H-0191.1

HOUSE BILL 1046

ByRepresentatives Leavitt, Low, and Ryu

AN ACT Relating to protecting the vulnerable by providing immunity from civil liability for damage to a motor vehicle arising from the rescue of vulnerable persons or domestic animals; and adding new sections 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:

The definitions in this section apply throughout section 2 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) "Motor vehicle" has the same meaning as provided in RCW 46.04.320.

(3) "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 or domestic animal 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 or 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 vulnerable person or 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 vulnerable person or domestic animal than is necessary; and

(5) Remains with the vulnerable person or domestic animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, animal control, or other first responders arrive.

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