Provides immunity from civil and criminal liability for rescue of animal from motor vehicle under inhumane conditions.
Impact
If enacted, A3637 is expected to influence both statutory and case law related to animal cruelty and negligence claims. The bill complements existing New Jersey animal cruelty laws by specifying circumstances under which rescue actions are protected from legal repercussions. In effect, this encourages bystanders to take immediate action without the apprehension of facing lawsuits, thereby potentially reducing the number of animals harmed in dangerous situations due to human inaction.
Summary
Assembly Bill A3637 aims to provide legal immunity to individuals who rescue domestic companion animals from unattended vehicles under inhumane conditions. Specifically, the bill grants immunity from civil and criminal liability for any property damage or injury caused while rescuing an animal believed to be in immediate danger of bodily injury or death. This measure seeks to encourage compassionate actions toward animals suffering in extreme conditions, such as heat or cold, by removing the fear of litigation for those who intervene in such emergencies.
Contention
Throughout discussions surrounding A3637, there may be points of contention concerning the definition of 'inhumane conditions' and the degree of emergency cited as justification for breaking into a vehicle. Concerns may arise about balancing the need for animal protection with potential abuse of the rescue law, where someone might improperly justify their actions under the pretense of rescuing an animal. Additionally, the implementation of the bill raises questions about training and guidelines for individuals to follow before intervening, which could influence the effectiveness and appropriateness of these rescues.
Animals, motor vehicles, persons prohibited from leaving unattended domestic animal in motor vehicle, civil and criminal immunity for rescuers, Secs. 13A-11-241.1, 13A-11-241.2, 13A-11-241.3 added; Secs. 13A-11-240 to 13A-11-246, inclusive, am'd.
Relating to civil liability for removing certain individuals or animals from a motor vehicle and criminal liability for removing certain animals from a motor vehicle.
Exempts law enforcement and certain other emergency personnel from liability for breaking into motor vehicle to rescue animal under certain circumstances.