Bill Text: MI HB4972 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Torts; civil procedure; immunity from liability for damages of forcible entry into a motor vehicle for purpose of rescuing a minor from vehicle; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-20 - Bill Electronically Reproduced 09/19/2017 [HB4972 Detail]
Download: Michigan-2017-HB4972-Introduced.html
HOUSE BILL No. 4972
September 19, 2017, Introduced by Reps. Green, Hertel, Yanez, Moss, VanderWall, Noble, Kesto, Lucido, Wittenberg, Geiss, Robinson, Cochran, Elder, Yaroch, Rabhi, Ellison, Guerra, Chang, LaFave, Lilly, Liberati, Runestad, Lasinski and Jones and referred to the Committee on Judiciary.
A bill to provide protection from civil liability for
individuals who take certain actions to prevent harm to minors.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"emergency minor rescue act".
Sec. 2. (1) An individual who acts as described in subsection
(2) is immune from civil liability for any damage resulting from
the forcible entry into a motor vehicle for the purpose of removing
a minor from the vehicle.
(2) An individual is immune under subsection (1) if all of the
following apply:
(a) The individual determines that the vehicle is locked and
there is otherwise no reasonable method for the minor to exit the
vehicle.
(b) The individual has a good-faith belief that forcible entry
into the vehicle is necessary because the minor is in imminent
danger of suffering harm if not immediately removed from the
vehicle and, based on the circumstances known to the individual at
the time, the belief is reasonable.
(c) The individual has contacted either the local law
enforcement agency, fire department, or 9-1-1 operator before
forcibly entering the vehicle.
(d) The individual places a notice on the vehicle's windshield
with the individual's contact information, the reason the entry was
made, the location of the minor, and a statement that the local
authorities have been notified.
(e) The individual remains with the minor in a safe location,
out of the elements but reasonably close to the vehicle, until a
law enforcement, fire, or other emergency responder arrives.
(f) The individual does not use any more force to enter the
vehicle and remove the minor from the vehicle than is necessary
under the circumstances.
(3) This section does not affect an individual's civil
liability if the individual attempts to render aid to a minor in
addition to what is authorized by this section.
