BILL NUMBER: SB 39 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2009
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
1714.5 of the Civil Code, relating to personal
liability , and declaring the urgency thereof, to take effect
immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 39, as amended, Benoit. Torts: personal liability
immunity. Personal liability immunity: disaster
service workers.
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.
Existing law provides that no disaster worker who is performing
disaster services during a state of war emergency, a state of
emergency, or a local emergency shall be liable for civil damages on
account of personal injury to or death of any person or property, as
provided.
This bill would enact the Good Samaritan Protection Act which
would provide that disaster service workers shall not
be liable when acting within the scope of their responsibilities
under the authority of the governmental emergency organization, as
provided. 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.
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. This act shall be known and may be cited as the Good
Samaritan Protection Act.
SEC. 2. Section 1714.5 of the Civil
Code is amended to read:
1714.5. (a) There shall be no liability on
the part of one, including the State of California, county, city and
county, city or any other political subdivision of the State of
California, who owns or maintains any building or premises which have
been designated as a shelter from destructive operations or attacks
by enemies of the United States by any disaster council or any public
office, body, or officer of this state or of the United States, or
which have been designated or are used as mass care centers, first
aid stations, temporary hospital annexes, or as other necessary
facilities for mitigating the effects of a natural, manmade, or
war-caused emergency, for any injuries arising out of the use thereof
for such purposes sustained by any person while in or upon said
building or premises as a result of the condition of said building or
premises or as a result of any act or omission, or in any way
arising from the designation of such premises as a shelter, or the
designation or use thereof as a mass care center, first aid station,
temporary hospital annex, or other necessary facility for emergency
purposes, except a willful act, of such owner or occupant or his
servants, agents or employees when such person has entered or gone
upon or into said building or premises for the purpose of seeking
refuge, treatment, care, or assistance therein during destructive
operations or attacks by enemies of the United States or during tests
ordered by lawful authority or during a natural or manmade
emergency.
No
(b) Notwithstanding any other provision
of law, no disaster service worker who is performing disaster
services ordered by lawful authority during a
state of war emergency, a state of emergency, or a local emergency,
as such emergencies are defined in Section 8558 of the Government
Code, shall be liable for civil damages on account of personal injury
to or death of any person or damage to property resulting from any
act or omission in the line of duty while
performing disaster services anywhere within the jurisdiction covered
by such emergency , except one that is willful.
(c) For purposes of this subdivision, a disaster service worker
shall be performing disaster services when acting within the scope of
the disaster service worker's responsibilities under the authority
of the governmental emergency organization.
(d) For purposes of this subdivision, "governmental emergency
organization" shall mean the emergency organization of any state,
city, city and county, county, district, or other local governmental
agency or public agency, which is authorized pursuant to the
California Emergency Service Act (Chapter 7 (commencing with Section
8550) of Division 1 of Title 2 of the Government Code).
SEC. 3. 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.
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 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.