SENATE BUDGET AND APPROPRIATIONS COMMITTEE
ASSEMBLY, No. 4079
with committee amendments
STATE OF NEW JERSEY
DATED: January 5, 2018
The Senate Budget and Appropriations Committee reports favorably Assembly Bill No. 4079, with committee amendments.
As amended, this bill provides that a person is not to be held liable for any property 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 by the bill does not apply to any person causing damage to a motor vehicle as a result of recklessness or willful misconduct.
Under the bill, a person could not be liable for any property 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 by the bill.
The amendments clarify that the bill’s immunity from liability is limited to damages to property arising out of and in the course of forcibly entering a motor vehicle to remove an unattended and unsupervised child.
This bill has not been certified as requiring a Fiscal Note.