General Assembly Raised Bill No. 6963
January Session, 2015 LCO No. 4580
*04580_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6963
January Session, 2015
LCO No. 4580
*04580_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING LEGAL PROTECTIONS FOR PERSONS ENTERING CARS TO RENDER EMERGENCY ASSISTANCE TO CHILDREN.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, a person who enters the vehicle of another, including entry by force, to remove a child from the vehicle shall not be liable to the owner of the vehicle for civil damages or subject to criminal prosecution resulting from acts or omissions by such person in removing the child from the vehicle, if such person:
(1) Maintains a good faith belief that entry into the vehicle is necessary to remove the child from imminent danger;
(2) Contacts the local law enforcement agency, fire department or other appropriate emergency service prior to entering the vehicle;
(3) Places a written notice on the windshield of the vehicle stating (A) the name, telephone number and address of the person entering the vehicle, (B) the reason the vehicle was entered, (C) the current location of the child, if such child was removed from the vehicle, and (D) that the local law enforcement agency, fire department or other appropriate emergency service has been contacted regarding the entry of the vehicle;
(4) Remains with the child in a safe location in reasonable proximity to the vehicle, if such child was removed from the vehicle, until the local law enforcement agency, fire department or other appropriate emergency service arrives; and
(5) Uses no more force than necessary under the circumstances to enter the vehicle to remove the child from imminent danger based upon the circumstances known by such person at the time.
(b) The immunity provided in subsection (a) of this section does not apply to acts or omissions constituting gross, wilful or wanton negligence.
(c) Nothing in this section shall affect a person's civil liability if the person attempts to render aid to the child in addition to the acts authorized under this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
Statement of Purpose:
To provide legal protections to an individual who enters the vehicle of another to rescue a child that he or she believes is in imminent danger.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]