BILL NUMBER: AB 83	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 5, 2009
	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, 
Eng,  Evans, Fletcher, Fuentes,  Hill,  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.   liability,
and declaring the urgency thereof, to take effect immediately. 


	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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority  2/3  . 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 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.
  the effective date of that act. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   Because the state has long encouraged Californians to assist
others facing danger in an emergency, and the ability to do so
without fear of potential suit has been thrown into question by the
recent California Supreme Court decision of Van Horn v. Watson,
(2008) 45 Cal.4th 322, decided on December 18, 2008, this legislation
clarifying the intent of the Legislature needs to go into effect
immediately so as to avoid any confusion in this important area of
the law.