Senate Bill S4008

2017-2018 Legislative Session

Relates to immunity from civil liability for emergency removal of a child from a motor vehicle

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S4008 (ACTIVE) - Details

See Assembly Version of this Bill:
A1238
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §389, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7930
2015-2016: S240, A8336
2019-2020: S1289, A3891
2021-2022: A1285
2023-2024: A2778

2017-S4008 (ACTIVE) - Summary

Relates to immunity from civil liability for emergency removal of a child from a motor vehicle.

2017-S4008 (ACTIVE) - Sponsor Memo

2017-S4008 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4008
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed 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:
   § 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.
              

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