[§291C-121.5]  Leaving a child unattended ina motor vehicle.  (a)  Notwithstanding chapter 571 or any other law to thecontrary, a person violates this section if the person, being the operator oran adult passenger of a motor vehicle, leaves the motor vehicle for fiveminutes or longer when an unattended child is inside the vehicle, regardless ofwhether the operator or adult passenger is charged with the care or custody ofthe child.

(b)  Any law enforcement officer, firefighter,or rescue team personnel who observes a child left unattended in a motorvehicle and determines that the unattended child is in physical danger, orposes a danger to others, may use whatever means are reasonably necessary toprotect the child or others and remove the child from the motor vehicle.  Ifthe person who left the motor vehicle with an unattended child inside cannot belocated within a reasonable time, the law enforcement officer, firefighter, orrescue team personnel, upon removing the child from the motor vehicle, shallimmediately report the matter to a police officer, as defined under section587-2, who may assume protective custody of the child without a court order andwithout the consent of the child's family.

(c)  Law enforcement officers, firefighters,and rescue team personnel shall not be liable in any civil action to any partyfor any act performed in good faith under this section.

(d)  As used in this section:

"Child" means a person under the ageof nine.

"Rescue team personnel" meansphysicians, basic life support personnel, advanced life support personnel,surgeons, nurses, volunteers, or employees of the owners or operators of ahospital or authorized emergency vehicle who have been trained in basic oradvanced life support and have been charged by the owners or operators of thehospital or authorized emergency vehicle with providing life support andresuscitation to persons who are in immediate danger of loss of life in casesof emergency.

"Unattended" means leaving a child:

(1)  Alone in a motor vehicle; or

(2)  In a motor vehicle with a minor under the age oftwelve. [L 2008, c 170, §2]