California Assembly Bill AB797 Amended / Bill

 BILL NUMBER: AB 797AMENDED BILL TEXT AMENDED IN SENATE AUGUST 31, 2015 AMENDED IN SENATE AUGUST 17, 2015 AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly  Member   Steinorth   Members   Steinorth   and Santiago   (   Principal coauthor:   Senator   Glazer   )  FEBRUARY 26, 2015 An act to add Section 43.100 to the Civil Code, relating to civil  liability.   liability, and declaring the urgency thereof, to take effect immediately.  LEGISLATIVE COUNSEL'S DIGEST AB 797, as amended, Steinorth. Immunity from civil liability:  entering   damaging a  motor vehicle: rescue  or provision  of  unattended child   care for minor  or animal.  Existing   (1)     Existing  law limits the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified. This bill would prohibit any civil liability or cause of action against a person for damage to a motor vehicle, if the damage was caused while the person was  in good faith taking necessary action to enter the motor vehicle for the purpose of  rescuing or providing care to  an unattended child  a minor who,  or animal  that, was located inside the motor vehicle and  it was reasonable to believe that the health or well-being of the child or animal was endangered due to heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child or animal.   the person had taken specific steps, including, among others, determining the motor vehicle was locked or there was no reasonable method for the minor or animal to exit the motor vehicle without assistance, and to the extent practicable, contacted a law enforcement agency, fire department, or the emergency 911 telephone number before damaging the motor vehicle.   (2) This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 43.100 is added to the Civil Code, to read: 43.100.  (a)    There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for damage to a motor vehicle, if the damage was caused while the person was  in good faith taking necessary action to enter the motor vehicle for the purpose of  rescuing or providing care to  an unattended child   a minor who,  or animal  that, was located inside the motor vehicle  and  it was reasonable to believe that the health or well-being of the child or animal was endangered due to heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child or animal.   the person had done all of the following:   (1) Reasonably believed that the health or well-being of the minor or animal was endangered due to heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the minor or animal.   (2) Determined the motor vehicle was locked or there was no reasonable method for the minor or animal to exit the motor vehicle without assistance.   (3) Contacted, to the extent practicable, a law enforcement agency, fire department, or the emergency 911 telephone number before damaging the motor vehicle.   (4) Took necessary action, in good faith, to enter the motor vehicle for the purpose of rescuing or providing care to the minor or animal.   (5) Remained with the minor or animal in a safe location, either inside or outside, but reasonably close to, the motor vehicle, to the extent practicable, until a law enforcement officer, fire department personnel, or other emergency responder arrived.   (b) The immunity for civil liability for damage to a motor vehicle provided by this section shall not affect a person's civil liability or immunity from civil liability for rendering aid to a minor or animal in addition to the aid described by this section.   SEC. 2.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:   In order to limit civil liability against a person who rescues or provides care for a minor or animal reasonably at risk of being endangered inside a motor vehicle during the hottest months of the year, it is necessary for this act to take effect immediately.