PHOENIX — Responding to concerns by the Arizona Humane Society, state lawmakers agreed Thursday to effectively make it legal to break into a vehicle to rescue an animal — and even a child.
SB 1001 spells out that someone who uses “reasonable force” to break into an unattended motor vehicle is not subject to civil damages if there’s a “good faith belief” the child or animal “is in imminent danger of suffering physical injury or death.”
There are some restrictions, including first having to notify a police officer, first responder or animal control enforcement agency. And once having broken into the vehicle, the rescuer must remain on site until that agency shows up.
Christopher West, field operations manager for the Humane Society, said the measure, which his organization helped to craft, stems from specific problems encountered by people in the field.
“Every year my dispatchers receive calls concerning dogs in hot cars,” he told lawmakers.
“We are left helpless to do anything because under the current law only a law enforcement officer or an animal control officer can enter the vehicle to remove the animal,” West continued. “So my emergency animal medical technicians are left standing beside the vehicle, waiting for a police officer or animal control officer to arrive, sometimes 30 to 60 minutes later.”
With this change, West’s technicians — and, in fact, anyone else — could make the call to law enforcement or the proper authority and then immediately break a window to retrieve the animal or child.
Sen. John Kavanagh, R-Fountain Hills, said while the measure was originally brought to him as one to protect animals, he made sure it was drafted to also include children. The senator conceded, however, he has no actual examples of anyone actually facing civil suit in this kind of situation.
The idea apparently got the attention of Gov. Doug Ducey who gave the concept, which had already been introduced by Kavanagh, a shout-out in his State of the State speech earlier this month
“All it takes is a good Samaritan to save a life, to be on the lookout, see movement, take action, and stop another death,” the governor said. “The last thing we’d want is any Arizonan worried about breaking into that car to save a life.”
Ducey promised to sign the measure if it reaches his desk.
While the legislation got unanimous approval Thursday by the Senate Judiciary Committee, there were some concerns.
Sen. Bob Worsley, R-Mesa, said he can foresee situations where a pet owner has simply run into a store for a moment and the animal is not in real danger. Yet someone passes by, thinks there’s a problem, breaks the window and causes several hundred dollars worth of damage.
“Who’s going to pay for that?” he asked.
The legislation, which now needs approval of the full Senate, also spells out that the immunity from civil suit applies only if the person who breaks the window remains with the vehicle until law enforcement or animal control arrives.
