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
Encourages bystander intervention in life-threatening situations. by removing the fear of being sued for property damage when rescuing young children trapped in hot or dangerous vehicles, potentially saving lives.
Establishes clear conditions for immunity. , requiring that the rescuer act reasonably, use only necessary force, and first attempt to contact emergency services, ensuring that the protection isn’t abused and that children receive prompt professional care.
Limits the scope of legal protection. , applying only to those who follow the outlined steps and do not attempt medical interventions beyond removing the child, which helps prevent misuse and ensures focus remains on immediate rescue.
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Who cares
Bystanders rescuing children
The bill would shield people from civil liability for damage caused by forcibly entering a locked vehicle to rescue an unattended child under eight in imminent danger, subject to good-faith, reasonable-care and other requirements.
Parents and caregivers of children under eight
The bill would require rescuers to remain 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 from qualifying emergency entries, provided rescuers use no more force than reasonably necessary.
Local law enforcement, fire departments and 911 operators
Rescuers would have to contact one of these services before entering the vehicle or as soon as reasonably practicable afterward.
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 Good Samaritans Saving Kids
In Senate Committee · Transportation · Sponsor Rich Funke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3891
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD06520-01-9
A. 3891 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.