BILL NUMBER: SB 39	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Benoit
   (Principal coauthor: Assembly Member Nestande)
   (Coauthors: Senators Ashburn, Cogdill, Cox, Denham, Dutton,
Harman, Hollingsworth, Huff, Maldonado, Runner, Strickland, Walters,
and Wyland)

                        JANUARY 6, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 39, as introduced, Benoit. Torts: personal liability immunity.
   Existing law requires 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 enact the Good Samaritan Protection Act which
would provide that any person, who in good faith and not for
compensation, renders emergency medical or nonmedical care at the
scene of an emergency shall not be liable for any civil damages
resulting from any act or omission.
   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.  This act shall be known and may be cited as the Good
Samaritan Protection Act.
  SEC. 2.  Section 1799.102 of the Health and Safety Code is amended
to read:
   1799.102.  No person who in good faith, and not for compensation,
renders emergency  medical or nonmedical  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.