A07761 Summary:

COSPNSRCurran, Raia, Tedisco, Palumbo
MLTSPNSRCrouch, Kearns, McDonough
Add Art 12 S389, V & T L
Relates to removing an unsupervised or unattended minor from a motor vehicle.
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A07761 Actions:

05/26/2015referred to transportation
01/06/2016referred to transportation
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A07761 Text:

                STATE OF NEW YORK
                               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.

        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.
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