October 15, 2015, Introduced by Senators KNOLLENBERG, HORN and MARLEAU 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 or
animals.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"emergency minor and animal 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 or animal 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 or animal to
exit the vehicle.
(b) The individual has a good-faith belief that forcible entry
into the vehicle is necessary because the minor or animal 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 or animal, and a statement that the
local authorities have been notified.
(e) The individual remains with the minor or animal 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 or animal 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 or
animal in addition to what is authorized by this section.