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Sec. 3. (a) Except as provided in subsection (c), a person who forcibly enters a motor vehicle to remove a domestic animal from the motor vehicle:
(1) is liable to the owner or lessee of the motor vehicle for one-half ( 1/2 ) of the cost of repairing the damage to the motor vehicle directly caused by the person's forcible entry, unless the owner or lessee of the motor vehicle waives the person's liability under this subdivision; and
(2) is immune from any other criminal or civil liability for other property damage resulting from the person's forcible entry of the motor vehicle;
if all the conditions set forth in subsection (b) are satisfied.
(b) For subsection (a)(1) and (a)(2) to apply to a person who forcibly enters a motor vehicle to remove a domestic animal from the motor vehicle, all the following conditions must be satisfied:
(1) A domestic animal must be present in the enclosed space of the motor vehicle, and the person must reasonably believe that the domestic animal is in imminent danger of suffering serious bodily harm if the domestic animal remains in the motor vehicle.
(2) The person must determine that:
(A) the motor vehicle is locked; and
(B) forcible entry of the motor vehicle is necessary to remove the domestic animal from the motor vehicle.
(3) The person must call telephone number 911 or otherwise attempt to contact:
(A) a law enforcement officer;
(B) a firefighter;
(C) an animal control officer; or
(D) another emergency responder;
before the person forcibly enters the motor vehicle.
(4) The person must use no more force than is reasonably necessary to enter the motor vehicle and remove the domestic animal from the motor vehicle.
(5) The person must remain with the domestic animal until a law enforcement officer, firefighter, animal control officer, or other emergency responder arrives at the scene.
(c) If any of the following persons, acting in the course and scope of the person's employment, forcibly enters a motor vehicle to remove a domestic animal from the motor vehicle, the person is not liable for the cost of repairing damage to the motor vehicle caused by the person's forcible entry:
(1) A law enforcement officer.
(2) A firefighter.
(3) A government officer or employee whose primary duty is to ensure public safety.
(4) An emergency responder other than those identified in subdivisions (1) through (3).
(5) An animal control officer.
(6) A veterinarian who is licensed or otherwise authorized to practice veterinary medicine in Indiana under IC 25-38.1-3.
(7) A veterinary assistant, as defined in IC 25-38.1-1-14.7.
For the purposes of this subsection, a law enforcement officer may be considered to be acting in the course and scope of the law enforcement officer's employment even if the law enforcement officer is off duty.
Cite this article: FindLaw.com - Indiana Code Title 34. Civil Law and Procedure § 34-30-30-3 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-30-30-3/
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