Bill Text: MS HB187 | 2015 | Regular Session | Introduced
Bill Title: "The Mississippi Children's Motor Vehicle Rescue Act"; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB187 Detail]
Download: Mississippi-2015-HB187-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary A
By: Representative Mims
House Bill 187
AN ACT TO CREATE "THE MISSISSIPPI CHILDREN'S MOTOR VEHICLE RESCUE ACT"; TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR ANY PERSON WHO FORCIBLY ENTERS A MOTOR VEHICLE TO REMOVE A MINOR FROM SUCH VEHICLE; TO PROVIDE THE REQUIREMENTS NECESSARY TO RECEIVE CIVIL IMMUNITY UNDER THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and cited as "The Mississippi Children's Motor Vehicle Rescue Act."
SECTION 2. (1) A person shall be 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 if the person:
(a) Determines the vehicle is locked or there is otherwise no reasonable method for the minor to exit the vehicle;
(b) 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 upon the circumstances known to the person at the time, the belief is a reasonable one;
(c) Has contacted either the local law enforcement agency, the fire department or the 911 operator prior to forcibly entering the vehicle;
(d) Places a notice on the vehicle's windshield with the person's contact information, the reason the entry was made, the location of the minor and that the authorities have been notified;
(e) Remains with the minor in a safe location, out of the elements but reasonably close to the vehicle until law enforcement, fire or other emergency responder arrives; and
(f) Used no more force to enter the vehicle and remove the child from the vehicle than is necessary under the circumstances.
(2) Nothing in this section shall affect the person's civil liability if the person attempts to render aid to the minor in addition to what is authorized by this section and by Section 73-25-37.
SECTION 3. This act shall take effect and be in force from and after July 1, 2015.
