New Jersey A 373: Immunizes from civil liability first responders who forcibly enter property to provide emergency assistance.

Bill Text

ASSEMBLY, No. 373

STATE OF NEW JERSEY
220th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)

Co-Sponsored by:
Assemblymen Webber, Rooney, DePhillips, Assemblywomen Murphy,
Quijano and Jimenez

SYNOPSIS
Immunizes from civil liability first responders who forcibly enter property to
provide emergency assistance.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A373 DANIELSEN, PINTOR MARIN
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT providing immunity from civil liability to first responders 1
in certain circumstances and amending various parts of the 2
statutory law. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. Section 1 of P.L.1962, c.242 (C.2A:53A-12) is amended to 8
read as follows: 9
1. No member of a volunteer first aid, rescue or emergency 10
squad, or volunteer member of the National Ski Patrol System, 11
which provides emergency public first aid and rescue services shall 12
be liable in any civil action to respond in damages as a result of his 13
acts of commission or omission arising out of and in the course of 14
his rendering in good faith any such services as such member but 15
such immunity from liability shall not extend to the operation of 16
any motor vehicle in connection with such services. This immunity 17
shall extend to any civil damages resulting from a forcible entry 18
into a home, business, or other structure at which an emergency is 19
reported if based upon a good faith belief that such entry is 20
necessary to provide emergency medical care or to prevent 21
imminent bodily harm and if no occupant of the property responds 22
to requests for entry within a reasonable period of time. 23
Nothing herein shall be deemed to grant any such immunity to 24
any person causing damage by his willful or wanton act of 25
commission or omission. 26
(cf: P.L.1977, c.276, s.2) 27
28
2. Section 1 of P.L.1963, c.71 (C.2A:53A-13) is amended to 29
read as follows: 30
1. No member of a volunteer fire company, which provides 31
emergency public first aid and rescue services or services for the 32
control and extinguishment of fires, or both, and no authorized 33
active volunteer first aid or rescue squad worker who is not a 34
member of the volunteer fire company within which the first aid or 35
rescue squad may have been created, doing public first aid or rescue 36
duty, shall be liable in any civil action to respond in damages as a 37
result of his acts of commission or omission arising out of and in 38
the course of his rendering in good faith any such services, or 39
arising out of and in the course of participation in any authorized 40
drill, but such immunity from liability shall not extend to the 41
operation of any motor vehicle in connection with the rendering of 42
any such services. This immunity shall extend to any civil damages 43
resulting from a forcible entry into a home, business, or other 44
structure at which an emergency is reported if based upon a good 45

A373 DANIELSEN, PINTOR MARIN
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faith belief that such entry is necessary to provide emergency 1
medical care or to prevent imminent bodily harm and if no occupant 2
of the property responds to requests for entry within a reasonable 3
period of time. 4
Nothing herein shall be deemed to grant any such immunity to 5
any person causing damage by his willful or wanton act of 6
commission or omission. 7
(cf: P.L.1983, c.29, s.1) 8
9
3. Section 1 of P.L.1975, c.196 (C.2A:53A-13.1) is amended to 10
read as follows: 11
1. No volunteer fire company or volunteer first aid, rescue or 12
emergency squad, civil defense unit, incorporated or 13
unincorporated, which provides services for the control and 14
extinguishment of fires or emergency public first aid and rescue 15
services, or both, shall be liable in any civil action to respond in 16
damages as a result of any acts of commission or omission arising 17
out of and in the course of the rendition in good faith of any such 18
services, or arising out of and in the course of participation in any 19
authorized drill, by any member of the volunteer fire company or 20
the volunteer first aid, rescue or emergency squad, or civil defense 21
unit, and in the case of a volunteer fire company within which a 22
first aid or rescue squad has been created, by any authorized active 23
volunteer first aid or rescue squad worker therefor, notwithstanding 24
that he is not a member of the volunteer fire company. This 25
immunity shall extend to any civil damages resulting from a 26
forcible entry into a home, business, or other structure at which an 27
emergency is reported if based upon a good faith belief that such 28
entry is necessary to provi