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S 3135Criminal Procedure

Motor and Other Vehicles - Miscellaneous Rules

Removes the prohibition on fines and records for leaving young children unattended in cars, allowing for potential criminal prosecution.

Signed into law69 Yea0 Nay6 Not voting
Population
Affected
15
Email Legislator
Introduced Mar 20, 2026Committee Senate Judiciary

Plain-English Summary

This legislation modifies the state law regarding leaving a child under the age of seven unattended in a motor vehicle. Currently, law enforcement officers are restricted to issuing a verbal warning for this specific violation, and they are prohibited from issuing fines or keeping a record of the incident. This bill removes those restrictions. It clarifies that leaving a child unattended does not prevent prosecution under other applicable criminal laws and states that violations may result in criminal penalties consistent with those laws.

For younger readers

Right now, if a grown-up leaves a child under seven years old alone in a car, the police are only allowed to give them a warning. They aren't allowed to give them a ticket or get them in trouble. This new rule changes that. It says that if a grown-up leaves a young child alone in a car, the police can do more than just give a warning. The grown-up could get in trouble with the law and might face punishment for putting the child in danger.

Who & Where It Applies

Impacted groups
Parents of young childrenGuardians and caregiversLaw enforcement officersJudicial system courtsChild protective services
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Increases protection for vulnerable children by allowing law enforcement to intervene more seriously than a simple warning when a child is left in a dangerous situation.
  • Ensures accountability for negligence, removing a "free pass" that previously existed for parents or guardians who potentially exposed children to life-threatening heat or abduction risks.
  • Allows for records to be maintained regarding these incidents, which could help social services identify patterns of neglect and provide necessary family support or intervention.
  • May disproportionately impact low-income parents who lack access to childcare or safe transportation and are forced to make difficult decisions while running essential errands.
  • Shifts the focus from education (verbal warnings) to criminalization, potentially drawing more families into the criminal justice system rather than providing them with resources.
  • Could lead to aggressive policing of marginalized communities where parents might be criminalized for brief, low-risk lapses in judgment.
For Conservatives
  • Strengthens the rule of law by removing a statutory loophole that prevented police from enforcing consequences for negligent behavior.
  • Emphasizes personal responsibility, ensuring that parents and guardians are held legally accountable for the safety and well-being of their children.
  • Empowers law enforcement officers to use their discretion and existing criminal statutes to handle dangerous situations, rather than being restricted by a "warning only" policy.
  • Expands the power of the state to intervene in family life and penalize parents for decisions regarding how they manage their children during travel.
  • Removes explicit legal protections that shielded citizens from fines and records, potentially subjecting well-meaning parents to government overreach for minor incidents.
  • Could lead to inconsistent application of the law, where parents are prosecuted based on subjective interpretations of danger rather than clear statutory limits.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 8 additions · 5 deletions

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-22-22.1 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows: 31-22-22.1. Child passenger protection — Warnings of hazard and risk.

(a) All law enforcement officers in this state are authorized to may provide a verbal warning to any person who shall be is deemed to have left a child under the age of seven (7) unattended in a motor vehicle. The warning shall apprise inform the offending person of the dangers of this practice including, but not limited to, the risk of kidnapping and/or abduction, and the dangers which may result from the accumulation of excessive temperatures within the motor vehicle.

(b) No fine or sanction shall be imposed for a violation of this section, other than a verbal warning, and no record of any kind shall be maintained of the warning. Nothing in this section shall preclude prosecution under any applicable criminal law for acts arising from leaving a child unattended in a motor vehicle that constitute a criminal offense. A violation of this section may result in criminal penalties consistent with such laws.

SECTION 2. This act shall take effect upon passage.