BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 83
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          ASSEMBLY THIRD READING
          AB 83 (Feuer)
          As Amended March 5, 2009
          2/3 vote.  Urgency 

           JUDICIARY           10-0                                        
           
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          |Ayes:|Feuer, Tran, Brownley,    |     |                          |
          |     |Evans, Jones, Knight,     |     |                          |
          |     |Krekorian, Lieu, Monning, |     |                          |
          |     |Nielsen                   |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :   Seeks to encourage Good Samaritans to continue to  
          step forward and help others in danger.  Specifically, among  
          other things,  this bill  :  

          1)Clarifies that medical, law enforcement, and emergency  
            personnel who in good faith, and not for compensation, render  
            emergency care at the scene of an emergency shall continue to  
            not be liable for any civil damages resulting from any act or  
            omission. 

          2)States the intent of the Legislature to encourage 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. 

          3)Clarifies, in response to the recent decision by the  
            California Supreme Court, that laypersons  other than  medical,  
            law enforcement, and emergency personnel who in good faith,  
            and not for compensation, render emergency medical or  
            non-medical care or assistance at the scene of an emergency  
            shall also not 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. 

          4)Specifies that nothing in this section shall be construed to  
            change any existing legal duties or obligations and contains  
            an urgency clause to clarify the law in this area as quickly  
            as possible.  









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           EXISTING LAW  :

          1)Provides that no person who in good faith, and not for  
            compensation, renders emergency medical care at the scene of  
            an emergency shall be liable for any civil damages resulting  
            from any act or omission.  (Health & Safety Code 1799.102, as  
            interpreted by Van Horn v. Watson (2008) 45 Cal.4th 322.)

          2)Defines "'wanton' or 'reckless' misconduct" as conduct by a  
            person who may have no intent to cause harm, but who  
            intentionally performs an act so unreasonable and dangerous  
            that he or she knows or should know it is highly probable that  
            harm will result."  (City of Santa Barbara v. Superior Court,  
            41 Cal.4th 747, 753 (2007) (emphasis added).)  

          3)Defines "gross negligence" as an "exercise of so slight a  
            degree of care as to justify the belief there was indifference  
            to the interest and welfare of others."  (46 Cal. Jur. 3d  
            Negligence  100.) 

           FISCAL EFFECT  :  None 

           COMMENTS  :  This non-controversial bi-partisan bill, approved by  
          unanimous vote in the Judiciary Committee, responds to a recent  
          ruling by the California Supreme Court that, if left  
          unaddressed, could inadvertently discourage people from being  
          courageous "Good Samaritans" by coming to the aid of accident  
          victims facing great peril.  In essence, the measure provides  
          immunity from suit to all Good Samaritans who render emergency  
          care at the scene of an emergency regardless of whether the care  
          they provide is found to be of a medical (e.g., CPR) or  
          non-medical nature (e.g., carrying someone out of a burning  
          building).  However, the bill appropriately makes clear that  
          such broad protection from suit is appropriately not available  
          to rescuers who engage in grossly negligent or even reckless  
          behavior.
            
          Last December, in Van Horn, the California Supreme Court  
          narrowly interpreted an existing statute (Health & Safety Code  
          Section 1799.102) that provides immunity for anyone who in good  
          faith renders "emergency care at the scene of an emergency."  In  
          enacting this statute in 1980, the Legislature sought to  
          encourage people to come to the aid of accident victims without  
          fear of later being sued for their efforts, should those efforts  








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          fail or unintentionally even turn out to make matters worse. 

