A bill that will shield non-medical Good Samaritans who help out at the scene of an emergency from civil liability will now be considered by the full Senate.
Assembly Bill 83, which CJAC supports, passed 5-0 out of the Senate Judiciary Committee today. The bill was authored by Assemblyman Mike Feuer, chair of the Assembly Judiciary Committee. The bill's principal co-author, Senator John Benoit, also introduced a similar bill, SB 39.
The bill was authored in response to the California Supreme Court decision in December in Van Horn v. Watson, which interpreted California Health and Safety Code Section 1799.102 to mean that no medical person who provides help, or no person who provides medical help, shall be liable for civil damages. Based on this reading of the statute, a non-medical person who provides non-medical help can be sued by the person he or she rescued. It amends Health and Safety Code Section 1799.102 to ensure that it provides liability protections to all people, both medical and laypeople, who help out in good faith at the scene of an emergency.
Click here to read a news release from Assemblyman Feuer's office, which includes a comment from CJAC President John H. Sullivan.
Kim Stone, CJAC's Vice President - Legislation, testified on AB 83 in front of the Senate Judiciary Committee today.