H. B. 3105
(By Delegates Lawrence, Smith, Ellem, Ferro, Pino, M. Poling and D. Campbell)
[Introduced February 11, 2011; referred to the
Committee on the Judiciary.]
A BILL 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 to a residence in response to documented 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 to a residence in response to 911 call; immunity from civil and criminal liability.
Any person, who is a first responder, including ambulance, law enforcement personnel, emergency or other medical personnel and firefighters, responding to a documented 911 call, who forcibly enters a residence, may not be liable for any civil damages or criminal liability as the result of the forced entry or any act or omission in rendering emergency care.
NOTE: The purpose of this bill is to provide immunity from civil or criminal liability for first responders who use forced entry to a residence when rendering emergency care pursuant to a documented 911 call.
This section is new; therefore, it has been completely underscored.