A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-1-315 SO AS TO PROVIDE THAT ANY PERSON MAY ENTER AND REMOVE A MINOR, VULNERABLE ADULT, OR AN ANIMAL FROM A MOTOR VEHICLE IF THE MINOR, VULNERABLE ADULT, OR ANIMAL IS EXPERIENCING A LIFE THREATENING OR EXTREME HEALTH THREATENING SITUATION, AND TO PROVIDE THAT A PERSON WHO REMOVES A MINOR, VULNERABLE ADULT, OR AN ANIMAL PURSUANT TO THIS SECTION IS IMMUNE FROM CRIMINAL AND CIVIL LIABILITY; AND BY REPEALING SECTION 15-3-700 RELATING TO IMMUNITY FOR PROPERTY DAMAGE INCURRED IN RESCUE OF A MINOR OR VULNERABLE ADULT FROM A motor VEHICLE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-1-315.  (A) A person may not confine any minor, vulnerable adult, or animal in a motor vehicle which is done in a manner that places the minor, vulnerable adult, or animal in a life threatening or extreme health threatening situation by exposing them to a prolonged period of extreme heat or cold without proper ventilation or protection from heat or cold.

    (B) In order to protect the health and safety of a minor, vulnerable adult, or an animal, any person who has a reasonable good faith belief that subsection (A) is being violated has the authority to:

       (1) enter a motor vehicle by any reasonable means necessary under the circumstances, after making a reasonable effort to locate the owner or other responsible person; and

       (2) take all steps that are reasonably necessary to remove the minor, vulnerable adult, or animal from a motor vehicle if the minor's, vulnerable adult's, or animal's health, safety, or well-being appears to be in immediate danger from heat, cold, or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.

    (C) A person who removes a minor, vulnerable adult, or an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal, except for acts or omissions amounting to gross negligence or wilful or wanton misconduct.

    (D) The provisions of this section do not apply to livestock or poultry that is raised for use, sale, or display.

 

SECTION 2.  Section 15-3-700 of the S.C. Code is repealed.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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