PREFILED JAN 08 2025 REFERENCE TITLE: public entities; immunity State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1042 Introduced by Senator Kavanagh AN ACT amending section 12-820.05, Arizona Revised Statutes; relating to actions against public entities. (TEXT OF BILL BEGINS ON NEXT PAGE)
PREFILED JAN 08 2025
REFERENCE TITLE: public entities; immunity
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1042
Introduced by Senator Kavanagh
REFERENCE TITLE: public entities; immunity
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1042
Introduced by
Senator Kavanagh
AN ACT
amending section 12-820.05, Arizona Revised Statutes; relating to actions against public entities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-820.05, Arizona Revised Statutes, is amended to read: START_STATUTE12-820.05. Other immunities A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state. B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action. the immunity provided in this subsection does not apply to acts or omissions arising out of the public employee's operation or use of a motor vehicle. C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-820.05, Arizona Revised Statutes, is amended to read:
START_STATUTE12-820.05. Other immunities
A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.
B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action. the immunity provided in this subsection does not apply to acts or omissions arising out of the public employee's operation or use of a motor vehicle.
C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence. END_STATUTE