(a) As used in this section, the following terms shall have the following meanings:
(1) CHILD. A person who is under nine years of age.
(2) INCAPACITATED PERSON. As defined in Section 26-2A-20.
(3) MOTOR VEHICLE. As defined in Section 32-1-1.1.
(4) PUBLIC SAFETY OFFICIAL. An individual employed by a law enforcement agency, fire department, or 911 emergency service.
(b) No person shall leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person. A vehicle that has an ambient interior temperature of 99 degrees Fahrenheit or less shall be presumed safe.
(c) A person who enters a motor vehicle by force or otherwise at the direction of a public safety official for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from criminal liability for damage to the motor vehicle if the person meets all of the following requirements:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.
(3) Contacts a public safety official before entering the motor vehicle, provides information requested by the public safety official, and remains in contact with the public safety official until the child or incapacitated person is in a safe condition.
(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.
(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.
(d) A public safety official who has been contacted by a person reporting a child or incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person shall immediately dispatch a locksmith or towing company with vehicle lockout capabilities and attempt to make contact with a registered vehicle owner and the vehicle operator.
(e) A public safety official, acting reasonably in the course of his or her employment and pursuant to this section, shall be immune from criminal liability and civil liability in accordance with Section 36-1-12.
Structure Code of Alabama
Article 18 - Exemptions From Liability.
Section 6-5-330 - Breach of Contract to Marry.
Section 6-5-331 - :Alienation of Affections, Criminal Conversation, and Seduction.
Section 6-5-332 - Persons Rendering Emergency Care etc., at Scene of Accident, Etc.
Section 6-5-332.2 - Immunity of Persons Responding to Oil Spills.
Section 6-5-332.3 - Use of Automated External Defibrillator.
Section 6-5-332.4 - Persons Who Rescue Child or Incapacitated Person From Unattended Motor Vehicle.
Section 6-5-337 - Immunity of Those Involved in Equine Activities.
Section 6-5-339 - Volunteer Medical Professionals.
Section 6-5-340 - Computer Failure or Malfunction.
Section 6-5-341 - Liability for Operation or Use of Sport Shooting Range.
Section 6-5-342 - Skateboarding, Roller Skating in Parks or Rinks.
Section 6-5-343 - Liability for Farmer Allowing Nonprofit Entity Onto Property.
Section 6-5-344 - Volunteer Athletic Coach, Manager, or Official.
Section 6-5-345 - Duty of Care Owed by Possessor of Real Property to Certain Trespassers.