Children in Cars
Governor Jennifer Granholm signed the
Kids in Car law, effective April 1, 2009.
Michigan Compiled Law 750.135a reads
in pertinent part as follows:
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(1) A person who is responsible for
the care or welfare of a child shall not
leave that child unattended in a vehicle
for a period of time that poses an
unreasonable risk of harm or injury to
the child or under circumstances that
pose an unreasonable risk of harm or
injury to the child.
(2) A person who violates this section is
guilty of a crime as follows:
(a) Except as otherwise provided in
subdivisions (b) to (d), the person is
guilty of a misdemeanor punishable by
imprisonment for not more than 93 days
or a fine of not more than $500.00, or both.
(b) If the violation results in physical
harm other than serious physical
harm to the child, the person is guilty
of a misdemeanor punishable by
imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(c) If the violation results in serious physical
harm to the child, the person is guilty of
a felony punishable by imprisonment
for not more than 10 years or a fine
of not more than $5,000.00, or both.
(d) If the violation results in the death
of the child, the person is guilty of a
felony punishable by imprisonment for
not more than 15 years or a fine of not
more than $10,000.00, or both.
(3) As used in this section:
(a) “Child” means an individual
less than 6 years of age.
(b) “Physical harm” and “serious physical harm” mean those
terms as defined in section 136b.
(c) “Unattended” means alone or
without the supervision of an
individual 13 years of age or older
who is not legally incapacitated.
(d) “Vehicle” means that term as defined
in section 79 of the Michigan vehicle
code, 1949 PA 300, MCL 257.79.
In essence, the law gives prosecutors
a criminal charge to levy against a
person who subjects a child under 6
years old to a situation that poses an
unreasonable risk of harm or injury to
the child. Leaving a child locked in a
car in extreme weather conditions, for
instance, poses such a risk.
Waste Collection/Utility Vehicles
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Effective April 1, 2009, 2008 PA 464,
amends the Michigan Vehicle Code
(MCL 257.653b) to require drivers
to exhibit care and caution when
approaching a stationary solid waste
collection vehicle, a utility service
vehicle, or a road maintenance vehicle
with flashing, rotating, or oscillating
amber lights.
A violation would be a misdemeanor
punishable by a fine of not more than
$500 and/or imprisonment for not more
than 90 days. However, a violation that
causes injury to an employee of the
solid waste hauler, the utility provider,
or the road maintenance authority in
the immediate area of the stationary
vehicle would be a felony punishable
by a fine of not more than $1,000 and/or imprisonment for not more than two
years. A violation that causes death would be a felony punishable by a
fine of not more than $7,500 and/or
imprisonment for not more than 15
years
