BILL NUMBER: SB 448	CHAPTERED
	BILL TEXT

	CHAPTER  140
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2001
	APPROVED BY GOVERNOR  AUGUST 6, 2001
	PASSED THE SENATE  JULY 19, 2001
	PASSED THE ASSEMBLY  JULY 9, 2001
	AMENDED IN ASSEMBLY  JULY 2, 2001
	AMENDED IN SENATE  APRIL 16, 2001

INTRODUCED BY   Senator Perata

                        FEBRUARY 22, 2001

   An act to amend Section 1714.9 of the Civil Code, relating to
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 448, Perata.  Liability: injuries to peace officers,
firefighters, and emergency medical personnel.
   Existing law provides that, under specific situations, a person is
responsible not only for the results of that person's willful acts
causing injury to a peace officer, firefighter, or any emergency
medical personnel employed by a public entity, but also for any
injury occasioned to that person by the want of ordinary care or
skill in the management of the person's property or person.  This
liability occurs where, among other situations, the conduct causing
the injury occurs after the person knows or should have known of the
presence of the peace officer, firefighter, or emergency medical
personnel, violates a statute, ordinance, or regulation, and was the
proximate cause of an injury which the statute, ordinance, or
regulation was designed to prevent, and the statute, ordinance, or
regulation was designed to protect the peace officer, firefighter, or
emergency medical personnel.
   This bill would enact the Brett Alan Laws Act, which would revise
this provision to require that the conduct causing injury be one that
violates a statute, ordinance, or regulation, and that the conduct
causing the injury was itself not the event that precipitated either
the response or presence of the peace officer, firefighter, or
emergency medical personnel.
   This bill would make a specified statement of legislative intent
regarding a common law exception to the firefighter's rule.


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


  SECTION 1.  This act shall be known, and may be cited as, the Brett
Alan Laws Act.
  SEC. 2.  Section 1714.9 of the Civil Code is amended to read:
   1714.9.  (a) Notwithstanding statutory or decisional law to the
contrary, any person is responsible not only for the results of that
person's willful acts causing injury to a peace officer, firefighter,
or any emergency medical personnel employed by a public entity, but
also for any injury occasioned to that person by the want of ordinary
care or skill in the management of the person's property or person,
in any of the following situations:
   (1) Where the conduct causing the injury occurs after the person
knows or should have known of the presence of the peace officer,
firefighter, or emergency medical personnel.
   (2) Where the conduct causing injury violates a statute,
ordinance, or regulation, and the conduct causing injury was itself
not the event that precipitated either the response or presence of
the peace officer, firefighter, or emergency medical personnel.
   (3) Where the conduct causing the injury was intended to injure
the peace officer, firefighter, or emergency medical personnel.
   (4) Where the conduct causing the injury is arson as defined in
Section 451 of the Penal Code.
   (b) This section does not preclude the reduction of an award of
damages because of the comparative fault of the peace officer,
firefighter, or emergency medical personnel in causing the injury.
   (c) The employer of a firefighter, peace officer or emergency
medical personnel may be subrogated to the rights granted by this
section to the extent of the worker's compensation benefits, and
other liabilities of the employer, including all salary, wage,
pension, or other emolument paid to the employee or the employee's
dependents.
   (d) The liability imposed by this section shall not apply to an
employer of a peace officer, firefighter, or emergency medical
personnel.
   (e) This section is not intended to change or modify the common
law independent cause exception to the firefighter's rule as set
forth in Donohue v. San Francisco Housing Authority (1993) 16
Cal.App.4th 658.