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S4008Senate2017-2018 SessionSame asA1238

Protect Child Rescuers From Lawsuits

Official title

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

Sponsor Rich FunkeSD-55+4 co-sponsorsAffects Transportation
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill grants civil immunity to individuals who forcibly enter vehicles to rescue unattended children under eight in emergencies.

Why it matters

  1. Encourages bystander intervention. By granting civil immunity, the bill aims to encourage people to act quickly to rescue young children in life-threatening situations without fearing lawsuits over property damage.

  2. Limits protection to reasonable actions. Immunity is only provided if the rescuer acts reasonably and in good faith, uses no more force than necessary, and genuinely believes the child is in imminent danger, preventing reckless or unnecessary vehicle entry.

  3. Requires emergency notification and care. The law mandates that rescuers contact emergency services before or immediately after entry and remain with the child until authorities arrive, ensuring the child’s safety and proper follow-up.

  4. Focuses legal change on specific emergencies. The immunity does not extend to any actions beyond removing the child from the vehicle, preventing misuse of the protection for unrelated conduct.

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Who cares

  • Bystanders rescuing children

    The bill would shield people from civil liability for damage from forcibly entering a vehicle to rescue an unattended child under eight, subject to requirements including imminent danger, no reasonable alternative and no more force than necessary.

  • Parents and caregivers of children under eight

    Rescuers would have to stay with the child in a safe location reasonably close to the vehicle until an emergency responder arrives and then immediately hand over the child.

  • Vehicle owners

    The bill would limit civil liability for damage caused by qualifying emergency entries into their vehicles.

  • Local law enforcement, fire departments and 911 operators

    Rescuers would have to contact one of them before forcibly entering a vehicle or as soon as reasonably practicable.

Headline styles

Protect Child Rescuers From Lawsuits

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.209
  5. Referred to transportation
  6. 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.

A1238Assembly

Protect Good Samaritans Saving Kids

In Assembly Committee · Transportation · Sponsor Kenneth Zebrowski

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4008

2017-2018 Regular Sessions

IN SENATE

February 1, 2017

Introduced by Sen. FUNKE -- 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 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

S. 4008 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.

Sponsor's memo

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.

Existing law

Click here

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.240 of 2015-16; Passed Senate S.7930 of 2014; Referred to Rules

Fiscal implications

None. EFFECTIVE DATE : This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.