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7 LONG TITLE
8 General Description:
9 This bill relates to the duty to assist in an emergency.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ makes it a class B misdemeanor to fail to provide assistance in the event of a crime
14 or another emergency;
15 ▸ amends provisions of the Good Samaritan Act to provide immunity from liability to
16 a person who provides assistance in accordance with the requirements of this bill;
17 and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78B-4-501, as renumbered and amended by Laws of Utah 2008, Chapter 3
26 ENACTS:
27 76-9-1101, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
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31 Section 1. Section 76-9-1101 is enacted to read:
32 76-9-1101. Failure to provide assistance.
33 (1) As used in this section:
34 (a) (i) "Assistance" means action that is reasonably likely to reduce the likelihood of an
35 individual suffering serious bodily injury, reduce the extent to which an individual suffers
36 serious bodily injury, or treat an individual who has suffered serious bodily injury.
37 (ii) "Assistance" includes contacting paramedics, fire protection, law enforcement, or
38 other appropriate emergency services.
39 (iii) "Assistance" does not include action that places the individual taking the action, or
40 another individual, in danger.
41 (b) "Emergency" means:
42 (i) that an individual is suffering from serious bodily injury and is in need of
43 assistance; or
44 (ii) an unexpected occurrence that is likely to result in serious bodily injury.
45 (c) "Serious bodily injury" means injury that involves a substantial risk of death,
46 unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted
47 loss or impairment of the function of a bodily member, organ, or mental faculty.
48 (2) An individual is guilty of a class B misdemeanor if the individual:
49 (a) knows that a crime is about to be committed, is being committed, or has been
50 committed, or knows that an emergency is occurring or has occurred;
51 (b) knows that another individual has suffered serious bodily injury or is about to suffer
52 serious bodily injury resulting from the crime or emergency;
53 (c) is able to provide reasonable assistance to the individual described in Subsection
54 (2)(b); and
55 (d) fails to provide reasonable assistance to the individual described in Subsection
56 (2)(b).
57 (3) An individual is not guilty of violating Subsection (2) if another individual has
58 already provided or is providing reasonable assistance to the individual described in Subsection
59 (2)(b).
60 Section 2. Section 78B-4-501 is amended to read:
61 78B-4-501. Good Samaritan Act.
62 (1) As used in this section:
63 (a) "Emergency" means an unexpected occurrence involving injury, threat of injury, or
64 illness to a person or the public, including motor vehicle accidents, disasters, actual or
65 threatened discharges, removal, or disposal of hazardous materials, and other accidents or
66 events of a similar nature.
67 (b) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
68 attempt to mitigate the effects of an emergency.
69 [
70 emergency, gratuitously and in good faith, or as required under Section 76-9-1101, is not liable
71 for any civil damages or penalties as a result of any act or omission by the person rendering the
72 emergency care, unless the person is grossly negligent or caused the emergency. [
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79 political subdivisions in the activities described in Subsections [
80 liable for any civil damages or penalties as a result of any act or omission unless the person
81 rendering assistance is grossly negligent in:
82 (a) implementing measures to control the causes of epidemic and communicable
83 diseases and other conditions significantly affecting the public health, or necessary to protect
84 the public health as set out in Title 26A, Chapter 1, Local Health Departments;
85 (b) investigating and controlling suspected bioterrorism and disease as set out in Title
86 26, Chapter 23b, Detection of Public Health Emergencies Act; and
87 (c) responding to a national, state, or local emergency, a public health emergency as
88 defined in Section 26-23b-102, or a declaration by the President of the United States or other
89 federal official requesting public health-related activities.
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91 protection in state or federal law that may apply.
Legislative Review Note
Office of Legislative Research and General Counsel