What's happening
This bill grants civil immunity to people who forcibly enter vehicles to rescue unattended children under eight in emergency situations.
Why it matters
Defines clear conditions for immunity. , requiring that the person acts “reasonably and in good faith,” determines the vehicle is locked with no other way to remove the child, and believes the child is in imminent danger—helping ensure immunity is only granted in genuine emergencies.
Limits the scope of permissible actions. , specifying that only the minimum necessary force may be used to enter the vehicle, which helps prevent unnecessary or excessive property damage.
Mandates coordination with emergency services. , requiring that the rescuer contact authorities either before or immediately after entry and remain with the child until officials arrive, promoting child safety and accountability.
Does not cover aid beyond removal. , meaning civil immunity does not extend to any additional medical or other interventions beyond getting the child out of the vehicle, clarifying the law’s boundaries and reducing legal ambiguity.
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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 remove an unattended child under eight in imminent danger, subject to good-faith, reasonable-force and other conditions.
Motor vehicle owners
The bill would limit civil recovery for vehicle damage caused by rescuers who meet its emergency-entry requirements.
Local law enforcement and fire departments
Rescuers would have to contact law enforcement, the fire department or 911 before entry or as soon as reasonably practicable, remain with the child nearby and hand the child to an arriving emergency responder.
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 Assembly Committee · Transportation · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1289
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
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.
LBD06520-01-9
S. 1289 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 vehi- cle
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 legis- lation 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 liabil- ity 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.