Today's Law As Amended


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AB-2717 Motor vehicles: unattended children: liability.(2019-2020)



As Amends the Law Today
As Amends the Law on Nov 18, 2020


SECTION 1.

 Section 43.102 is added to the Civil Code, to read:

43.102.
 There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing a child in accordance with subdivision (a) or (b) of Section 1799.101 of the Health and Safety Code. For purposes of this section, “child” means a child who is six years of age or younger.

SEC. 2.

 Section 1799.101 is added to the Health and Safety Code, to read:

1799.101.
 (a) (1) A person may take any reasonable steps that are necessary to remove a child from a motor vehicle if the person holds a reasonable belief that the child’s safety is in immediate danger from heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child.
(2) A person who removes a child from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:
(A) Determines the vehicle is locked or there is otherwise no reasonable manner for the child to be removed from the vehicle.
(B) Has a good faith belief that forcible entry into the vehicle is necessary because the child is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
(C) Has contacted a local law enforcement agency, the fire department, or the “911” emergency service prior to forcibly entering the vehicle.
(D) Remains with the child in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer or another emergency responder arrives.
(E) Used no more force to enter the vehicle and remove the child from the vehicle than was necessary under the circumstances.
(F) Immediately turns the child over to a representative from law enforcement or another emergency responder who responds to the scene.
(b) (1) This section does not prevent a peace officer, firefighter, or other emergency responder from removing a child from a motor vehicle if the child’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child.
(2) A peace officer, firefighter, or other emergency responder who removes a child from a motor vehicle, or who takes possession of a child who has been removed from a motor vehicle, shall arrange for the treatment and transport of the child according to the medical control policies of the local EMS agency. The parent of a child removed from a vehicle may be required to pay for charges that may accrue for the care or medical treatment of the child.
(3) A peace officer, firefighter, or other emergency responder may take all steps that are reasonably necessary for the removal of a child from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort is made to locate the owner or other person responsible.
(4) A peace officer, firefighter, or other emergency responder who removes a child from a motor vehicle or who receives a child rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing their name and office and the address of the location where the child will be treated.
(c) For purposes of this section, “child” means a child who is six years of age or younger.