S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4614
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MORINELLO  --  read once and referred to the
   Committee 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:
   § 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.
              

                                                            LBD08774-01-9

 A. 4614                             2
 
 ENFORCEMENT AGENCY, FIRE DEPARTMENT OR OTHER EMERGENCY RESPONDER ARRIVES
 AND UPON ARRIVAL SHALL IMMEDIATELY DELIVER THE MINOR TO  SUCH  EMERGENCY
 RESPONDER.
   § 2. This act shall take effect immediately.