law enforcement arrives.

• The child shall be remanded to the Department of Children and Families unless law enforcement locates the parents or legal guardian.

• Effective date: July 1, 2016.