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

1 Co-sponsor

• Kathleen A. Marchione

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.