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House Bill No. 7080

Public Act No. 17-134

AN ACT CONCERNING LEGAL PROTECTIONS FOR PERSONS ENTERING PASSENGER MOTOR VEHICLES TO RENDER EMERGENCY ASSISTANCE TO CHILDREN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2017) (a) Notwithstanding any provision of the general statutes, a person who enters the passenger motor vehicle of another, including entry by force, to remove a child from the passenger motor vehicle shall have an affirmative defense against any civil damages or criminal penalties resulting from the acts or omissions by such person in removing the child from the passenger motor vehicle, if such person:

(1) Has a reasonable belief, at the time such person enters the passenger motor vehicle, that such entry is necessary to remove the child from imminent danger of serious bodily injury;

(2) Uses no more force than reasonably necessary under the circumstances to enter the passenger motor vehicle to remove the child from imminent danger of serious bodily injury based upon the circumstances known by such person at the time;

(3) Reports the entry and the circumstances surrounding such entry to a law enforcement agency or other public safety agency within a reasonable period of time after entering the passenger motor vehicle; and

(4) Takes reasonable steps to ensure the safety, health and well-being of the child after removing the child from the passenger motor vehicle.

(b) The affirmative defense provided in subsection (a) of this section shall not apply to acts or omissions constituting gross, wilful or wanton negligence.

(c) Nothing in this section shall affect a person's civil liability if the person attempts to render aid to the child in addition to the aid that is authorized under this section.

(d) The provisions of this section are not exclusive, and the affirmative defense shall be in addition to any other defenses or immunities provided by state or federal law or which are available under common law.

(e) As used in this section, "passenger motor vehicle" has the same meaning as provided in section 14-1 of the general statutes and "public safety agency" has the same meaning as provided in section 28-25 of the general statutes.

Approved June 30, 2017