Bill Text: CT HB05365 | 2016 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Legal Protections For Persons Entering Cars To Render Emergency Assistance To Children.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-05-04 - Senate Calendar Number 609 [HB05365 Detail]

Download: Connecticut-2016-HB05365-Comm_Sub.html

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General Assembly		Raised Bill No. 5365
February Session, 2016		LCO No. 1624
		*_____HB05365JUD___031716____*
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 have an affirmative defense against any civil damages or criminal penalties resulting from the acts or omissions by such person in removing the child from the vehicle, if such person:

(1) Has a reasonable belief, at the time such person enters the vehicle, that such entry is necessary to remove the child from imminent danger of serious bodily injury;

(2) Uses no more force than reasonably necessary under the circumstances to enter the vehicle to remove the child from imminent danger of serious bodily injury based upon the circumstances known by such person at the time;

(3) Reports the entry and the circumstances surrounding such entry to a law enforcement agency or public safety agency within a reasonable period of time after entering the vehicle; and

(4) Takes reasonable steps to ensure the safety, health and well-being of the child after removing the child from the vehicle.

(b) The affirmative defense provided in subsection (a) of this section shall 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 aid that is authorized under this section.

(d) The provisions of this section are not exclusive, and the affirmative defense shall be in addition to any other defenses or immunities provided by state or federal law or which are available under common law.

This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	New section

JUD

Joint Favorable