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.
SB230,1,2 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:
SB230,1 3Section 1. 895.484 of the statutes is created to read:
1895.484 Civil liability exemption; entering a vehicle to render
(1) In this section:
SB230,2,53 (a) "Domestic animal" means a dog, cat, or other animal that is domesticated
4and kept as a household pet, but does not include a farm animal, as defined in s.
5951.01 (3).
SB230,2,76 (b) "Vehicle" means a motor vehicle, or any other vehicle, that is used to
7transport persons or cargo and that is enclosed.
SB230,2,9 8(2) A person is immune from civil liability for property damage or injury that
9results from his or her forcible entry into a vehicle if all of the following are true:
SB230,2,1210 (a) A person or a domestic animal was present in the vehicle and the actor had
11a good faith belief that the person or domestic animal was in imminent danger of
12suffering bodily harm unless he or she exited or was removed from the vehicle.
SB230,2,1513 (b) The actor determined that the vehicle was locked and that forcible entry was
14necessary to enable the actor to enter the vehicle or to enable the person or domestic
15animal to be removed from or to exit the vehicle.
SB230,2,1816 (c) The actor dialed the telephone number "911" or otherwise contacted law
17enforcement, emergency medical services, or animal control before, or as soon after
18as was practicable, he or she forcibly entered the vehicle.
SB230,2,2119 (d) The actor remained with the person or domestic animal until a law
20enforcement officer, emergency medical service provider, animal control officer, or
21other first responder arrived at the scene.
SB230,2,2422 (e) The actor used no more force than he or she reasonably believed necessary
23to enter the vehicle in order to remove the person or domestic animal or to allow the
24person or domestic animal to exit the vehicle.
1(f) If the actor left the scene before the owner or operator of the vehicle returned
2to the scene, the actor placed a notice on the windshield of the vehicle that included
3his or her name, telephone number, and mailing address, the reason he or she
4entered the vehicle, and the location, if known, of the person or domestic animal
5when the actor left the scene.
SB230,2 6Section 2. Initial applicability.
SB230,3,87 (1) This act first applies to entries that are made on the effective date of this
SB230,3,99 (End)