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The Honolulu Advertiser
Posted on: Friday, October 28, 2005

Call grows for law against unattended kids in cars

By Derrick DePledge
Advertiser Capitol Bureau

Gov. Linda Lingle said yesterday she will ask the state Legislature to approve a new law discouraging parents from leaving their children alone in vehicles.

A woman in 'Ewa Beach left her two young boys asleep in a van last week while she went to the bank, and the van was stolen — the fourth time in the past seven months that a vehicle was taken with children inside.

The 'Ewa Beach van was recovered in Kapolei and the children were not harmed. A 29-year-old man is facing three felony charges.

"It's unfortunate that we have to take these kinds of steps to remind parents of the dangers of leaving children unattended," Lingle said in a statement. "But if a law can prevent just one child from being put in danger, it will be worth the effort."

State Rep. Marilyn Lee, D-38th (Mililani, Mililani Mauka), has called for a new law for the past several years but has not been able to reach agreement with other Democrats on details. Last session, the House Judiciary Committee rejected a bill that would have made it a petty misdemeanor to recklessly endanger a child by leaving him or her alone in a vehicle.

People can face a second-degree misdemeanor, a tougher penalty, for recklessly allowing another person to injure a minor. But the existing law does not seem suited to prosecute parents who may have made a momentary lapse of judgment.

"I think there is room for a lot of negotiation on this, but I would like to see this recognized as a problem," Lee said.

State Rep. Sylvia Luke, D-26th (Punchbowl, Pacific Heights, Nu'uanu Valley), chairwoman of the judiciary committee, said some lawmakers questioned replacing the existing law with a law that has a lesser penalty. A misdemeanor is punishable by up to a year in jail while a petty misdemeanor is punishable by up to 30 days in jail.

Luke said lawmakers will hear the issue again next session. "It's clear that we need to send a message to parents who recklessly leave their kids in cars," she said.

Tim Ho, the chief deputy public defender on O'ahu, said Lee's proposal was too broad and could unnecessarily punish parents who may already be traumatized by their mistake. "It's saying any time you leave a child alone in a car that child is in danger," Ho said. "You're trying to smash an ant with a bulldozer."

The four recent incidents in Hawai'i have received media attention in part because they are so unusual given the likelihood that thousands of children are left alone in vehicles each year. Kids in Cars, a nonprofit in St. Louis that raises awareness about the practice, has tracked more than 2,400 incidents nationally since 2000. The group was founded by the parents of a 2-year-old boy who was killed in 1998 after two toddlers playing in a van with its engine running shifted it into gear and hit the boy.

Kelly Rosati, the executive director of the Hawai'i Family Forum, said her group supports a new law as an educational tool. "All of us have been tempted to leave the kids in the car while you run a quick errand, but it's a real danger," she said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.