S T A T E O F N E W Y O R K
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7761
2015-2016 Regular Sessions
I N A S S E M B L Y
May 26, 2015
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Introduced by M. of A. CERETTO -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to removing an
unsupervised or unattended minor from a motor vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 12 of the vehicle and traffic law is amended by
adding a new section 389 to read as follows:
S 389. REMOVING AN UNSUPERVISED OR UNATTENDED MINOR FROM A MOTOR VEHI-
CLE. 1. ANY PERSON ACTING REASONABLY AND IN GOOD FAITH SHALL BE IMMUNE
FROM BOTH CRIMINAL AND 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 MINOR 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 MINOR 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 MINOR IS IN IMMI-
NENT DANGER OF SUFFERING HARM WHICH REQUIRES IMMEDIATE ACTION BY SUCH
PERSON TO REMOVE THE MINOR FROM THE MOTOR VEHICLE; AND
(C) USED NO MORE FORCE THAN WAS REASONABLE AND NECESSARY UNDER THE
CIRCUMSTANCES TO ENTER THE VEHICLE AND REMOVE THE MINOR; AND
(D) CONTACTED EITHER THE LOCAL LAW ENFORCEMENT AGENCY, THE FIRE
DEPARTMENT OR THE 911 OPERATOR; AND
(E) PLACED A NOTICE ON THE MOTOR VEHICLE WINDSHIELD WITH THE PERSON'S
CONTACT INFORMATION, THE REASON ENTRY WAS MADE, AND THE LOCATION OF THE
MINOR, AND THAT THE AUTHORITIES HAVE BEEN NOTIFIED; AND
2. AFTER REMOVING SUCH MINOR, THE PERSON MUST REMAIN WITH THE MINOR IN
A SAFE LOCATION REASONABLY CLOSE TO THE VEHICLE UNTIL THE LOCAL LAW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11301-01-5
A. 7761 2
ENFORCEMENT AGENCY, FIRE DEPARTMENT OR OTHER EMERGENCY RESPONDER ARRIVES
AND UPON ARRIVAL SHALL IMMEDIATELY DELIVER THE MINOR TO SUCH EMERGENCY
RESPONDER.
S 2. This act shall take effect immediately.