NY State Senate Bill 2013-S7930

Senate Bill S7930

2013-2014 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2014	referred to rules

2013-S7930 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §389, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S240
2017-2018: S4008
2019-2020: S1289

2013-S7930 (ACTIVE) - Summary

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

2013-S7930 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7930

TITLE OF BILL:  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

PURPOSE: To eliminate the civil liability for damage resulting from
forcible entry into a vehicle in certain cases.

SUMMARY OF PROVISIONS: Section one creates a new section, 389 to the
Vehicle and Traffic Law relating to civil immunity for forcible entry.
This section states: a person shall be immune from civil liability for
any damage resulting from the forcible entry of a motor vehicle for
the purpose of removing a minor from said vehicle if the person
determines prior that; the vehicle is locked and there is otherwise no
reasonable method for the minor to exit the vehicle; has a good faith
belief the minor is in danger or suffering harm if not immediately
removed from the vehicle; has contacted local law enforcement, the
fire department or a 911 operator; places a notice on the windshield
with their contact information and reason the entry was made; remains
with the minor in a safe location reasonably close to the vehicle
until law enforcement arrives; used no more force to enter the vehicle
and remove the minor than was necessary. For the purposes of this
section a minor is a child under the age of 8 years old Section two
sets the effective date.

JUSTIFICATION: Each year, parents or caregivers leave children
unattended in a vehicle and the result can be injury or death. Last
year, 44 children across the nation died from vehicular heat stroke;
as of July 29, 2014, 16 children have died from vehicular heat stroke.
This important piece of legislation will go a long way to help prevent
these senseless tragedies.

According to SafeKids.org, even on a mild 70 degree day, the
temperature inside of a car can rise 19 degrees in 10 minutes and keep
getting hotter with each passing minute. The temperature can continue
to climb much higher than it is outside, and cracking the windows
doesn't help In addition, according to KidsandCars.org, children's
body temperatures increase 3-5 times faster than an adult.  Therefore,
immediate attention can make the difference between life and death for
a young child

This legislation would allow an individual in New York State to
legally break a window or otherwise forcibly enter a parked car
without liability if there is a good faith belief the actions would
help a child under the age of eight years old whom would have
otherwise suffered harm if not immediately removed from the vehicle.

LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

2013-S7930 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7930

                            I N  S E N A T E

                              July 30, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15656-02-4

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