Bill Text: NJ A3600 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes immunity from civil liability and criminal prosecution to persons who forcibly enter motor vehicle to remove child in danger.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-09-11 - Introduced, Referred to Assembly Women and Children Committee [A3600 Detail]
Download: New_Jersey-2014-A3600-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Establishes immunity from civil liability and criminal prosecution to persons who forcibly enter motor vehicle to remove child in danger.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunity from civil liability and criminal prosecution and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this act,
"Emergency services provider" means a local law enforcement agency; emergency medical services unit; fire department or force; emergency communications provider; volunteer fire department; duly incorporated fire or first aid company; volunteer emergency, ambulance, or rescue squad association; or organization or company which provides emergency services.
"First responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of an emergency situation for the purpose of providing medical care or other assistance.
b. Any person who, in good faith, forcibly enters a motor vehicle for the purpose of removing a minor from that motor vehicle shall not be civilly liable or charged with a crime or offense for any damage to the motor vehicle resulting from the forcible entry.
c. A person who forcibly enters a motor vehicle pursuant to subsection b. of this section shall not be granted immunity from civil liability or criminal prosecution unless that person:
(1) believes in good faith based upon the circumstances known to the person entering the vehicle that the minor is in imminent danger and entry into the vehicle is necessary;
(2) determines the vehicle is locked and that there is no other reasonable method for the minor to exit the vehicle;
(3) has contacted an emergency services provider for assistance prior to forcibly entering the motor vehicle;
(4) places a notice on the windshield of the motor vehicle informing the owner of the motor vehicle of the person's contact information, the reason the entry was made, the location of the minor, and that an emergency services provider has been contacted;
(5) uses no more force than is necessary under the circumstances to enter the vehicle and remove the minor from the vehicle; and
(6) remains with the minor in a safe location, in close proximity to the motor vehicle, until a first responder arrives at the motor vehicle's location.
2. This act shall take effect immediately.
STATEMENT
This bill grants immunity from civil liability and criminal prosecution to any person who damages a motor vehicle by forcibly entering the vehicle for the purpose of removing a minor in imminent danger. In order to be accorded immunity under the bill, the person entering the vehicle must believe in good faith that forcible entry into the vehicle is necessary because the minor is in imminent danger. The person also is required to determine that the vehicle is locked and there is no other reasonable method for the minor to exit the vehicle.
The bill further requires that the person contact an emergency services provider for assistance prior to forcibly entering the motor vehicle and place a notice on the windshield of the vehicle after entering the vehicle. The notice is to inform the owner of the motor vehicle of the person's contact information, the reason the entry was made, the location of the minor, and that an emergency services provider has been contacted.
Finally, a person who forcibly enters the motor vehicle is required to remain with the minor in a safe location, in close proximity to the motor vehicle, until a first responder arrives at the motor vehicle's location.
This bill is modeled on legislation enacted in Tennessee in response to numerous incidents throughout the country of children dying from heatstroke after being left in parked cars.
