New Jersey Assembly Bill A373

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Immunizes from civil liability first responders who forcibly enter property to provide emergency assistance.

Impact

Should this bill pass, it would significantly alter the legal landscape surrounding emergency responses by public safety personnel in New Jersey. By eliminating the possibility of civil suits against first responders acting in good faith, the bill intends to encourage quicker and potentially life-saving actions during emergencies. Furthermore, the bill clarifies that the immunity granted will apply specifically when no response is given by the occupants of the property, thereby limiting the parameters of liability based on occupant acknowledgment. This could foster a more proactive approach among first responders during critical interventions.

Summary

A373 is an act that aims to provide immunity from civil liability for first responders who are compelled to forcibly enter a property in order to provide emergency assistance. This legislation targets police officers, firefighters, and emergency medical personnel, ensuring they are protected from legal repercussions when making decisions to enter a home, business, or other structure to prevent imminent bodily harm or to deliver necessary medical care. The bill is structured around the premise that first responders should be able to act swiftly without the fear of litigation that could discourage their timely interventions.

Contention

Despite its intentions, the bill raises several points of contention. Critics argue that providing broad immunity could lead to potential misuse by first responders, resulting in unnecessary force being employed in situations that do not require forcible entry. Concerns have also been raised regarding the definition of 'good faith belief' and how this standard will be assessed in practice. The opposition fears that this might lead to instances where constitutional rights regarding property and privacy are overlooked in the name of expediency during emergencies.