Motor vehicles: unattended children: liability.

Existing law makes it an infraction to leave a child who is 6 years of age or younger inside a motor vehicle without being subject to supervision of a person who is 12 years of age or older if there are conditions that present a significant risk to the child's health or safety or if the vehicle's engine is running or the vehicle's keys are in the ignition, or both, and makes it a crime to willfully cause or permit a child to suffer, or inflict unjustifiable physical pain or mental suffering, or willfully place a child in a situation where their health is endangered. Existing law also makes it a crime to leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. Existing law exempts a person from civil liability for property damage or trespass to a motor vehicle if the property damage or trespass occurs while the person is rescuing an animal pursuant to these provisions. Existing law similarly exempts a person from criminal liability for removing an animal from a motor vehicle under circumstances that reasonably could cause suffering, disability, or death to the animal, if certain steps are taken during the removal. Existing law provides that a person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. This bill would exempt a person from civil liability and criminal liability for property damage or trespass to a motor vehicle if the property damage or trespass occurs while the person is rescuing a child who is 6 years of age or younger from a motor vehicle under circumstances that reasonably could cause suffering, disability, or death to the child, if certain steps are taken during the removal. The bill would establish procedures that apply to a peace officer, firefighter, or emergency responder under those circumstances, including, but not limited to, arranging for the treatment and transport of the child according to existing policies of the local EMS agency.