Amended in Senate May 23, 2016

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 Bill No. 797

Introduced by Assembly Members Steinorth and Santiago

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(Principal coauthor: Assembly Member Quirk)

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(Principal coauthor: Senator Glazer)

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(Coauthors: Assembly Members Brown, Campos, Chang, Chávez, Chiu, Cristina Garcia, Eduardo Garcia, Lackey, Maienschein, McCarty, and Waldron)

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(Coauthors: Senators Anderson and Pavley)

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February 26, 2015

An act to add Section 43.100 to the Civil Code, begin delete relating to civil liability, and declaring the urgency thereof, to take effect immediately. end delete begin insert and to amend Section 597.7 of the Penal Code, relating to trespass. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 797, as amended, Steinorth. begin delete Immunity from civil liability: damaging a motor vehicle: rescue or provision of care for minor or animal. end delete begin insert Motor vehicles: rescue or provision of care for animal: civil and criminal liability. end insert

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Existing law authorizes a peace officer, humane officer, or animal control officer to take all steps reasonably necessary to remove an animal from a motor vehicle because the animal’s safety appears to be in immediate danger of specified harm. Existing law requires those persons who remove an animal from a vehicle to take the animal to an animal shelter or other place of safekeeping or, if deemed necessary, to a veterinary hospital for treatment, and to leave a notice in the vehicle that notifies the owner of, among other things, the location where the animal may be claimed. Existing law authorizes the owner to claim the animal only after paying all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.

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This bill would expand the authorization and requirements applicable to a peace officer, humane officer, or animal control officer described above to include a fire fighter or other emergency responder. The bill would additionally provide that a person may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal removed from the vehicle. The bill would require a person who removes an animal from a vehicle under the circumstances described above to immediately turn the animal over to a representative from law enforcement, animal control, or other emergency responder who responds to the scene and would exempt the person from criminal liability for removal of the animal from a vehicle if the person satisfies specified conditions. The bill would exempt a person from civil liability for property damage or trespass to a motor vehicle if the property damage or trespass occurred while the person was rescuing an animal pursuant to these provisions.

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(1) Existing 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.

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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 was rescuing or providing care to a minor who, or animal that, was located inside the motor vehicle and 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.

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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 delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 43.100 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

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begin insert 43.100. end insert   

(a) There shall not be any civil liability on the part
of, and no cause of action shall accrue against, a person, including
a peace officer, fire fighter, humane officer, animal control officer,
or other emergency responder, for property damage or trespass
to a motor vehicle, if the damage was caused while the person was
rescuing an animal pursuant to subdivision (b) or (d) of Section
597.7 of the Penal Code.

(b) The immunity from civil liability for property damage or
trespass to a motor vehicle established by this section does not
affect a person’s civil liability or immunity from civil liability for
rendering aid to an animal pursuant to Section 597.7 of the Penal
Code.

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begin insert SEC. 2. end insert   

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begin insert Section 597.7 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

597.7.  

(a)  begin delete No end delete begin insert A end insert person shall begin insert not end insert leave or confine an animal in
any unattended motor vehicle under conditions that endanger the
health or well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or
death to the animal.

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(b) (1) This section does not prevent a person from taking all
steps that are reasonably necessary to remove an animal from a
motor vehicle if the animal’s safety appears to be in immediate
danger from heat, cold, lack of adequate ventilation, lack of food
or water, or other circumstances that could reasonably be expected
to cause suffering, disability, or death to the animal.

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(2) If a person described in paragraph (1) removes the animal
from a vehicle he or she shall immediately turn the animal over
to a representative from law enforcement, animal control, or
another emergency responder who responds to the scene.

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(3) (A) A person acting under this subdivision, and in
accordance with subparagraph (B), is not criminally liable for
actions taken reasonably and in good faith in acting in accordance
with this subdivision.

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(B) Subparagraph (A) applies if the person does all of the
following:

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(1) Determines the vehicle is locked or there is otherwise no
reasonable manner for the animal to be removed from the vehicle.

