HomeMy WebLinkAboutSB 39 - Personal Liability ImmunityCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON SB 39 (BENOIT) AT ITS MEETING OF APRIL 28, 2009.
DATE: May 21, 2009
CONTENTS: SB 39 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature
with regard to SB 39 (Benoit) relative to personal liability immunity.
BACKGROUND:
Current law requires that any person in good faith and not for compensation, who renders
emergency medical care at the scene of an emergency, shall not be liable for any civil damages
resulting from any act or omission. If passed, SB 39 would enact the Good Samaritan
Protection Act, which would provide that medical law enforcement and emergency personnel,
who in good faith and not for compensation, render medical care at the scene of an emergency
shall not be liable for any civil damages resulting from any act or omission. The bill would also
provide that any person, not including medical law enforcement emergency personnel, who in
good faith and not for compensation, render medical or non -medical care for 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. Protecting the intent of good Samaritans will lend itself to more
participation and assistance by the general population.
Therefore, Legislative Review Committee recommends that the City Council support SB 39 and
direct staff to prepare a letter stating that position to appropriate legislators and committees for
the or's signature.
PATRICIA SCAECFEE
R MAN EDG�T ANALYST
SHEILA R. GILLIGAICI
ACM/G.OMMUNITY SER
PAUL GIBSON
DIRECTOR OF FINANCE/CITY TREASURER
N WOHLMUTH
Y MANAGER
11Tti'
A!'!`1LOVED ✓ r �, g; .)
RECEIVED iE
NIEETI'VG DATE/- 5-al-09
AYES: DU/W/1, reIsvi1 Elm r pI/p e/
NOES: AN?
ABSENT: N}/e
ABSTAIN: Al r,/1 e-
VERIFIED BY: ql/n J «0
Original on File with City C1erk'gjOffice
SB 39 Senate Bill - AMENDED
Page 1 of 2
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 pcwh- faith ar,& rYUY fer
bi �iic o an omcigo�� "r :,1":.;.I1 :: ,t be 11"b1... a;:y ivil :ia4ta�c
ien 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-med1.,-1
care at the scene of an emergency shall be
http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_39 bill_20090224_amended_sen... 4/3/2009
SB 39 Senate Bill - AMENDED Page 2 of 2
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.
http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_39_bill_20090224_amended sen... 4/3/2009