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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2385 By: Sterling of the House
and
Jett of the Senate
AS INTRODUCED
An Act relating to motor vehicles; providing civil
immunity for removing animal from motor vehicle using
forcible entry; listing compliance requirements to
receive immunity; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1121 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A law enforcement officer and the officer's employing agency or
department shall be immune from civil liability for any damage
resulting from the forcible entry into a motor vehicle for the
purpose of removing an animal from the motor vehi cle if the officer:
1. Determines the motor vehicle is locked or there is otherwise
no reasonable method for the animal to exit the motor vehicle;
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2. Has reasonable cause to believe that forcible entry into the
motor vehicle is necessary because the animal is in imminent danger
of suffering harm if not immediately removed from the motor ve hicle
and, based upon the circumstances known to the officer at the time,
the belief is a reasonable one;
3. Places a notice on the motor vehicle windshield with the
officer's contact information, the reason the entry was made and the
location of the anim al;
4. Sends the animal to an animal shelter or remains with the
animal in a safe location, out of the elements but reasonably close
to the motor vehicle; and
5. Uses no more force to enter the motor vehicle and remove the
animal from the motor vehicle t han is necessary under the
circumstances.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/23/2021 -
DO PASS, As Coauthored.