Connecticut 2021 Regular Session

Connecticut Senate Bill SB00939 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00939-R01-
4		-	SB.docx
5		-	1 of 3
	3	+	LCO No. 3765 1 of 2
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 939
	5	+	General Assembly Raised Bill No. 939
8	6		January Session, 2021
	7	+	LCO No. 3765
	8	+
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
9	15
10	16
11	17
12	18
13		-
14		-	:
15		-	AN ACT CONCERNING TH E CIVIL LIABILITY OF A PHYSICIAN WHO
16		-	ASSISTS A SWAT TEAM AND AN ARCHITECT WHO EVALUATES
17		-	SAFETY ELEMENTS IN THE AFTERMATH OF A MAJOR DISASTER
18		-	OR EMERGENCY.
	19	+	AN ACT PROVIDING IMMUNITY FROM CIVIL LIABILITY TO A
	20	+	PHYSICIAN WHO ACCOMP ANIES AND ASSISTS A STATE,
	21	+	REGIONAL OR MUNICIPA L SWAT TEAM.
19	22		Be it enacted by the Senate and House of Representatives in General
20	23		Assembly convened:
21	24
22	25		Section 1. (NEW) (Effective October 1, 2021) Any person licensed to 1
23	26		practice medicine and surgery under the provisions of chapter 370 of 2
24	27		the general statutes, who, voluntarily and gratuitously and other than 3
25	28		in the course of such person's employment or practice, renders 4
26	29		emergency medical assistance in connection with the law enforcement 5
27	30		duties of a state, regional or municipal special weapons and tactics team, 6
28	31		shall not be liable to any person assisted for civil damages for any 7
29	32		personal injuries that result from acts or omissions by such licensed 8
30	33		person in rendering emergency medical assistance, which may 9
31	34		constitute ordinary negligence. The immunity provided in this section 10
32	35		shall not apply to acts or omissions constituting gross, wilful or wanton 11
33	36		negligence. 12
34		-	~~Sec. 2.~~ ~~(NEW) (Effective~~ ~~October 1,~~ ~~2021) (a) Any architect licensed 13~~
35		-	~~pursuant to chapter 390 of the general statutes who, at the request of, 14~~
36		-	~~under the direction of, or in connection with a public safety official, 15 Substitute~~ Bill No. 939
	37	+	This act shall take effect as follows and shall amend the following
	38	+	sections:
	39	+	Raised Bill No. 939
37	40
38	41
39		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00939-
40		-	R01-SB.docx }
41		-	2 of 3
42	42
43		-	voluntarily and without compensation, acts in good faith to assist such 16
44		-	official evaluating the safety of elements of a built environment in the 17
45		-	aftermath of a major disaster or emergency, as those terms are defined 18
46		-	in section 28-1 of the general statutes, shall: 19
47		-	(1) Be held to the same standard of care applicable to a public safety 20
48		-	official who would have performed an evaluation of the safety elements 21
49		-	of a built environment, if not for the major disaster or emergency, and 22
50		-	(2) Be subject to civil liability only upon a finding that the architect 23
51		-	failed to act as a reasonably prudent public safety official, as applicable 24
52		-	to the circumstances, would have acted under the same or similar 25
53		-	circumstances. 26
54		-	(b) The provisions of subsection (a) of this section shall exclusively 27
55		-	apply to acts or omissions by an architect that occur during the time 28
56		-	period that a declaration of a civil preparedness emergency pursuant to 29
57		-	section 28-9 of the general statutes is effective or for sixty days after the 30
58		-	issuance of such declaration, whichever is longer. 31
59		-	(c) For purposes of this section: 32
60		-	(1) "Built environment" means a human -made environment, 33
61		-	including homes, buildings, streets, sidewalks, parks and 34
62		-	transportation, energy and other infrastructure; and 35
63		-	(2) "Public safety official" means: 36
64		-	(A) A state or municipal police officer or firefighter; 37
65		-	(B) A building official or assistant building official under section 29-38
66		-	261 of the general statutes or the State Building Inspector or his or her 39
67		-	designee under section 29-252 of the general statutes; 40
68		-	(C) A member of a community emergency response team that is 41
69		-	activated by the Department of Emergency Services and Public 42
70		-	Protection, a local emergency preparedness official or a municipal police 43 Substitute Bill No. 939
71		-
72		-
73		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00939-
74		-	R01-SB.docx }
75		-	3 of 3
76		-
77		-	agency; 44
78		-	(D) An official from the Department of Emergency Services and 45
79		-	Public Protection; or 46
80		-	(E) An official from the Federal Emergency Management Agency. 47
81		-	This act shall take effect as follows and shall amend the following
82		-	sections:
	43	+	LCO No. 3765 2 of 2
83	44
84	45		Section 1 October 1, 2021 New section
85		-	Sec. 2 October 1, 2021 New section
86	46
87		-	JUD Joint Favorable Subst.
	47	+	Statement of Purpose:
	48	+	To provide immunity to a physician who accompanies and assists a
	49	+	state, regional or municipal SWAT team.
	50	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	51	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	52	+	underlined.]
88	53