          In the Van Horn case, Lisa Torti pulled her friend and  
          co-worker, Alexandra Van Horn, from a crashed vehicle in Los  
          Angeles, fearing the vehicle was about to catch fire or even  
          explode.  Tragically, in doing so, Torti may have worsened Van  
          Horn's injuries.  Van Horn later sued the driver, who in turn  
          sued Torti for exacerbating Van Horn's injuries.  The trial  
          court dismissed the action against Torti, finding that she was  
          immune from liability under Health & Safety Code Section  
          1799.102 since she provided "emergency care at the scene of an  
          emergency."  However, an appeals court then overturned the trial  
          court ruling.  The California Supreme Court, by a 4-3 vote,  
          affirmed the appeals court decision.  The Court held that the  
          state's "Good Samaritan" statute, when read as part of the  
          overall statutory scheme, only provides immunity to persons with  
          respect to medical care at the scene of an emergency- not  
          "non-medical" emergency assistance, such as pulling a person  
          from a potentially exploding automobile or a burning building.  

          As the 4-3 vote suggests, the Supreme Court's narrow reading of  
          legislative intent is open to debate.  More importantly,  
          however, the Court stressed that its ruling was primarily one of  
          statutory interpretation; the Court found that Torti was not  
          covered by statutory immunity, but did not find that her actions  
          were unreasonable or blameworthy.  Thus the Court's decision in  
          this case was arguably an open invitation to the Legislature to  
          clarify its intentions as to how broadly it wishes to protect  
          Good Samaritans' good faith actions.  The Court's decision  
          essentially addressed the question: does the Legislature intend,  
          via this Good Samaritan statute, to provide narrow immunity from  
          suit only to those Good Samaritans rendering medical types of  
          emergency care at the scene of an emergency (e.g., CPR) or does  
          the Legislature instead wish to provide broader immunity that  
          protects Good Samaritans from suit when they provide non-medical  
          assistance to those in peril as well (e.g., carrying someone out  
          of a burning building)?     

          This measure responds to this question by clarifying that this  
          Good Samaritan statute provides immunity to all rescuers who  
          render emergency care at the scene of an emergency -- regardless  
          of whether the care they provide is found to be of a medical or  
          non-medical nature.  However the bill appropriately makes clear  
          that such broad immunity is unavailable to rescuers who engage  








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          in grossly negligent or reckless behavior.  Because the measure  
          is designed to encourage Good Samaritans to volunteer in an  
          emergency by protecting them from inappropriate liability when  
          they render assistance to others in need, language in the bill  
          clarifies that it does not impose any new legal duties or  
          obligations.  Nor does it seek to change any existing duties to  
          act or to refrain from acting or liability for payment of  
          damages when a party is at fault.  In addition, the bill is an  
          urgency measure to minimize any confusion about the state of  
          Good Samaritan law in California. 

          Although like so many other state approaches this bill immunizes  
          Good Samaritans from negligent actions when seeking to assist  
          others in peril, it logically does not immunize actions that are  
          grossly negligent or even outright reckless.  The author states  
          that this balanced approach, reflective of the approach taken by  
          many other states, makes sense because no one would contend that  
          a would-be rescuer who pulls an accident victim from an  
          automobile and then attempts to choke or strike them should be  
          completely free from potential responsibility for the harm they  
          cause. 

          The "gross negligence or willful and wanton conduct" proviso in  
          the bill also appears to be completely consistent with other  
          existing California Good Samaritan statutes that grant qualified  
          immunity to various professionals who render emergency care  
          voluntarily, without expectation of compensation, and outside of  
          the scope of their employment. 
           
           Several groups have written to the Judiciary Committee in  
          support of this legislation, including the Civil Justice  
          Association of California and the Consumer Attorneys of  
          California. 

           Editorial Support  :  The Los Angeles Times editorialized in  
          support of this legislation on March 4, 2009, stating in part  
          that:  

               A proposed law would give legal cover to passersby who  
               help out in an emergency? Coming to the rescue of  
               so-called good Samaritans, new state legislation would  
               give much-needed legal protection to passersby who  
               help in an emergency? The main issue is that after the  
               Supreme Court ruling [noted above], Californians were  








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               left with a loud message that their heroism might  
               backfire. Feuer's legislation would send a new  
               message: that random acts of kindness are encouraged  
               and protected.
                

           Analysis Prepared by  :  Drew Liebert / JUD. / (916) 319-2334 

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