Bill Text: AZ HB2846 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced

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Bill Title: Public officials; entities; civil liability

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-02-27 - House minority caucus: Do pass [HB2846 Detail]

Download: Arizona-2020-HB2846-Introduced.html

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REFERENCE TITLE: public officials; entities; civil liability

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

HB 2846

 

Introduced by

Representatives Shah: Bowers, Finchem, Friese, Weninger

 

 

AN ACT

 

amending section 12‑820.05, Arizona Revised Statutes; relating to actions against public entities or public employees.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-820.05, Arizona Revised Statutes, is amended to read:

START_STATUTE12-820.05.  Other immunities

A.  Except as specifically provided in this article, this article shall does not be construed to affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.

B.  A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action.  This subsection does not apply to acts or omissions arising out of the operation or use of a motor vehicle.

C.  A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence. END_STATUTE