PHOENIX โ State senators Wednesday approved an end-run around the chairman of the House Judiciary Committee in a bid to encourage people to rescue children and pets.
HB 2494, approved 20-7, spells out there is no civil liability when people smash out a window or otherwise force their way into a vehicle if there is a โgood faith belief that the minor or confined domestic animal is in imminent danger or suffering physical injury or death unless ... removed from the motor vehicle.โ The measure also outlines procedures that would-be rescuers must follow to get that immunity.
The language is the same as the Senate approved nearly two months ago in SB 1001. But that measure stalled after Rep. Eddie Farnsworth, R-Gilbert, refused to give the measure a hearing in the House Judiciary Committee.
But by tacking the language onto another unrelated measure that already has gained House approval, the now-amended bill goes back to the full House for action. And that bypasses the Judiciary Committee โ and the ability of Farnsworth to unilaterally kill it.
Farnsworth said Wednesday he remains opposed to the bill.
โThis is not because I want kids to die and I want puppies to die,โ he told Capitol Media Services.
The problem, Farnsworth said, is the legislation is badly crafted and overly broad. In fact, he argued, it even could provide cover for thieves.
The idea is being pushed by Sen. John Kavanagh, R-Fountain Hills. He said Arizona law already provides immunity to police and other first-responders who break into a vehicle to save a child or pet.
But Kavanagh said under the current law someone who finds a child alone locked in a hot car is legally entitled to only call for help and await arrival. A decision by a Good Samaritan to break in, he said, leaves the rescuer liable for the costs of the damages caused.
The measure says there is not civil liability if the person first notifies a first-responder or animal enforcement agency about a pet or child in the vehicle and โdoes not use more force than necessary under the circumstancesโ to enter the vehicle. The legislation also said the rescuer must remain with the vehicle until emergency personnel respond.
Farnsworth said the measure is flawed. โIt says โminor,โโ he said. โDoes that mean if you have a 17-year-old in the back seat that could easily unlock the door and get out?โ
