1st Sub.
H.B.
20
EMERGENCY VEHICLE OPERATOR DUTY OF CARE REVISIONS
Senate Floor
Amendments
Amendment 2 February 27, 2014 11:38 AM
Senator Todd Weiler
proposes the following amendments:
1. Page
3, Line 80
:
80
(6)
(a) As used in this Subsection (6), "marked authorized emergency vehicle" means an
authorized emergency vehicle that:
(i) has emergency lights that comply with Section 41-6a-1616 affixed to the top of the vehicle; or
(ii) is displaying an identification mark designating the vehicle as the property of an entity that is
authorized to operate emergency vehicles in a conspicuous place on both sides of the vehicle.
[The]
{
(a)
}
(b)
Except as provided in Subsection (6)
{
(b)
}
(c)
, the privileges granted
under this
2. Page
3, Line 83
:
83
{
(b)
}
(c)
The operator of
{
an
}
a marked
authorized emergency vehicle owes no
duty of care under this
3. Page
3, Lines 86 through 87
:
86
(B) evading, fleeing, or otherwise attempting to elude the operator of
{
an
}
a marked
authorized
87
emergency vehicle; or
4. Page
4, Lines 88 through 89
:
88
(ii) in a motor vehicle with the suspect described in Subsection (6)
{
(b)
}
(c)
(i), unless it is
89
proven by a preponderance of the evidence that:
5. Page
4, Lines 92 through 94
:
92
involuntary.
93
{
(c)
}
(d)
(i) Notwithstanding Subsection (6)
{
(b)
}
(c)
, an operator of
{
an
}
a
marked
authorized emergency
94
vehicle may be held liable for a fleeing suspect's injuries if the operator of
{
an
}
a marked
authorized
6. Page
4, Lines 97 through 102
:
97
(ii) "Actual intent" under this Subsection (6)
{
(c)
}
(d)
means a malicious motive to cause
98
injury, not merely an intent to do the act purportedly resulting in the injury.
99
{
(d)
}
(e)
If an operator of
{
an
}
a marked
authorized emergency vehicle complies
with the requirements
100
described in Subsections (4) and (5) while operating the
marked
authorized emergency vehicle, the
101
operator shall be deemed to have met the operator's duty to act as a reasonably prudent
102
emergency vehicle operator in like circumstances.
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LRGC
shalverson
shalverson
U 02/27/14 9:19a