Senate Bill S240

2015-2016 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 Transportation 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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2015-S240 (ACTIVE) - Details

See Assembly Version of this Bill:
A8336
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง389, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7930
2017-2018: S4008, A1238
2019-2020: S1289, A3891
2021-2022: A1285
2023-2024: A2778

2015-S240 (ACTIVE) - Summary

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

2015-S240 (ACTIVE) - Sponsor Memo

2015-S240 (ACTIVE) - Bill Text download pdf

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

                                   240

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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:
  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

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

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