S T A T E O F N E W Y O R K
________________________________________________________________________
8336
2015-2016 Regular Sessions
I N A S S E M B L Y
August 5, 2015
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to immunity
from civil liability for emergency removal of a child from a motor
vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 389 to read as follows:
S 389. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY REMOVAL OF A CHILD
FROM A MOTOR VEHICLE. 1. ANY PERSON ACTING REASONABLY AND IN GOOD FAITH
SHALL BE IMMUNE FROM CIVIL LIABILITY FOR ANY DAMAGE RESULTING FROM THE
EMERGENCY MEASURE OF FORCIBLY ENTERING A MOTOR VEHICLE, AS SUCH TERM IS
DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, FOR THE
PURPOSE OF REMOVING AN UNSUPERVISED OR UNATTENDED CHILD UNDER THE AGE OF
EIGHT IF THE PERSON, WITHOUT NEGLIGENCE ON HIS OR HER PART AND PRIOR TO
SUCH FORCIBLE ENTRY:
A. DETERMINES THE VEHICLE IS LOCKED AND THERE IS OTHERWISE NO REASON-
ABLE METHOD FOR THE CHILD TO BE REMOVED FROM THE MOTOR VEHICLE; AND
B. HAS A GOOD FAITH REASONABLE BELIEF BASED UPON THE CIRCUMSTANCES
KNOWN TO THE PERSON AT THE TIME THAT THE EMERGENCY MEASURE OF FORCIBLE
ENTRY INTO THE MOTOR VEHICLE IS NECESSARY BECAUSE THE CHILD IS IN IMMI-
NENT DANGER OF SUFFERING HARM WHICH REQUIRES IMMEDIATE ACTION BY SUCH
PERSON TO REMOVE THE CHILD FROM THE MOTOR VEHICLE AND SUCH PERSON USED
NO MORE FORCE THAN WAS REASONABLE AND NECESSARY UNDER THE CIRCUMSTANCES
TO ENTER THE VEHICLE AND REMOVE THE CHILD.
2. ANY PERSON ACTING REASONABLY AND IN GOOD FAITH PURSUANT TO THIS
SECTION SHALL CONTACT EITHER THE LOCAL LAW ENFORCEMENT AGENCY, THE FIRE
DEPARTMENT OR THE 911 OPERATOR PRIOR TO SUCH FORCIBLE ENTRY OR AS SOON
AS IS REASONABLY PRACTICABLE AND SHALL REMAIN WITH THE CHILD IN A SAFE
LOCATION REASONABLY CLOSE TO THE VEHICLE UNTIL THE LOCAL LAW ENFORCEMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02197-01-5
A. 8336 2
AGENCY, FIRE DEPARTMENT OR OTHER EMERGENCY RESPONDER ARRIVES AND UPON
ARRIVAL SHALL IMMEDIATELY DELIVER THE CHILD TO SUCH EMERGENCY RESPONDER.
3. THIS SECTION SHALL NOT APPLY TO ATTEMPTS TO RENDER AID TO THE CHILD
BEYOND WHAT IS AUTHORIZED BY THIS SECTION.
S 2. This act shall take effect immediately.