Amended in Senate August 31, 2015

Amended in Senate August 17, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 797


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert Steinorthbegin insert and Santiagoend insert

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(Principal coauthor: Senator Glazer)

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February 26, 2015


An act to add Section 43.100 to the Civil Code, relating to civilbegin delete liability.end deletebegin insert liability, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 797, as amended, Steinorth. Immunity from civil liability:begin delete enteringend deletebegin insert damaging aend insert motor vehicle: rescuebegin insert or provisionend insert ofbegin delete unattended childend deletebegin insert care for minorend insert or animal.

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Existing

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begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law limits the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified.

This bill would prohibit any civil liability or cause of action against a person for damage to a motor vehicle, if the damage was caused while the person wasbegin delete in good faith taking necessary action to enter the motor vehicle for the purpose ofend delete rescuing or providing care tobegin delete an unattended childend deletebegin insert a minor who,end insert or animalbegin insert that, was located inside the motor vehicleend insert andbegin delete it was reasonable to believe that the health or well-being of the child or animal was endangered due to heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child or animal.end deletebegin insert the person had taken specific steps, including, among others, determining the motor vehicle was locked or there was no reasonable method for the minor or animal to exit the motor vehicle without assistance, and to the extent practicable, contacted a law enforcement agency, fire department, or the emergency 911 telephone number before damaging the motor vehicle.end insert

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(2) This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 43.100 is added to the Civil Code, to
2read:

3

43.100.  

begin insert(a)end insertbegin insertend insert There shall not be any civil liability on the part
4of, and no cause of action shall accrue against, a person for damage
5to a motor vehicle, if the damage was caused while the person was
6begin delete in good faith taking necessary action to enter the motor vehicle
7for the purpose ofend delete
rescuing or providing care tobegin delete an unattended
8childend delete
begin insert a minor who,end insert or animalbegin insert that, was located inside the motor
9vehicleend insert
andbegin delete it was reasonable to believe that the health or
10well-being of the child or animal was endangered due to heat, cold,
11lack of adequate ventilation, or other circumstances that could
12reasonably be expected to cause suffering, disability, or death to
13the child or animal.end delete
begin insert the person had done all of the following:end insert

begin insert

14 (1) Reasonably believed that the health or well-being of the
15minor or animal was endangered due to heat, cold, lack of
16adequate ventilation, or other circumstances that could reasonably
17be expected to cause suffering, disability, or death to the minor or
18animal.

end insert
begin insert

19(2) Determined the motor vehicle was locked or there was no
20reasonable method for the minor or animal to exit the motor vehicle
21without assistance.

end insert
begin insert

22(3) Contacted, to the extent practicable, a law enforcement
23agency, fire department, or the emergency 911 telephone number
24before damaging the motor vehicle.

end insert
begin insert

P3    1(4) Took necessary action, in good faith, to enter the motor
2vehicle for the purpose of rescuing or providing care to the minor
3or animal.

end insert
begin insert

4(5) Remained with the minor or animal in a safe location, either
5inside or outside, but reasonably close to, the motor vehicle, to
6the extent practicable, until a law enforcement officer, fire
7department personnel, or other emergency responder arrived.

end insert
begin insert

8(b) The immunity for civil liability for damage to a motor vehicle
9provided by this section shall not affect a person’s civil liability
10or immunity from civil liability for rendering aid to a minor or
11animal in addition to the aid described by this section.

end insert
12begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
13immediate preservation of the public peace, health, or safety within
14the meaning of Article IV of the Constitution and shall go into
15immediate effect. The facts constituting the necessity are:

end insert
begin insert

16In order to limit civil liability against a person who rescues or
17provides care for a minor or animal reasonably at risk of being
18endangered inside a motor vehicle during the hottest months of
19the year, it is necessary for this act to take effect immediately.

end insert


O

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