Full Statute Name:  West's Oregon Revised Statutes Annotated. Title 3. Remedies and Special Actions and Proceedings. Chapter 30. Actions and Suits in Particular Cases. Miscellaneous Actions. 30.813. Entrance into motor vehicle to remove unattended child or domestic animal; limitation on liability

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Primary Citation:  O. R. S. § 30.813 Country of Origin:  United States Last Checked:  May, 2018 Alternate Citation:  OR ST § 30.813 Date Adopted:  2017
Summary: This Oregon law enacted in 2017 gives immunity from civil or criminal liability to a person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal if he or she follows steps listed in the law. The person must first determine the vehicle is locked and there is no reasonable method for the animal or child to exit the vehicle. That person must also have a good faith and reasonable belief based on the circumstances that entry is necessary due to imminent harm. Additionally, that person must notify law enforcement/emergency services before or soon as is reasonably practicable, use no more force than necessary to enter the vehicle, and remain with the child or animal until responders arrive.

 <Text subject to final change by the Oregon Office of the Legislative Counsel.>

(1) As used in this section, “motor vehicle” has the meaning given that term in ORS 801.360.

(2) A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if the person:

(a) Before entering the motor vehicle, determines that the motor vehicle is locked or there is no reasonable method for the child or animal to exit the motor vehicle without assistance;

(b) Has a good faith and reasonable belief, based upon the circumstances, that entry into the motor vehicle is necessary because the child or animal is in imminent danger of suffering harm;

(c) Before or as soon as is reasonably practicable after entering the motor vehicle, notifies law enforcement or emergency services;

(d) Uses no more force than is necessary to enter the motor vehicle and remove the child or animal; and

(e) Remains with the child or animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, emergency services or the owner or operator of the motor vehicle arrives.

(3) This section does not limit the liability of a person for gross negligence or for reckless, wanton or intentional misconduct.

(4) This section does not limit the liability of a peace officer as defined in ORS 161.015.

Credits

Added by Laws 2017, c. 424, § 1, eff. June 22, 2017.

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