BILL NUMBER: SB 39	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 24, 2009

INTRODUCED BY   Senator Benoit
    (   Principal coauthor:   Senator 
 Romero   ) 
   (Principal coauthor: Assembly Member Nestande)
   (Coauthors: Senators Ashburn, Cogdill, Cox, Denham, Dutton,
Harman, Hollingsworth, Huff, Maldonado, Runner, Strickland, Walters,
and Wyland)
    (   Coauthors:   Assembly Members 
 Anderson,   DeVore,   Fuller,  
Gilmore,   Hagman,   Knight,   Nielsen,
  Silva,   and Yamada   ) 

                        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 amended, 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   instead provide
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 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. 
   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.   (a)    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.  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 alter 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.