as amended, Steinorth.
begin deleteImmunity from civil liability: damaging a motor vehicle: rescue or provision of care for minor or animal. end delete
(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.end delete
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.end delete
(2) This bill would declare that it is to take effect immediately as an urgency statute.end delete
begin delete2⁄3 end delete.
Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin deleteNo end deleteperson shall leave or confine an animal in
16any unattended motor vehicle under conditions that endanger the
17health or well-being of an animal due to heat, cold, lack of adequate
18ventilation, or lack of food or water, or other circumstances that
19could reasonably be expected to cause suffering, disability, or
20death to the animal.
17 Unless the animal suffers great bodily injury, a first
18conviction for violation of this section is punishable by a fine not
19exceeding one hundred dollars ($100) per animal. If the animal
20suffers great bodily injury, a violation of this section is punishable
21by a fine not exceeding five hundred dollars ($500), imprisonment
22in a county jail not exceeding six months, or by both a fine and
23imprisonment. Any subsequent violation of this section, regardless
24of injury to the animal, is also punishable by a fine not exceeding
25five hundred dollars ($500), imprisonment in a county jail not
26exceeding six months, or by both a fine and imprisonment.
begin deleteNothing in this section shall end delete
29prevent a peace officer, humane officer,
begin delete or an animal from removing an animal from a motor vehicle if the
30control officerend delete
32animal’s safety appears to be in immediate danger from heat, cold,
33lack of adequate ventilation, lack of food or water, or other
34circumstances that could reasonably be expected to cause suffering,
35disability, or death to the animal.
36(2) A peace officer, humane officer,
begin delete or animal removes an animal from a motor
37control officer whoend delete
begin delete vehicleend delete shall take it to an animal shelter or other place of
P5 1safekeeping or, if the officer deems necessary, to a veterinary
2hospital for treatment.
6(3) A peace officer, humane officer,
begin delete or animal is authorized to take all steps that are reasonably
7control officerend delete
9necessary for the removal of an animal from a motor vehicle,
10including, but not limited to, breaking into the motor vehicle, after
11a reasonable effort to locate the owner or other person responsible.
12(4) A peace officer, humane officer,
begin delete or animal who removes an animal from a motor vehicle shall, in
13control officerend delete
15a secure and conspicuous location on or within the motor vehicle,
16leave written notice bearing his or her name and office, and the
17address of the location where the animal can be claimed. The
18animal may be claimed by the owner only after payment of all
19charges that have accrued for the maintenance, care, medical
20treatment, or impoundment of the animal.
21(5) This section does not affect in any way existing liabilities
22or immunities in current law, or create any new immunities or
25 Nothing in this section shall preclude prosecution under both
26this section and Section 597 or any other provision of law,
27including city or county ordinances.
29 Nothing in this section shall be deemed to prohibit the
30transportation of horses, cattle, pigs, sheep, poultry or other
31agricultural animals in motor vehicles designed to transport such
32animals for agricultural purposes.
Section 43.100 is added to the Civil Code, to
(a) There shall not be any civil liability on the part of,
36and no cause of action shall accrue against, a person for damage
37to a motor vehicle, if the damage was caused while the person was
38rescuing or providing care to a minor who, or animal that, was
39located inside the motor vehicle and the person had done all of the
P6 1 (1) Reasonably believed that the health or well-being of the
2minor or animal was endangered due to heat, cold, lack of adequate
3ventilation, or other circumstances that could reasonably be
4expected to cause suffering, disability, or death to the minor or
6(2) Determined the motor vehicle was locked or there was no
7reasonable method for the minor or animal to exit the motor vehicle
9(3) Contacted, to the extent practicable, a law enforcement
10agency, fire department, or the emergency 911 telephone number
11before damaging the motor vehicle.
12(4) Took necessary action, in good faith, to enter the motor
13vehicle for the purpose of rescuing or providing care to the minor
15(5) Remained with the minor or animal in a safe location, either
16inside or outside, but reasonably close to, the motor vehicle, to the
17 extent practicable, until a law enforcement officer, fire department
18personnel, or other emergency responder arrived.
19(b) The immunity for civil liability for damage to a motor
20vehicle provided by this section shall not affect a person’s civil
21liability or immunity from civil liability for rendering aid to a
22minor or animal in addition to the aid described by this section.
This act is an urgency statute necessary for the
24immediate preservation of the public peace, health, or safety within
25the meaning of Article IV of the Constitution and shall go into
26immediate effect. The facts constituting the necessity are:
27In order to limit civil liability against a person who rescues or
28provides care for a minor or animal reasonably at risk of being
29endangered inside a motor vehicle during the hottest months of
30the year, it is necessary for this act to take effect immediately.