BILL NUMBER: AB 83AMENDED BILL TEXT AMENDED IN ASSEMBLY FEBRUARY 26, 2009 AMENDED IN ASSEMBLY FEBRUARY 5, 2009 INTRODUCED BY Assembly Member Feuer (Principal coauthor: Senator Benoit) ( Coauthors: Assembly Members Anderson, Blakeslee, Brownley, Evans, Fletcher, Fuentes, Huffman, Jones, Knight, Lieu, Ma, Monning, Nielsen, John A. Perez, Tran, and Yamada ) ( Coauthors: Senators DeSaulnier and Harman ) DECEMBER 23, 2008 An act to amend Section 1799.102 of the Health and Safety Code, relating to personal liability. LEGISLATIVE COUNSEL'S DIGEST AB 83, as amended, Feuer. Torts: personal liability immunity. Existing law provides 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 instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render 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 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. 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 toalterchange 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.