Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Enrolled Version - Final Version House Bill 3105 History

OTHER VERSIONS  -  Introduced Version  |  DOWNLOAD  wpd  |  Email


HB3105 SUB ENR
ENROLLED

COMMITTEE SUBSTITUTE

for

H. B. 3105

(By Delegates Lawrence, Smith, Ellem, Ferro, Pino, M. Poling and D. Campbell)


[Passed March 12, 2011; in effect ninety days from passage.]



AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to immunity from civil and criminal liability for first responders who use forced entry in response to a 911 call.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-26, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-26. First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability.

(a) "First responder" includes: law-enforcement officers, firefighters, emergency medical services personnel and others that respond to calls for emergency medical assistance.
(b)
Neither a first responder nor his or her supervisor, agency, employer or supervising entity is liable for any civil damages or criminal liability resulting from a forcible entry of a home, business or other structure if the first responder:
(1) Is responding to a documented 911 call for emergency medical assistance;
(2) Has made reasonable efforts to summon an occupant of the home, business, or structure by knocking or otherwise notifying the occupant(s) of his or her presence;
(3) Has not received a response from an occupant within a reasonable period of time; and
(4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency medical assistance or preventing imminent bodily harm.
(c) Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****