A new bill offers legal protection to good Samaritans that break a vehicle window to save a vulnerable person, or animals locked in a vehicle.

HB 1046 is sponsored by Rep. Mari Leavitt (D–University Place), and provides civil liability immunity to a person who enters a motor vehicle, by force or otherwise, to rescue a “vulnerable person” or domestic animal from imminent danger of harm. For the liability protection to apply, the rescuer must:

• Determine the vehicle is locked, or the vulnerable person or animal otherwise cannot exit without assistance.
• Have a good faith, reasonable belief under the known circumstances that entry into the vehicle is necessary to prevent imminent danger of harm.
• Contact law enforcement or 911 before or immediately after entering the vehicle.
• Use no more force than necessary to enter the vehicle.
• Remains with the vulnerable person or animal in a safe location in proximity to the vehicle until first responders arrive.

The bill defines “vulnerable person” to include a child under age 18, or other person whose ability to perform normal daily activities and provide their own protection is impaired. A “domestic animal” includes domesticated animals kept as household pets, not including livestock or farm animals.

While the bill is not specific to the “hot car” scenario, the situation the bill covers is most commonly thought of in the summertime, when a closed car in the warm sun can heat a car’s interior to dangerously high levels in a short amount of time. Under current law, it is illegal to leave an animal in an unattended vehicle where they could be harmed by exposure to heat or cold, or lack of ventilation or water. However, the law only permits law enforcement or animal control to forcibly enter the vehicle to rescue the animal. There is no similar law specifically covering rescue of vulnerable people from a vehicle.

Dates to remember

HB 1046 is scheduled for a public hearing in the House Civil Rights & Judiciary Committee on January 17 at 10:30 am.