On March 3, Governor Mike Braun signed HB1165. This bill will remove liability for people who break into hot cars to save animals.
Before you decide to start playing vigilante and breaking into people’s cars to save a cute furry friend, there are some things you have to make sure of. First, check that the car is locked and the only way to remove the animal is to force yourself into the vehicle. Second, call 911 or try to contact an animal resource officer or an emergency responder. If you break into the car, do the minimum amount of damage needed to get in and remove the animal. After you remove the animal, stay with the animal until an emergency responder arrives at the scene.
Car interiors heat up quickly, even on days that don’t feel very hot. In 19 minutes, the car can be 20 degrees Fahrenheit hotter inside than outside, and in an hour, the car can be up to 50 degrees hotter. Placing your car in the shade and cracking a window makes no meaningful difference on the increase in temperature in the car.
The biggest concern for a dog (or any animal) in a hot car is heat stroke. Heat stroke is where the body reaches higher than normal temperatures and the body is not able to cool itself effectively. Some signs of heat stroke in dogs are excessive drooling, skin that’s hot to the touch, bright red gums and tongue, heavy panting and rapid breathing. Dogs can also have seizures and be lethargic as a result of heatstroke. The longer the body is at elevated temperatures, the greater the risk of increased organ damage.
The best way to help a dog in heatstroke is to spray cool (but never cold) water on it and place it in front of a fan. As soon as possible, the dog should go to an emergency vet to receive treatment.
This legislation also includes legal definitions for terms related to the treatment of animals.. It adds the definitions “adequate bedding,” “adequate shelter,” “companion animal” and “domestic animal.”
Adequate shelter means a covered enclosure that protects the animal from the elements and prevents it from obtaining an injury or suffering. Adequate bedding means bedding sufficient enough to keep the animal dry and clean and maintain an appropriate body temperature. Domestic animal means an animal that is wild and is limited to cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea and emus.
The bill also updates definitions that were already defined in law: “neglect” and “torture.”
In the neglect definition, lack of sufficient levels of food and water and failure to provide adequate bedding and shelter are now included.
In the torture definition, exposure to heat or cold beyond an animal’s tolerance and the intentionality to recklessly starve, dehydrate or suffocate an animal are now included.
If someone does harm to a law enforcement animal and that animal dies, that act is now a Level 5 felony (Indiana felonies are rated Levels 1-6, with 1 being the worst). The exception to this is if the actions were taken to protect themselves or another individual from harm from the law enforcement animal and neither the person nor other individual engaged in any actions that resulted in the deployment of the law enforcement animal.
Animal neglect is now a Level 6 felony if the offense occurs around a minor child. Abandonment or neglect that results in permanent disfiguration, unconsciousness, permanent loss or function of a bodily member or organ, or death of an animal will also be a Level 6 felony. A Level 6 felony is also imposed if the person has ten or more animals which results in neglect or overcrowding.
If you’re interested in reading the bill, you can find it at go.iu.edu/W7CZs1. This bill will come into effect on July 1.
Separate from this bill, there are existing protections under Indiana’s Good Samaritan Laws that allow people to rescue children from hot cars without liability for damage to the vehicle. Similar conditions must be met to ensure the good samaritan will not be liable, such as making sure the child is in danger, exhausting all other methods to help them, and using minimal force on the vehicle.
