Senate
File
2090
-
Introduced
SENATE
FILE
2090
BY
McCOY
A
BILL
FOR
An
Act
imposing
a
duty
of
reasonable
assistance
on
a
person
1
present
at
the
scene
of
an
emergency
or
accident.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5677XS
(5)
84
rh/nh
S.F.
2090
Section
1.
Section
613.17,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
a.
A
person
who
is
present
at
the
scene
of
an
emergency
3
or
accident
who
knows
that
another
person
involved
in
the
4
emergency
or
accident
is
likely
to
suffer
or
has
suffered
5
serious
physical
injury
shall,
to
the
extent
that
the
person
6
can
do
so
without
danger
to
self
or
others,
give
reasonable
7
assistance
to
the
person.
Reasonable
assistance
may
include
8
obtaining
or
attempting
to
obtain
aid
from
law
enforcement
or
9
medical
personnel.
10
b.
A
person,
who
in
good
faith
renders
emergency
care
or
11
assistance
without
compensation,
shall
not
be
liable
for
any
12
civil
damages
for
acts
or
omissions
occurring
at
the
place
of
13
an
emergency
or
accident
or
while
the
person
is
in
transit
to
14
or
from
the
emergency
or
accident
or
while
the
person
is
at
or
15
being
moved
to
or
from
an
emergency
shelter
unless
such
acts
16
or
omissions
constitute
recklessness
or
willful
and
wanton
17
misconduct.
An
emergency
includes
but
is
not
limited
to
a
18
disaster
as
defined
in
section
29C.2
or
the
period
of
time
19
immediately
following
a
disaster
for
which
the
governor
has
20
issued
a
proclamation
of
a
disaster
emergency
pursuant
to
21
section
29C.6
.
22
a.
c.
For
purposes
of
this
subsection
,
if
a
volunteer
fire
23
fighter,
a
volunteer
operator
or
attendant
of
an
ambulance
24
or
rescue
squad
service,
a
volunteer
paramedic,
a
volunteer
25
emergency
medical
technician,
or
a
volunteer
registered
member
26
of
the
national
ski
patrol
system
receives
nominal
compensation
27
not
based
upon
the
value
of
the
services
performed,
that
person
28
shall
be
considered
to
be
receiving
no
compensation.
29
b.
d.
For
purposes
of
this
subsection
,
operation
of
a
30
motor
vehicle
in
compliance
with
section
321.231
by
a
volunteer
31
fire
fighter,
volunteer
operator,
or
attendant
of
an
ambulance
32
or
rescue
squad
service,
a
volunteer
paramedic,
or
volunteer
33
emergency
medical
technician
shall
be
considered
rendering
34
emergency
care
or
assistance.
35
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2090
c.
e.
For
purposes
of
this
subsection
,
a
person
rendering
1
emergency
care
or
assistance
includes
a
person
involved
in
a
2
workplace
rescue
arising
out
of
an
emergency
or
accident.
3
EXPLANATION
4
This
bill
imposes
a
duty
on
a
person
who
is
present
at
the
5
scene
of
an
emergency
or
accident
who
knows
that
another
person
6
involved
in
the
emergency
or
accident
is
likely
to
suffer
or
7
has
suffered
serious
physical
injury
shall,
to
the
extent
8
that
the
person
can
do
so
without
danger
to
self
or
others,
9
give
reasonable
assistance
to
the
injured
person.
Reasonable
10
assistance
may
include
obtaining
or
attempting
to
obtain
aid
11
from
law
enforcement
or
medical
personnel.
12
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5677XS
(5)
84
rh/nh
2/
2