BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 83
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 83 (Feuer)
          As Amended June 15, 2009
          2/3 vote.  Urgency 

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          |ASSEMBLY:  |75-0 |(March 12,      |SENATE: |40-0 |(June 22,      |
          |           |     |2009)           |        |     |2009)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :   Seeks to encourage Good Samaritans to continue to  
          step forward and help others in danger without any fear of  
          facing a lawsuit.  Specifically, among other things,  this bill  :   


          1)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. 

          2)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  
            be immune from liability for any civil damages resulting from  
            any act or omission. 

          3)Clarifies, in response to the recent decision by the  
            California Supreme Court, that laypersons, in addition to  
            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)Contains an urgency clause to clarify the law in this area as  
            quickly as possible.  

           The Senate amendments  are solely technical and clarifying in  
          nature.
           
          EXISTING LAW  :









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          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.) 

           AS PASSED BY THE ASSEMBLY  , this bill was virtually identical to  
          the version approved by the Senate.
           FISCAL EFFECT  :  None 

           COMMENTS  :  This non-controversial bi-partisan bill has not  
          received any negative votes.  The measure 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 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 fail or unintentionally even turn  
          out to make matters worse. 








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          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 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 later 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 in grossly negligent or reckless behavior.  Because  
          the measure is designed to encourage Good Samaritans to  








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          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. 

          The bill is supported by an unusual coalition 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:  

               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 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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