STATE OF NEW YORK
________________________________________________________________________
7761
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
Introduced by M. of A. CERETTO -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to removing an
unsupervised or unattended minor 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. Article 12 of the vehicle and traffic law is amended by
2 adding a new section 389 to read as follows:
3 § 389. Removing an unsupervised or unattended minor from a motor vehi-
4 cle. 1. Any person acting reasonably and in good faith shall be immune
5 from both criminal and 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 minor if the person,
9 without negligence on his or her part and prior to such forcible entry:
10 (a) determines the vehicle is locked and there is otherwise no reason-
11 able method for the minor to be removed from the motor vehicle; and
12 (b) has a good faith reasonable belief based upon the circumstances
13 known to the person at the time that the emergency measure of forcible
14 entry into the motor vehicle is necessary because the minor is in immi-
15 nent danger of suffering harm which requires immediate action by such
16 person to remove the minor from the motor vehicle; and
17 (c) used no more force than was reasonable and necessary under the
18 circumstances to enter the vehicle and remove the minor; and
19 (d) contacted either the local law enforcement agency, the fire
20 department or the 911 operator; and
21 (e) placed a notice on the motor vehicle windshield with the person's
22 contact information, the reason entry was made, and the location of the
23 minor, and that the authorities have been notified; and
24 2. After removing such minor, the person must remain with the minor in
25 a safe location reasonably close to the vehicle until the local law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11301-01-5
A. 7761 2
1 enforcement agency, fire department or other emergency responder arrives
2 and upon arrival shall immediately deliver the minor to such emergency
3 responder.
4 § 2. This act shall take effect immediately.
