2015 - 2016 LEGISLATURE
August 11, 2015 - Introduced by Senators Wirch,
Lassa and Olsen, cosponsored
by Representatives Ohnstad, Kerkman, Sinicki, Stuck, Steffen, Milroy,
Berceau, Hesselbein, Jorgensen, Bowen, Kolste, Kahl, Spiros, Zepnick,
Subeck, Quinn, Pope and Thiesfeldt. Referred to Committee on Judiciary
and Public Safety.
1An Act to create
895.484 of the statutes; relating to: providing an exemption
2from civil liability for forcibly entering a vehicle under certain circumstances.
Analysis by the Legislative Reference Bureau
This bill exempts a person from civil liability for any property damage or
personal injury he or she causes by forcibly entering a vehicle under certain
circumstances. Under the bill, a person is immune from liability if he or she used
force in order to remove from a vehicle a person or a domestic animal that the actor
reasonably believed was suffering or would suffer imminent bodily harm if the actor
did not forcibly enter the vehicle.
Under the bill, in order to receive civil immunity for his or her act, the actor
must determine that there is no way to enter the vehicle without force, may use only
the force necessary to remove the person or animal from the vehicle, must dial "911"
or otherwise summon emergency or law enforcement assistance before or shortly
after the forcible entry, must leave his or her name and contact information at the
scene, and must remain with the person or animal until a law enforcement officer or
other first responder arrives.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
895.484 of the statutes is created to read:
1895.484 Civil liability exemption; entering a vehicle to render
In this section:
(a) "Domestic animal" means a dog, cat, or other animal that is domesticated 4
and kept as a household pet, but does not include a farm animal, as defined in s. 5
(b) "Vehicle" means a motor vehicle, or any other vehicle, that is used to 7
transport persons or cargo and that is enclosed.
A person is immune from civil liability for property damage or injury that 9
results from his or her forcible entry into a vehicle if all of the following are true:
(a) A person or a domestic animal was present in the vehicle and the actor had 11
a good faith belief that the person or domestic animal was in imminent danger of 12
suffering bodily harm unless he or she exited or was removed from the vehicle.
(b) The actor determined that the vehicle was locked and that forcible entry was 14
necessary to enable the actor to enter the vehicle or to enable the person or domestic 15
animal to be removed from or to exit the vehicle.
(c) The actor dialed the telephone number "911" or otherwise contacted law 17
enforcement, emergency medical services, or animal control before, or as soon after 18
as was practicable, he or she forcibly entered the vehicle.
(d) The actor remained with the person or domestic animal until a law 20
enforcement officer, emergency medical service provider, animal control officer, or 21
other first responder arrived at the scene.
(e) The actor used no more force than he or she reasonably believed necessary 23
to enter the vehicle in order to remove the person or domestic animal or to allow the 24
person or domestic animal to exit the vehicle.
(f) If the actor left the scene before the owner or operator of the vehicle returned 2
to the scene, the actor placed a notice on the windshield of the vehicle that included 3
his or her name, telephone number, and mailing address, the reason he or she 4
entered the vehicle, and the location, if known, of the person or domestic animal 5
when the actor left the scene.
(1) This act first applies to entries that are made on the effective date of this 8