ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 306

with committee amendments

STATE OF NEW JERSEY

DATED:  FEBRUARY 13, 2020

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 306.

     This bill provides compensated and volunteer public and private first responders, including emergency medical services personnel, law enforcement officers, and firefighters, with immunity from civil liability for any damages that may result from a forcible entry into a home, business, or other structure at which an emergency is reported.  This immunity applies only where the first responder’s decision is based upon a good faith belief that forcible entry is necessary to provide emergency medical care or to prevent imminent bodily harm and where no occupant of the property responds to the first responder’s requests for entry within a reasonable period of time.

     The committee amended the bill to add this same immunity for police officers appointed by the governing body of an independent institution of higher education pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2).

      This bill was pre-filed for introduction in the 2020-2021 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      1.   Add a new section 9 to the bill to provide that a police officer duly appointed by the governing body of an independent institution of higher education pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) shall have immunity from any civil damages resulting from a forcible entry into a home, business, or other structure at which an emergency is reported if based upon a good faith belief that such entry is necessary to provide emergency medical care or to prevent imminent bodily harm and if no occupant of the property responds to requests for entry within a reasonable period of time.

      2.   Renumber the original section 9 of the bill as section 10.