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A1099
ASSEMBLY, No. 1099
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblymen Webber, DePhillips, Assemblywomen Murphy and
Quijano
SYNOPSIS
���� Immunizes from civil liability first responders who
forcibly enter property to provide emergency assistance.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
providing immunity from civil liability to first
responders in certain circumstances and amending various parts of the statutory
law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1962,
c.242 (C.2A:53A-12) is amended to read as follows:
���� 1.��� No member of a volunteer
first aid, rescue or emergency squad, or volunteer member of the National Ski
Patrol System, which provides emergency public first aid and rescue services
shall be liable in any civil action to respond in damages as a result of his
acts of commission or omission arising out of and in the course of his
rendering in good faith any such services as such member but such immunity from
liability shall not extend to the operation of any motor vehicle in connection
with such services.�
This immunity shall extend to any civil damages
resulting from a forcible entry into a home, business, or other structure at
which an emergency is reported if based upon a good faith belief that such
entry is necessary to provide emergency medical care or to prevent imminent
bodily harm and if no occupant of the property responds to requests for entry
within a reasonable period of time.
���� Nothing herein shall be deemed
to grant any such immunity to any person causing damage by his willful or
wanton act of commission or omission.
(cf: P.L.1977, c.276, s.2)
���� 2.��� Section 1 of P.L.1963,
c.71 (C.2A:53A-13) is amended to read as follows:
���� 1.��� No member of a volunteer
fire company, which provides emergency public first aid and rescue services or
services for the control and extinguishment of fires, or both, and no
authorized active volunteer first aid or rescue squad worker who is not a
member of the volunteer fire company within which the first� aid or rescue
squad may have been created, doing public first aid or rescue duty, shall be
liable in any civil action to respond in damages as a result of his acts of
commission or omission arising out of and in the course of his rendering in
good faith any such services, or arising out of and in the course of
participation in any authorized drill, but such immunity from liability shall
not extend to the operation of any motor vehicle in connection with the
rendering of any such services.�
This immunity shall extend to any civil
damages resulting from a forcible entry into a home, business, or other
structure at which an emergency is reported if based upon a good faith belief
that such entry is necessary to provide emergency medical care or to prevent
imminent bodily harm and if no occupant of the property responds to requests
for entry within a reasonable period of time.
���� Nothing herein shall be deemed
to grant any such immunity to any person causing damage by his willful or
wanton act of commission or omission.
(cf: P.L.1983, c.29, s.1)
���� 3.��� Section 1 of P.L.1975,
c.196 (C.2A:53A-13.1) is amended to read as follows:
���� 1.��� No volunteer fire
company or volunteer first aid, rescue or emergency squad, civil defense unit,
incorporated or unincorporated, which provides services for the control and
extinguishment of fires or emergency public first aid and rescue services, or
both, shall be liable in any civil action to respond in damages as a result of
any acts of commission or omission arising out of and in the course of the
rendition in good faith of any such services, or arising out of and in the
course of participation in any authorized drill, by any member of the volunteer
fire company or the volunteer first aid, rescue or emergency squad, or civil
defense unit, and in the case of a volunteer fire company within which a first
aid or rescue squad has been created, by any authorized active volunteer first
aid or rescue squad worker therefor, notwithstanding that he is not a member of
the volunteer fire company.�
This immunity shall extend to any civil damages
resulting from a forcible entry into a home, business, or other structure at
which an emergency is reported if based upon a good faith belief that such
entry is necessary to provide emergency medical care or to prevent imminent
bodily harm and if no occupant of the property responds to requests for entry
within a reasonable period of time.
� No such immunity from liability shall
extend to the operation of any motor vehicle in connection with the rendering
of any such services.
(cf: P.L.1983, c.29, s.2)
���� 4.��� Section 8 of P.L.1984,
c.146 (C.26:2K-14) is amended to read as follows:
���� 8.��� No mobile intensive care
paramedic, licensed physician, hospital or its board of trustees, officers and
members of the medical staff, nurses or other employees of the hospital, first
aid, ambulance or rescue squad, or officers and members of a rescue squad shall
be liable for any civil damages as the result of an act or the omission of an
act committed while in training for or in the rendering of advanced life
support services in good faith and in accordance with this act.�
This
immunity shall extend to any civil damages resulting from a forcible entry into
a home, business, or other structure at which an emergency is reported if based
upon a good faith belief that such entry is necessary to provide emergency
medical care or to prevent imminent bodily harm and if no occupant of the
property responds to requests for entry within a reasonable period of time.
(cf: P.L.1984, c.146, s.8)
���� 5.��� Section 10 of P.L.1985,
c.351 (C.26:2K-29) is amended to read as follows:
���� 10.� No EMT-intermediate,
licensed physician, hospital or its board of trustees, officers and members of
the medical staff, nurses or other employees of the hospital, or officers and
members of a first aid, ambulance or rescue squad shall be liable for any civil
damages as the result of an act or the omission of an act committed while in
training for or in the rendering of intermediate life support services in good
faith and in accordance with this act.�
This immunity shall extend to any
civil damages resulting from a forcible entry into a home, business, or other
structure at which an emergency is reported if based upon a good faith belief
that such entry is necessary to provide emergency medical care or to prevent
imminent bodily harm and if no occupant of the property responds to requests
for entry within a reasonable period of time.
