STATE OF NEW YORK
________________________________________________________________________
2778
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. ZEBROWSKI, PAULIN -- read once and referred 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 § 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
24 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.
LBD06357-01-3
A. 2778 2
1 agency, fire department or other emergency responder arrives and upon
2 arrival shall immediately deliver the child to such emergency responder.
3 3. This section shall not apply to attempts to render aid to the child
4 beyond what is authorized by this section.
5 § 2. This act shall take effect immediately.
