What's happening
This bill grants civil immunity to individuals who forcibly enter vehicles to rescue unattended children in imminent danger, under certain conditions.
Why it matters
Encourages bystander intervention in emergencies. The bill lowers the risk of lawsuits for good Samaritans, making people more likely to help if they see a child trapped in a dangerous situation inside a vehicle.
Establishes clear guidelines for legal protection. Immunity is only granted if the person acts reasonably, in good faith, and follows specific steps (such as confirming the vehicle is locked, believing the child is in imminent danger, and not using excessive force).
Requires prompt notification of authorities. To qualify for immunity, rescuers must contact law enforcement, fire, or 911 before or shortly after breaking in and must stay with the child until first responders arrive—helping ensure a coordinated and safe response.
Limits the scope of immunity to emergency entry. The bill does not protect actions taken beyond removing the child from the vehicle, ensuring that legal protection is not overly broad and is tied specifically to the act of rescue.
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Who cares
Headline styles
Protect Good Samaritans Saving Kids
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Child Rescuers From Lawsuits
In Senate Committee · Rules · Sponsor Rich Funke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1238
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ZEBROWSKI, PAULIN -- read once and referred 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 Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 389 to read as follows:
§ 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 reasonable 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 imminent 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 location reasonably close to the vehicle until the local law enforcement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04632-01-7
A. 1238 2
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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.