Bill outlines penalties for leaving child in car in Nevada

Friday, March 14, 2003 | 11:40 a.m.

CARSON CITY, Nev. - Some Nevada lawmakers want to make it illegal to leave a child unattended in a vehicle, but others questioned the sweeping language of the legislation Friday.

Sen. Valerie Wiener, D-Las Vegas, said SB17 would be a deterrent and help educate people about the dangers of leaving young children unattended.

The bill makes it illegal for parents to leave children age 7 or younger in an unattended vehicle if conditions pose a danger or if the keys are in the vehicle.

The bill makes violating the statute a misdemeanor punishable with a $300 fine, which judges may waive if the offender completes a parenting education class.

Wiener said she chose age 7 because Nevada statutes say anyone younger can't determine right from wrong. The person attending a child in a car must be at least 14 years old, Wiener said. People should know right from wrong by 14, according to statutes.

Assemblyman John Oceguera, a captain in the North Las Vegas Fire Department, told the Assembly Judiciary Committee on Friday that as a firefighter he regularly goes on calls in which people have accidentally locked their children in their cars.

He said most cases are accidents in which parents are frantic. Oceguera expressed concern that the bill could be applied when it wasn't appropriate.

Oceguera, D-Las Vegas, also said the legislation needed a definition for "shall not leave." The was no consensus in the committee about what the phrase means.

Wiener said she would be happy to try and work out language that would appease Oceguera, but Ben Graham, of the Nevada District Attorneys' Association, tried to ease some of Oceguera's fears.

"I don't think we're going to have to worry about abuse of this law," Graham said.

SB17 also provides civil immunity for law enforcement officers who break into a car to extract a child.

Wiener said the idea for the bill came from a constituent whose son died while playing hide and seek in the trunk of her car. Jody Esposito said she has since been an advocate on this issue.

"I want to do whatever I can to spare other parents the incredible grief I deal with every day," Esposito said.

The committee took no action on the bill.