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OLR Bill Analysis
sSB 939
AN ACT CONCERNING THE CIVIL LIABILITY OF A PHYSICIAN
WHO ASSISTS A SWAT TEAM AND AN ARCHITECT WHO
EVALUATES SAFETY ELEMENTS IN THE AFTERMATH OF A
MAJOR DISASTER OR EMERGENCY.
SUMMARY
This bill specifically grants civil immunity to physicians who
voluntarily, without compensation, and other than in the course of
employment or practice, give emergency medical assistance in
connection with a special weapons and tactics (SWAT) team’s law
enforcement duties.
The bill also grants civil immunity to architects who assist certain
public safety officials in evaluating the safety of built environment
elements following certain major disasters or emergencies.
EFFECTIVE DATE: October 1, 2021
PHYSICIANS’ IMMUNITY
Under the bill:
1. physicians are not liable for civil damages for personal injuries
resulting from ordinary negligence in their acts or omissions in
giving the assistance described above;
2. the immunity applies whether the physicians are assisting a
state, regional, or local SWAT team; and
3. as under existing law, the immunity does not apply to gross,
willful, or wanton negligence.
Existing law already grants civil immunity for ordinary negligence
to physicians who voluntarily, without compensation, and other than
in the ordinary course of employment or practice, give emergency 2021SB-00939-R000609-BA.DOCX
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assistance to people in need (CGS § 52-557b(a)).
ARCHITECTS’ IMMUNITY
Under the bill, to receive civil immunity, the architect’s assistance
must be:
1. at the request of, under the direction of, or in connection with a
public safety official;
2. voluntary and without compensation; and
3. done in good faith.
An architect whose assistance meets these requirements is not liable
for civil damages unless he or she failed to act as a reasonably prudent
public safety official would have acted under the same or similar
circumstances. Additionally, the bill applies to these architects the
same standard of care that applies to public safety officials evaluating
built environment (see below) elements during situations other than
major disasters or emergencies (it is not clear what that standard of
care is under existing law).
These provisions apply to an architect’s acts or omissions that occur
during the time period a civil preparedness emergency declaration is
effective or for 60 days after the declaration is issued, whichever is
longer.
DEFINITIONS
Built Environment
Under the bill, a “built environment” is a human-made
environment, including homes, buildings, streets, sidewalks, and
parks as well as transportation, energy, and other infrastructure.
Public Safety Official
Additionally, under the bill, a “public safety official” is (1) a state or
municipal police officer or firefighter; (2) a building or assistant
building official; (3) the state building inspector or his designee; (4) a
community emergency response team member activated by the 2021SB-00939-R000609-BA.DOCX
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Department of Emergency Services and Public Protection (DESPP), a
local emergency preparedness official, or a municipal police agency;
(5) a DESPP official; or (6) a Federal Emergency Management Agency
official.
Major Disaster
By law, and under the bill, a “major disaster” is any catastrophe,
including any hurricane, tornado, storm, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought, or, regardless of cause, any fire,
flood, explosion, or man-made disaster in Connecticut that (1) the
president determines causes damage that warrants major disaster
assistance under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to supplement the efforts and available resources of the
state, municipal governments, and disaster relief organizations in
alleviating the damage, loss, hardship, or suffering the catastrophe
caused or (2) the governor determines requires a civil preparedness
emergency declaration (CGS § 28-1(2)).
Emergency
Additionally, an “emergency” is any instance in which the governor
or president determines state or federal assistance is needed to
supplement state or local efforts and capabilities to save lives and
protect property, public health and safety, or to avert or lessen the
threat of a disaster or catastrophe in Connecticut (CGS § 28-1(3)).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 33 Nay 1 (04/09/2021)