SENATE BILL No. 454

 

 

September 9, 2015, Introduced by Senator HERTEL and referred to the Committee on Judiciary.

 

 

 

     A bill to provide protection from civil liability for

 

individuals who take certain actions to prevent harm to minors.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"emergency minor rescue act".

 

     Sec. 2. (1) An individual who acts as described in subsection

 

(2) is immune from civil liability for any damage resulting from

 

the forcible entry into a motor vehicle for the purpose of removing

 

a minor from the vehicle.

 

     (2) An individual is immune under subsection (1) if all of the

 

following apply:

 

     (a) The individual determines that the vehicle is locked and


there is otherwise no reasonable method for the minor to exit the

 

vehicle.

 

     (b) The individual has a good-faith belief that forcible entry

 

into the vehicle is necessary because the minor is in imminent

 

danger of suffering harm if not immediately removed from the

 

vehicle and, based on the circumstances known to the individual at

 

the time, the belief is reasonable.

 

     (c) The individual has contacted either the local law

 

enforcement agency, fire department, or 9-1-1 operator before

 

forcibly entering the vehicle.

 

     (d) The individual places a notice on the vehicle's windshield

 

with the individual's contact information, the reason the entry was

 

made, the location of the minor, and a statement that the local

 

authorities have been notified.

 

     (e) The individual remains with the minor in a safe location,

 

out of the elements but reasonably close to the vehicle, until a

 

law enforcement, fire, or other emergency responder arrives.

 

     (f) The individual does not use any more force to enter the

 

vehicle and remove the minor from the vehicle than is necessary

 

under the circumstances.

 

     (3) This section does not affect an individual's civil

 

liability if the individual attempts to render aid to a minor in

 

addition to what is authorized by this section.