New York A 4643: Relates to removing an unsupervised or unattended minor from a motor vehicle

Bill Text

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A04643 Summary:

BILL NOA04643 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORMorinello

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 12 §389, V & T L

&nbsp

Relates to removing an unsupervised or unattended minor from a motor vehicle.

Go to top A04643 Actions:

BILL NOA04643 

&nbsp

02/04/2025referred to transportation

05/28/2025held for consideration in transportation

01/07/2026referred to transportation

Go to topA04643 Committee&nbspVotes:

Committee:TRANSPORTATION Chair:Magnarelli 
DATE:05/28/2025AYE/NAY:16/7 Action: Held for Consideration MagnarelliAyeMillerNay

LupardoAyeMcDonoughExcused

SimonAyeDeStefanoNay

WilliamsExcusedDursoNay

McMahonAyeGiglioNay

GallagherAyeSlaterNay

MitaynesAyeBendettNay

De Los SantosAyeChludzinskiNay

CunninghamAye

AlvarezAye

ShresthaAye

ShimskyAye

EachusAye

BurroughsAbsent

WrightAye

ValdezAye

RomeroAye

HooksAye

Go to topA04643 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04643 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4643

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. MORINELLO -- read once and referred to the
 Committee on Transportation

 AN ACT to amend the vehicle and traffic law, in relation to removing an
 unsupervised or unattended minor from a motor vehicle

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 12 of the vehicle and traffic law is amended by
 2 adding a new section 389 to read as follows:
 3 § 389. Removing an unsupervised or unattended minor from a motor vehi-
 4 cle. 1. Any person acting reasonably and in good faith shall be immune
 5 from both criminal and civil liability for any damage resulting from the
 6 emergency measure of forcibly entering a motor vehicle, as such term is
 7 defined in section one hundred twenty-five of this chapter, for the
 8 purpose of removing an unsupervised or unattended minor if the person,
 9 without negligence on their part and prior to such forcible entry:
 10 (a) determines the vehicle is locked and there is otherwise no reason-
 11 able method for the minor to be removed from the motor vehicle; and
 12 (b) has a good faith reasonable belief based upon the circumstances
 13 known to the person at the time that the emergency measure of forcible
 14 entry into the motor vehicle is necessary because the minor is in immi-
 15 nent danger of suffering harm which requires immediate action by such
 16 person to remove the minor from the motor vehicle; and
 17 (c) used no more force than was reasonable and necessary under the
 18 circumstances to enter the vehicle and remove the minor; and
 19 (d) contacted either the local law enforcement agency, the fire
 20 department or the 911 operator; and
 21 (e) placed a notice on the motor vehicle windshield with the person's
 22 contact information, the reason entry was made, and the location of the
 23 minor, and that the authorities have been notified; and
 24 2. After removing such minor, the person must remain with the minor in
 25 a safe location reasonably close to the vehicle until the local law

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01229-01-5

 A. 4643 2

 1 enforcement agency, fire department or other emergency responder arrives
 2 and upon arrival shall immediately deliver the minor to such emergency
 3 responder.
 4 § 2. This act shall take effect immediately.

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