Bill Text: CA AB83 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Torts: personal liability immunity.

Spectrum: Slight Partisan Bill (Democrat 14-8)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 77, Statutes of 2009. [AB83 Detail]

Download: California-2009-AB83-Amended.html

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BILL NUMBER: AB 83	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 26, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 5, 2009

INTRODUCED BY   Assembly Member Feuer
   (Principal coauthor: Senator Benoit)
    (   Coauthors:   Assembly Members 
 Anderson,   Blakeslee,   Brownley,  
Evans,   Fletcher,  Fuentes,   Huffman,
  Jones,   Knight,   Lieu,   Ma,
  Monning,   Nielsen,  John A. Perez,
  Tran,   and Yamada   ) 
    (   Coauthors:   Senators  
DeSaulnier   and Harman   ) 

                        DECEMBER 23, 2008

   An act to amend Section 1799.102 of the Health and Safety Code,
relating to personal liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 83, as amended, Feuer. Torts: personal liability immunity.
   Existing law provides that any person who in good faith, and not
for compensation, renders emergency medical care at the scene of an
emergency shall not be liable for any civil damages resulting from
any act or omission.
   This bill would instead provide that medical, law enforcement, and
emergency personnel who in good faith, and not for compensation,
render emergency medical care at the scene of an emergency shall not
be liable for any civil damages resulting from any act or omission.
   This bill would also provide that any person, not including
medical, law enforcement, and emergency personnel, who in good faith,
and not for compensation, renders emergency medical or nonmedical
care or assistance at the scene of an emergency shall not be liable
for any civil damages resulting from any act or omission, as long as
that act or omission does not constitute gross negligence or willful
or wanton misconduct.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1799.102 of the Health and Safety Code is
amended to read:
   1799.102.  (a) No person who in good faith, and not for
compensation, renders emergency care at the scene of an emergency
shall be liable for any civil damages resulting from any act or
omission. The scene of an emergency shall not include emergency
departments and other places where medical care is usually offered.
This subdivision applies only to the medical, law enforcement, and
emergency personnel specified in this chapter.
   (b) (1) It is the intent of the Legislature to encourage other
individuals to volunteer, without compensation, to assist others in
need during an emergency, while ensuring that those volunteers who
provide care or assistance act responsibly.
   (2) Except for those persons specified in subdivision (a), no
person who in good faith, and not for compensation, renders emergency
medical or nonmedical care or assistance at the scene of an
emergency shall be liable for civil damages resulting from any act or
omission other than an act or omission constituting gross negligence
or willful or wanton misconduct. The scene of an emergency shall not
include emergency departments and other places where medical care is
usually offered. This subdivision shall not be construed to alter
existing protections from liability for licensed medical or other
personnel specified in subdivision (a) or any other law.
   (c) Nothing in this section shall be construed to  alter
  change  any existing legal duties or obligations.
The amendments to this section made by the act adding this
subdivision shall apply exclusively to any legal action filed on or
after January 1, 2010.