1st Sub.
H.B.
20
EMERGENCY VEHICLE OPERATOR DUTY OF CARE REVISIONS
Senate Floor
Amendments
Amendment 1 February 26, 2014 10:10 AM
Senator Lyle W. Hillyard
proposes the following amendments:
1. Page
1, Lines 14 through 21
:
14
. provides that the operator of an authorized emergency vehicle
{
owes no duty of care
}
is
not liable
15
to a person who is
{
:
16
.
}
a suspect in the commission of a crime and evading, fleeing, or otherwise
17
attempting to elude the operator of an authorized emergency vehicle
{
; or
18
. in a motor vehicle with the suspect, unless it is proven by a preponderance of
19
the evidence that the person's presence in the motor vehicle was involuntary and
20
the person's participation in evading, fleeing, or attempting to elude was
21
involuntary;
}
for certain injuries incurred;
2. Page
3, Line 83 through Page 4, Line 97
:
83
(b) The operator of an authorized emergency vehicle
{
owes no duty of care
}
is not liable
under this
84
Subsection (6) to a person who is
{
:
85
(i) (A)
}
a suspect in the commission of a crime
{
;
}
and
86
{
(B)
}
evading, fleeing, or otherwise attempting to elude the operator of an authorized
87
emergency vehicle
{
; or
}
for injuries incurred in the course of or as a result of evading, fleeing, or
attempting to elude the operator of an authorized emergency vehicle, unless the injury was intentionally
caused by the operator or resulted from the operator's gross negligence.
88
{
(ii) in a motor vehicle with the suspect described in Subsection (6)(b)(i), unless it is
89
proven by a preponderance of the evidence that:
90
(A) the person's presence in the vehicle was involuntary; and
91
(B) the person's participation in evading, fleeing, or attempting to elude was
92
involuntary.
93
(c) (i) Notwithstanding Subsection (6)(b), an operator of an authorized emergency
94
vehicle may be held liable for a fleeing suspect's injuries if the operator of an authorized
95
emergency vehicle had actual intent to cause harm to the fleeing suspect in an act that was
96
unrelated to the legitimate object of the arrest.
}
97
{
(ii) "Actual intent"
}
(c) "Intentionally"
under
{
this
}
Subsection
(6)
{
(c)
}
(b)
means a malicious motive to cause
Page 1 of 1 LRGCshalversonshalversonM 02/26/14 9:21a