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(2) Has a good faith belief that forcible entry into the vehicle
is necessary because the animal is in imminent danger of suffering
harm if it is not immediately removed from the vehicle, and, based
upon the circumstances known to the person at the time, the belief
is a reasonable one.

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(3) Has contacted a local law enforcement agency, the fire
department, animal control, or the “911” emergency service prior
to forcibly entering the vehicle.

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(4) Remains with the animal in a safe location, out of the
elements but reasonably close to the vehicle, until a peace officer,
humane officer, animal control officer, or another emergency
responder arrives.

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(5) Used no more force to enter the vehicle and remove the
animal from the vehicle than was necessary under the
circumstances.

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(b)

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begin insert (c) end insert  Unless the animal suffers great bodily injury, a first
conviction for violation of this section is punishable by a fine not
exceeding one hundred dollars ($100) per animal. If the animal
suffers great bodily injury, a violation of this section is punishable
by a fine not exceeding five hundred dollars ($500), imprisonment
in a county jail not exceeding six months, or by both a fine and
imprisonment. Any subsequent violation of this section, regardless
of injury to the animal, is also punishable by a fine not exceeding
five hundred dollars ($500), imprisonment in a county jail not
exceeding six months, or by both a fine and imprisonment.

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(c)

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begin insert (d) end insert  (1)  begin delete Nothing in this section shall end delete begin insert This section does not end insert
prevent a peace officer, begin insert fire fighter, end insert humane officer, begin delete or an animal
control officer end delete begin insert animal control officer, or other emergency
responder end insert from removing an animal from a motor vehicle if the
animal’s safety appears to be in immediate danger from heat, cold,
lack of adequate ventilation, lack of food or water, or other
circumstances that could reasonably be expected to cause suffering,
disability, or death to the animal.

(2) A peace officer, begin insert fire fighter, end insert humane officer, begin delete or animal
control officer who end delete begin insert animal control officer, or other emergency
responder who end insert removes an animal from a motor begin delete vehicle end delete begin insert vehicle,
or who takes possession of an animal that has been removed from
a motor vehicle, end insert shall take it to an animal shelter or other place of
safekeeping or, if the officer deems necessary, to a veterinary
hospital for treatment. begin insert end insert begin insert The owner of the animal removed from the
vehicle may be required to pay for charges that have accrued for
the maintenance, care, medical treatment, or impoundment of the
animal. end insert

(3) A peace officer, begin insert fire fighter, end insert humane officer, begin delete or animal
control officer end delete begin insert animal control officer, or other emergency
responder end insert is authorized to take all steps that are reasonably
necessary for the removal of an animal from a motor vehicle,
including, but not limited to, breaking into the motor vehicle, after
a reasonable effort to locate the owner or other person responsible.

(4) A peace officer, begin insert fire fighter, end insert humane officer, begin delete or animal
control officer end delete begin insert animal control officer, or other emergency
responder end insert who removes an animal from a motor vehicle shall, in
a secure and conspicuous location on or within the motor vehicle,
leave written notice bearing his or her name and office, and the
address of the location where the animal can be claimed. The
animal may be claimed by the owner only after payment of all
charges that have accrued for the maintenance, care, medical
treatment, or impoundment of the animal.

(5) This section does not affect in any way existing liabilities
or immunities in current law, or create any new immunities or
liabilities.

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(d)

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begin insert (e) end insert  Nothing in this section shall preclude prosecution under both
this section and Section 597 or any other provision of law,
including city or county ordinances.

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(e)

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begin insert (f) end insert  Nothing in this section shall be deemed to prohibit the
transportation of horses, cattle, pigs, sheep, poultry or other
agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.

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SECTION 1.  

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

43.100.  

(a) There shall not be any civil liability on the part of,
and no cause of action shall accrue against, a person for damage
to a motor vehicle, if the damage was caused while the person was
rescuing or providing care to a minor who, or animal that, was
located inside the motor vehicle and the person had done all of the
following:

(1) Reasonably believed that the health or well-being of the
minor 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 minor or
animal.

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

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

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

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

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

SEC. 2.  

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

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

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