1046 AMH JACO H1025.1
HB 1046 - H AMD 15
By Representative Jacobsen
NOT ADOPTED 01/30/2025
Strike everything after the enacting clause and insert the following:
"NEW SECTION.  Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
The definitions in this section apply throughout sections 2 and 3 of this act unless the context clearly requires otherwise.
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and may be kept as a household pet. The term does not include livestock or other farm animals.
(2) "First responder" means any: (a) Animal control officer as defined in RCW 16.52.011; (b) firefighter as defined in RCW 41.18.010 or 41.24.010; (c) emergency medical technician as defined in RCW 18.73.030; (d) federal peace officer, general authority Washington peace officer, limited authority Washington peace officer, reserve officer, or specially commissioned Washington peace officer, as those terms are defined in RCW 10.93.020; or (e) other professional with training or certification relating to emergency rescue or response.
(3) "Motor vehicle" has the same meaning as provided in RCW 46.04.320.
(4) "Vulnerable person" means a person under the age of 18 years or a person whose ability to perform the normal activities of daily living or to provide for their own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
NEW SECTION.  Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:
A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person is immune from civil liability for damage to the motor vehicle if the person:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the vulnerable person to exit the motor vehicle without assistance;
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the vulnerable person is in imminent danger of suffering harm;
(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter;
(4) Uses no more force to enter the motor vehicle and remove the vulnerable person than is necessary; and
(5) Remains with the vulnerable person in a safe location, in reasonable proximity to the motor vehicle, until law enforcement or other first responders arrive.
NEW SECTION.  Sec. 3. A new section is added to chapter 4.24 RCW to read as follows:
A first responder who enters a motor vehicle, by force or otherwise, for the purpose of removing a domestic animal is immune from civil liability for damage to the motor vehicle if the first responder:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the domestic animal to exit the motor vehicle without assistance;
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the domestic animal is in imminent danger of suffering harm;
(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter;
(4) Uses no more force to enter the motor vehicle and remove the domestic animal than is necessary; and
(5) Remains with the domestic animal in a safe location, in reasonable proximity to the motor vehicle, until the domestic animal can be turned over to its owner, animal control, or another public authority."
Correct the title.
EFFECT: Limits the bill's original immunity provision to only cover the rescue of vulnerable persons, excluding the rescue of domestic animals from its scope. Adds a new immunity provision with similar requirements for the rescue of domestic animals that only applies to rescues by first responders. Defines first responders as any animal control officer; firefighter; emergency medical technician; federal peace officer, general authority Washington peace officer, limited authority Washington peace officer, reserve officer, or specially commissioned Washington peace officer; or other professional with training or certification relating to emergency rescue or response.
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