Full Statute Name:  Connecticut General Statutes Annotated. Title 52. Civil Actions. Chapter 925. Statutory Rights of Action and Defenses. § 52-557u. Entering the passenger motor vehicle of another to remove child or animal from vehicle. Affirmative defense against civil damages and criminal penalties, when

Share |
Primary Citation:  C. G. S. A. § 52-557u Country of Origin:  United States Last Checked:  October, 2019 Alternate Citation:  CT ST § 52-557u Date Adopted:  2019 Historical: 
Summary: This Connecticut law, effective in 2018, gives an affirmative defense to civil or criminal penalties for any person who enters a passenger motor vehicle of another, including entry by force, to remove a child or animal from the passenger motor vehicle provided certain criteria are met. The person must have a reasonable belief that such entry is necessary to remove the child or animal from imminent danger of serious bodily harm and use no more force than necessary under the circumstances. Additionally, the person must report the entry to law enforcement/public safety within a reasonable period of time after entry and must also take reasonable steps to ensure the health and safety of the child or animal after removing from the vehicle.

(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 or animal 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 or animal 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 or animal 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 or animal 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 or animal after removing the child or animal 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 or animal 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 and “public safety agency” has the same meaning as provided in section 28-25.

Credits

(2017, P.A. 17-134, § 1; 2018, P.A. 18-164, § 16.)

Share |