NY State Senate Bill 2015-S240

Senate Bill S240

2015-2016 Legislative Session

Relates to immunity from civil liability for emergency removal of a child from a motor vehicle

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 11, 2015	referred to transportation delivered to assembly passed senate ordered to third reading cal.1475 committee discharged and committed to rules
Jan 07, 2015	referred to transportation

Votes

- Jun 11, 2015 - Floor Vote
  S240
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (60)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      DeFrancisco
      
      excused (2)
      
      Diaz
      
      Libous
  Jun 11, 2015 - Rules Committee Vote
  S240
  
  23
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 11, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      DeFrancisco
      
      aye wr (1)
      
      Perkins

co-Sponsors

2015-S240 (ACTIVE) - Details

See Assembly Version of this Bill:: A8336
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §389, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7930
2017-2018: S4008, A1238
2019-2020: S1289, A3891
2021-2022: A1285
2023-2024: A2778

2015-S240 (ACTIVE) - Summary

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

2015-S240 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S240

 TITLE OF BILL :  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

 PURPOSE :

To eliminate the civil liability for damage resulting from forcible
entry into a vehicle in certain cases.

 SUMMARY OF PROVISIONS :

Section one creates a new section, 389 to the Vehicle and Traffic Law
relating to civil immunity for forcible entry. This section states: a
person shall be immune from civil liability for any damage resulting
from the forcible entry of a motor vehicle for the purpose of removing
a minor from said vehicle if the person determines prior that; the
vehicle is locked and there is otherwise no reasonable method for the
minor to exit the vehicle; has a good faith belief the minor is in
danger or suffering harm if not immediately removed from the vehicle;
has contacted local law enforcement, the fire department or a 911
operator; places a notice on the windshield with their contact
information and reason the entry was made; remains with the minor in a
safe location reasonably close to the vehicle until law enforcement
arrives; used no more force to enter the vehicle and remove the minor

than was necessary. For the purposes of this section a minor is a
child under the age of 8 years old. Section two sets the effective
date.

 JUSTIFICATION :

Each year, parents or caregivers leave children unattended in a
vehicle and the result can be injury or death. Last year, 44 children
across the nation died from vehicular heat stroke; as of July 29,
2014, 16 children have died from vehicular heat stroke. This important
piece of legislation will go a long way to help prevent these
senseless tragedies.

According to SafeKids.org, even on a mild 70 degree day, the
temperature inside of a car can rise 19 degrees in 10 minutes and keep
getting hotter with each passing minute. The temperature can continue
to climb much higher than it is outside, and cracking the windows
doesn't help. In addition, according to KidsandCars.org, children's
body temperatures increase 3-5 times faster than an adult.  Therefore,
immediate attention can make the difference between life and death for
a young child.

This legislation would allow an individual in New York State to
legally break a window or otherwise forcibly enter a parked car
without liability if there is a good faith belief the actions would
help a child under the age of eight years old whom would have
otherwise suffered harm if not immediately removed from the vehicle.

 LEGISLATIVE HISTORY :

S. 7930 (2014) FISCAL

 IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S240 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 389 to read as follows:
  S 389. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY REMOVAL OF A  CHILD
FROM  A MOTOR VEHICLE. 1. ANY PERSON ACTING REASONABLY AND IN GOOD FAITH
SHALL BE IMMUNE FROM 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 CHILD UNDER THE AGE OF
EIGHT  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 CHILD 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 CHILD IS IN IMMI-
NENT DANGER OF SUFFERING HARM WHICH REQUIRES IMMEDIATE  ACTION  BY  SUCH
PERSON  TO  REMOVE THE CHILD FROM THE MOTOR VEHICLE AND SUCH PERSON USED
NO MORE FORCE THAN WAS REASONABLE AND NECESSARY UNDER THE  CIRCUMSTANCES
TO ENTER THE VEHICLE AND REMOVE THE CHILD.
  2.  ANY  PERSON  ACTING  REASONABLY AND IN GOOD FAITH PURSUANT TO THIS
SECTION SHALL CONTACT EITHER THE LOCAL LAW ENFORCEMENT AGENCY, THE  FIRE
DEPARTMENT  OR  THE 911 OPERATOR PRIOR TO SUCH FORCIBLE ENTRY OR AS SOON
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

LOCATION REASONABLY CLOSE TO THE VEHICLE UNTIL THE LOCAL LAW ENFORCEMENT
AGENCY,  FIRE  DEPARTMENT  OR OTHER EMERGENCY RESPONDER ARRIVES AND UPON
ARRIVAL SHALL IMMEDIATELY DELIVER THE CHILD TO SUCH EMERGENCY RESPONDER.
  3. THIS SECTION SHALL NOT APPLY TO ATTEMPTS TO RENDER AID TO THE CHILD
BEYOND WHAT IS AUTHORIZED BY THIS SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S240

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Sponsored By

Jack M. Martins