S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7761

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Article 12 of the vehicle and traffic  law  is  amended  by
adding a new section 389 to read as follows:
  S 389. REMOVING AN UNSUPERVISED OR UNATTENDED MINOR FROM A MOTOR VEHI-
CLE.  1.  ANY PERSON ACTING REASONABLY AND IN GOOD FAITH SHALL BE IMMUNE
FROM BOTH CRIMINAL AND 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 MINOR 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 MINOR 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 MINOR IS IN IMMI-
NENT DANGER OF SUFFERING HARM WHICH REQUIRES IMMEDIATE  ACTION  BY  SUCH
PERSON TO REMOVE THE MINOR FROM THE MOTOR VEHICLE; AND
  (C)  USED  NO  MORE  FORCE THAN WAS REASONABLE AND NECESSARY UNDER THE
CIRCUMSTANCES TO ENTER THE VEHICLE AND REMOVE THE MINOR; AND
  (D) CONTACTED EITHER  THE  LOCAL  LAW  ENFORCEMENT  AGENCY,  THE  FIRE
DEPARTMENT OR THE 911 OPERATOR; AND
  (E)  PLACED A NOTICE ON THE MOTOR VEHICLE WINDSHIELD WITH THE PERSON'S
CONTACT INFORMATION, THE REASON ENTRY WAS MADE, AND THE LOCATION OF  THE
MINOR, AND THAT THE AUTHORITIES HAVE BEEN NOTIFIED; AND
  2. AFTER REMOVING SUCH MINOR, THE PERSON MUST REMAIN WITH THE MINOR IN
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

ENFORCEMENT AGENCY, FIRE DEPARTMENT OR OTHER EMERGENCY RESPONDER ARRIVES
AND UPON ARRIVAL SHALL IMMEDIATELY DELIVER THE MINOR TO  SUCH  EMERGENCY
RESPONDER.
  S 2. This act shall take effect immediately.