ASSEMBLY WOMEN AND CHILDREN COMMITTEE
ASSEMBLY, No. 4079
STATE OF NEW JERSEY
DATED: SEPTEMBER 19, 2016
The Assembly Women and Children Committee reports favorably Assembly Bill No. 4079.
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.