Bill Text: NJ A1857 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides civil immunity to persons who forcibly enter motor vehicles to remove unattended and unsupervised children.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Failed) 2018-03-26 - Withdrawn from Consideration [A1857 Detail]
Download: New_Jersey-2018-A1857-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblyman Conaway
SYNOPSIS
Provides civil immunity to persons who forcibly enter motor vehicles to remove unattended and unsupervised children.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning persons who forcibly enter motor vehicles supplementing Title 2A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provisions of law to the contrary, a person shall not be liable for any damages arising out of and in the course of forcibly entering a motor vehicle for the purpose of removing a child left unattended and unsupervised in the vehicle. The immunity granted pursuant to this subsection shall not apply to any person causing damage to a motor vehicle as a result of recklessness or willful misconduct.
b. The provisions of subsection a. of this section shall apply if the person:
(1) determines that the motor vehicle is locked or there is no reasonable method to remove a child from the vehicle;
(2) has a reasonable good faith belief that forcible entry into the motor vehicle is necessary because the child is in imminent danger of death or serious bodily injury if not immediately removed from the vehicle;
(3) contacts the local law enforcement agency, the fire department, emergency medical services personnel, or 9-1-1 emergency telephone service for assistance prior to forcibly entering the motor vehicle for purposes of removing the child;
(4) places written notification on the motor vehicle's windshield with the person's contact information, reason why entry into the vehicle was made, the location of the child, and that law enforcement, the fire department, emergency medical services personnel, or 9-1-1 emergency telephone service has been contacted;
(5) remains with the child in a safe location reasonably close to the motor vehicle until local law enforcement, the fire department, or emergency medical personnel arrives;
(6) uses no more force than is necessary to enter and remove the child from the motor vehicle; and
(7) attempts to render aid to the child in addition to the assistance authorized pursuant to this act.
2. This act shall take effect immediately.
STATEMENT
This bill stipulates that a person would not be held liable for any damages arising out of and in the course of forcibly entering a motor vehicle for the purpose of removing a child left unattended and unsupervised in the vehicle. The immunity granted pursuant to the bill would not apply to any person causing damage to a motor vehicle as a result of recklessness or willful misconduct.
Specifically, a person could not be liable for any damages resulting from forcibly entering a motor vehicle and removing an unattended and unsupervised child from the vehicle if the person: determines that the motor vehicle is locked or there is no other reasonable method to remove the child from the vehicle; has a reasonable good faith belief that forcible entry into the vehicle is necessary because the child is in imminent danger of death or serious bodily injury if not immediately removed from the vehicle; contacts the local law enforcement agency or the fire department, emergency medical services personnel, or 9-1-1 emergency telephone service for assistance prior to entering and removing the child from the vehicle; places written notification on the motor vehicle's windshield with the person's contact information, reason why entry into the vehicle was made, the location of the child, and that law enforcement, the fire department, emergency medical personnel, or 9-1-1 has been contacted; remains with the child in a safe location reasonably close to the vehicle until local law enforcement, the fire department, or emergency medical personnel arrives; uses no more force than is necessary to enter and remove the child from the vehicle; and attempts to render aid to the child in addition to the assistance authorized in the bill.
