Bill Text: NY S00240 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 240 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S00240 Detail]

Download: New_York-2015-S00240-Introduced.html

                           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:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 389 to read as follows:
    3    S 389. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY REMOVAL OF A  CHILD
    4  FROM  A MOTOR VEHICLE. 1. ANY PERSON ACTING REASONABLY AND IN GOOD FAITH
    5  SHALL BE IMMUNE FROM CIVIL LIABILITY FOR ANY DAMAGE RESULTING  FROM  THE
    6  EMERGENCY  MEASURE OF FORCIBLY ENTERING A MOTOR VEHICLE, AS SUCH TERM IS
    7  DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE  OF  THIS  CHAPTER,  FOR  THE
    8  PURPOSE OF REMOVING AN UNSUPERVISED OR UNATTENDED CHILD UNDER THE AGE OF
    9  EIGHT  IF THE PERSON, WITHOUT NEGLIGENCE ON HIS OR HER PART AND PRIOR TO
   10  SUCH FORCIBLE ENTRY:
   11    A. DETERMINES THE VEHICLE IS LOCKED AND THERE IS OTHERWISE NO  REASON-
   12  ABLE METHOD FOR THE CHILD TO BE REMOVED FROM THE MOTOR VEHICLE; AND
   13    B.  HAS  A  GOOD  FAITH REASONABLE BELIEF BASED UPON THE CIRCUMSTANCES
   14  KNOWN TO THE PERSON AT THE TIME THAT THE EMERGENCY MEASURE  OF  FORCIBLE
   15  ENTRY  INTO THE MOTOR VEHICLE IS NECESSARY BECAUSE THE CHILD IS IN IMMI-
   16  NENT DANGER OF SUFFERING HARM WHICH REQUIRES IMMEDIATE  ACTION  BY  SUCH
   17  PERSON  TO  REMOVE THE CHILD FROM THE MOTOR VEHICLE AND SUCH PERSON USED
   18  NO MORE FORCE THAN WAS REASONABLE AND NECESSARY UNDER THE  CIRCUMSTANCES
   19  TO ENTER THE VEHICLE AND REMOVE THE CHILD.
   20    2.  ANY  PERSON  ACTING  REASONABLY AND IN GOOD FAITH PURSUANT TO THIS
   21  SECTION SHALL CONTACT EITHER THE LOCAL LAW ENFORCEMENT AGENCY, THE  FIRE
   22  DEPARTMENT  OR  THE 911 OPERATOR PRIOR TO SUCH FORCIBLE ENTRY OR AS SOON
   23  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.
                                                                  LBD02197-01-5
       S. 240                              2
    1  LOCATION REASONABLY CLOSE TO THE VEHICLE UNTIL THE LOCAL LAW ENFORCEMENT
    2  AGENCY,  FIRE  DEPARTMENT  OR OTHER EMERGENCY RESPONDER ARRIVES AND UPON
    3  ARRIVAL SHALL IMMEDIATELY DELIVER THE CHILD TO SUCH EMERGENCY RESPONDER.
    4    3. THIS SECTION SHALL NOT APPLY TO ATTEMPTS TO RENDER AID TO THE CHILD
    5  BEYOND WHAT IS AUTHORIZED BY THIS SECTION.
    6    S 2. This act shall take effect immediately.