184481-1:n:04/11/2017:CMH/tgw LRS2017-1637




HB524
By Representative England
RFD Judiciary
Rd 1 18-APR-17


SYNOPSIS:Under existing law, it is a crime to leave a child in a car under certain circumstances.
 This bill would provide that a person who rescues another person or domestic animal from a vehicle when the person holds a good faith belief that the other person or domestic animal is in imminent danger of suffering bodily harm unless removed from the vehicle is immune from liability for property damage or injury under certain circumstances.

A BILL
TO BE ENTITLED
AN ACT

Relating to civil liability; to provide that a person who rescues another person or domestic animal from a vehicle when the person holds a good faith belief that the other person or domestic animal is in imminent danger of suffering bodily harm unless removed from the vehicle is immune from liability for property damage or injury under certain circumstances.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) In this section, the following words shall have the following meanings:

(1) DOMESTIC ANIMAL. A dog, cat, or other animal that is domesticated and kept as a household pet. The term does not include livestock as defined in Section 3-5-1, Code of Alabama 1975.

(2) VEHICLE. A vehicle, as defined in subdivision (81) of Section 32-1-1.1, Code of Alabama 1975, that is enclosed.

(b) A person is immune from liability for property damage or injury that results from his or her forcible entry into a vehicle if all of the following occur:

(1) The actor knows another person or domestic animal is present in a vehicle and the actor has a good faith belief that the person or domestic animal is in imminent danger of suffering bodily harm unless the person or domestic animal is removed from the vehicle.

(2) The actor determines that the vehicle is locked and that forcible entry is necessary to enable the person or domestic animal to exit or be removed from the vehicle.

(3) The actor contacts law enforcement, emergency medical services, or animal control before the actor forcibly enters the vehicle.

(4) The actor remains with the person or domestic animal until a law enforcement officer, emergency medical service provider, animal control officer, or other first responder arrives at the scene.

(5) The actor uses no more force than he or she reasonably believes necessary to allow the person or domestic animal to exit or be removed from the vehicle.

(c) If the actor leaves the scene before the owner or operator of the vehicle returns to the scene, the actor shall place a notice on the windshield of the vehicle that includes all of the following:

(1) The actor's name.

(2) The actor's telephone number.

(3) The reason the actor entered the vehicle.

(4) The location, if known, of the person or domestic animal when the actor left the scene.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Children
Animals
Motor Vehicles
Civil Immunity