H-0777.1
HOUSE BILL 1118
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State of Washington | 65th Legislature | 2017 Regular Session |
By Representatives Peterson, Appleton, McBride, Pike, Stanford, Jinkins, Fey, and Gregerson
Read first time 01/11/17. Referred to Committee on Judiciary.
AN ACT Relating to immunity from civil liability for damage or injury that results from the entry of a vehicle to render assistance; and adding a new section to chapter
4.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
(1) As used in this section, the term:
(a) "Animal" has the same meaning as provided in RCW
16.52.011.
(b) "Minor" means a child who is less than eighteen years old.
(c) "Vehicle" means a motor vehicle as defined in RCW
46.04.320.
(d) "Vulnerable adult" has the same meaning as provided in RCW
74.34.020.
(2) A person is immune from civil liability for any damage or injury that results from his or her entry into a vehicle for the purpose of rendering assistance to an animal, minor, or vulnerable adult present in the vehicle if his or her conduct conforms to all of the following:
(a) The person had a good faith belief that the animal, minor, or vulnerable adult was in imminent danger of suffering bodily harm or death unless removed from the vehicle, and the belief was a reasonable one based on the circumstances known to the person at the time;
(b) The person determined that entry into the vehicle was necessary to remove the animal, minor, or vulnerable adult from the vehicle, or to enable the animal, minor, or vulnerable adult to exit the vehicle;
(c) The person made a reasonable effort under the circumstances to contact law enforcement, emergency medical services, or animal control authorities before entering the vehicle;
(d) The person used no more force than was necessary under the circumstances to enter the vehicle;
(e) The person remained with the animal, minor, or vulnerable adult in a safe location, within reasonable proximity to the vehicle, for a reasonable length of time under the circumstances, or until a law enforcement officer, emergency medical service provider, animal control officer, or other first responder arrived at the scene; and
(f) If the person left the scene before the owner or operator of the vehicle returned, the person made a reasonable effort under the circumstances to place notice in a visible location on the vehicle with the person's contact information, the reason he or she entered the vehicle, the location, if known, of the animal, minor, or vulnerable adult, and whether the authorities were notified.
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