NY State Senate Bill 2017-S4008

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

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jan 23, 2018	advanced to third reading
Jan 22, 2018	2nd report cal.
Jan 17, 2018	1st report cal.209
Jan 03, 2018	referred to transportation
Feb 01, 2017	referred to transportation

Votes

- Jan 17, 2018 - Transportation Committee Vote
  S4008
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jan 17, 2018
      
      aye (18)
      
      Avella
      
      Benjamin
      
      Croci
      
      Dilan
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Peralta
      
      Ritchie
      
      Robach
      
      Serrano
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Ranzenhofer

co-Sponsors

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

                                 BILL NUMBER:  S4008

 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.

 EXISTING LAW :

Click here

 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 :

S.240 of 2015-16; Passed Senate
S.7930 of 2014; Referred to Rules

 FISCAL IMPLICATIONS :

None.
 EFFECTIVE DATE :
This act shall take effect immediately.

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.

                                                            LBD04632-01-7

 S. 4008                             2
 
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S4008

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Fred Akshar

Patrick M. Gallivan

Kathleen A. Marchione

Diane J. Savino

2017-S4008 (ACTIVE) - Details

2017-S4008 (ACTIVE) - Summary

2017-S4008 (ACTIVE) - Sponsor Memo

2017-S4008 (ACTIVE) - Bill Text download pdf

Comments