(cf: P.L.1985, c.351, s.10)
���� 6.��� Section 4 of P.L.1986,
c.106 (C.26:2K-38) is amended to read as follows:
���� 4.��� No mobile intensive care
paramedic, licensed physician, hospital or its board of trustees, officers and
members of the medical staff, nurses or other employees of the hospital, first
aid, ambulance or rescue squad members or officers is liable for any civil
damages as the result of an act or the omission of an act committed while
training for or in rendering advanced life support services in good faith and
in accordance with this amendatory and supplementary act.�
This immunity
shall extend to any civil damages resulting from a forcible entry into a home,
business, or other structure at which an emergency is reported if based upon a
good faith belief that such entry is necessary to provide emergency medical
care or to prevent imminent bodily harm and if no occupant of the property
responds to requests for entry within a reasonable period of time.
(cf: P.L.1986, c.106, s.4)
���� 7.��� N.J.S.59:3-9 is amended
to read as follows:
���� 59:3-9.� Entry upon property.�
A public employee is not liable for his entry upon any property where such
entry is expressly or impliedly authorized by law.�
This immunity shall
extend to all public emergency response personnel for any civil damages
resulting from a forcible entry into a home, business, or other structure at
which an emergency is reported if based upon a good faith belief that such
entry is necessary to provide emergency medical care or to prevent imminent
bodily harm and if no occupant of the property responds to requests for entry
within a reasonable period of time.
� Nothing in this section exonerates a
public employee from liability for an injury proximately caused subsequent to
such entry by his own negligent or wrongful act or omission.
(cf: N.J.S.59:3-9)
���� 8.��� Section 20 of P.L.1942,
c.251 (App.A:9-52) is amended to read as follows:
���� 20.� Neither the State nor any
political subdivision of the State under any circumstances, nor the agents,
officers, employees, servants or representatives of the State or any political
subdivision thereof, including all volunteers, in good faith carrying out,
complying with, or attempting to comply with, any order, rule or regulation
promulgated pursuant to the provisions of this act or performing any authorized
service in connection therewith, shall be liable for any injury or death to
persons or damage to property as the result of any such activity.�
This
immunity shall extend to all public emergency response personnel for any civil
damages resulting from a forcible entry into a home, business, or other
structure at which an emergency is reported if based upon a good faith belief
that such entry is necessary to provide emergency medical care or to prevent
imminent bodily harm and if no occupant of the property responds to requests
for entry within a reasonable period of time.
�No person owning, possessing
or managing any real property which has been designated, pursuant to the
provisions of this act or of any order, rule or regulation promulgated
thereunder, as a shelter from destructive operations or attacks by enemies of
the United States, shall be liable in any civil action for death or injury to
any person who, because such real property has been designated a shelter as
aforesaid, enters upon it solely for the purpose of seeking refuge therein
during such destructive operations or attacks or during civil defense tests
ordered by lawful authority, except where such death or injury is caused by the
willful act of such owner, possessor or manager, or his agents or employees.
The foregoing shall not affect the right of any person to receive benefits or
compensation which may be specifically provided by the provisions of this or
any other State or Federal Statute, nor shall it affect the right of any person
to recover under the terms of any policy of insurance. The provisions of this
section shall apply but shall not be limited to establishing or developing a
Code Blue alert plan, or implementing, carrying out, or providing services
under a Code Blue alert plan, pursuant to the provisions of P.L.2017, c.68
(C.App.A:9-43.18 et al.).
(cf: P.L.2017, c.68, s.4)
���� 9.��� (New section)�
Notwithstanding the provisions of any law to the contrary, a police officer
duly appointed by the governing body of an independent institution of higher
education pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) shall have
immunity from any civil damages resulting from a forcible entry into a home,
business, or other structure at which an emergency is reported if based upon a
good faith belief that such entry is necessary to provide emergency medical care
or to prevent imminent bodily harm and if no occupant of the property responds
to requests for entry within a reasonable period of time.
���� 10.� This act shall take
effect immediately.
STATEMENT
���� This bill provides compensated
and volunteer public and private first responders, including emergency medical
services personnel, law enforcement officers, and firefighters and police
officers appointed by the governing body of an independent institution of
higher education pursuant to section 1 of P.L.1970, c.211 (C.18A:6-4.2) with
immunity from civil liability for any damages that may result from a forcible
entry into a home, business, or other structure at which an emergency is
reported.� This immunity applies only where the first responder�s decision is
based upon a good faith belief that forcible entry is necessary to provide
emergency medical care or to prevent imminent bodily harm and where no occupant
of the property responds to the first responder�s requests for entry within a
reasonable period of time.