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.
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