SB258 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Vivian Davis FiguresSenator
Democrat
Co-Sponsors: Rodger Smitherman Shadrack McGill Gerald O. Dial Paul Bussman Bill Holtzclaw Priscilla Dunn J.T. Waggoner Arthur Orr Hank Sanders Bryan Taylor Tom Whatley Trip Pittman George M. “Marc” Keahey Del Marsh William “Bill” M. Beasley Bobby D. Singleton Phillip W. Williams Tammy Irons Jerry L. Fielding Mark Slade Blackwell Gerald H. Allen Scott Beason Dick Brewbaker Cam Ward Roger Bedford, Jr.Clay Scofield Linda Coleman-Madison
Session: Regular Session 2013
Title: Children and incapacitated persons, day care providers, leaving child unattended in a motor vehicle prohibited, criminal penalties, Amiyah White Act
Summary: SB258, known as the Amiyah White Act, makes it illegal for day care providers and anyone responsible for a child under age 7 or an incapacitated person to leave them unattended in a motor vehicle, with fines and escalating penalties up to felonies if someone is injured or dies.
What This Bill Does
It bans leaving a child under 7 or an incapacitated person unattended in a motor vehicle by licensed day care centers, facilities, exempt programs, or their employees or those responsible for the person. It imposes a minimum $2,000 fine for violations, and a prior conviction under this section makes the offense a Class C misdemeanor. If harm occurs, penalties rise to: Class A misdemeanor for physical injury, Class C felony for serious injury, and Class B felony for a fatal injury. The act also clarifies that it creates a new crime, does not limit existing legal actions or insurer liability, is exempt from Amendment 621 requirements, and becomes effective on the first day of the third month after passage and governor approval.

Who It Affects
Day care providers, licensed child care facilities, programs serving incapacitated persons, and their employees or contractors; they are prohibited from leaving a child under 7 or an incapacitated person unattended in a motor vehicle and face fines and potential criminal penalties if they do.
People responsible for a child under 7 or an incapacitated person (including those in exempt programs and other caregivers); they face the same penalties and escalating charges if someone is injured or killed due to leaving them unattended.

Key Provisions
Defines motor vehicle and incapacitated person for purposes of the act.
Prohibits licensed day care centers, facilities, exempt day care services, employees, and others responsible for a child under 7 or an incapacitated person from leaving them unattended in a motor vehicle in a way that creates an unreasonable risk.
Sets penalties: at least $2,000 fine; prior conviction makes the offense a Class C misdemeanor; physical injury -> Class A misdemeanor; serious physical injury -> Class C felony; fatally injured -> Class B felony.
Section 3 preserves existing causes of action and rights, and states that the act does not limit contributory negligence or insurer liability.
Section 4 excludes the bill from certain constitutional requirements ( Amendment 621 ) because it creates or amends a crime.
Section 5 establishes the effective date: the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses