SENATE FILE 2090

BY  McCOY

A BILL FOR

An Act imposing a duty of reasonable assistance on a person present at the scene of an emergency or accident.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 613.17, subsection 1, Code 2011, is amended to read as follows:
   1.
  a.  A person who is present at the scene of an emergency or accident who knows that another person involved in the emergency or accident is likely to suffer or has suffered serious physical injury shall, to the extent that the person can do so without danger to self or others, give reasonable assistance to the person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel.
   b.  A person, who in good faith renders emergency care or assistance without compensation, shall not be liable for any civil damages for acts or omissions occurring at the place of an emergency or accident or while the person is in transit to or from the emergency or accident or while the person is at or being moved to or from an emergency shelter unless such acts or omissions constitute recklessness or willful and wanton misconduct. An emergency includes but is not limited to a disaster as defined in section 29C.2 or the period of time immediately following a disaster for which the governor has issued a proclamation of a disaster emergency pursuant to section 29C.6.
   a.

c.  For purposes of this subsection, if a volunteer fire fighter, a volunteer operator or attendant of an ambulance or rescue squad service, a volunteer paramedic, a volunteer emergency medical technician, or a volunteer registered member of the national ski patrol system receives nominal compensation not based upon the value of the services performed, that person shall be considered to be receiving no compensation.
   b.

d.  For purposes of this subsection, operation of a motor vehicle in compliance with section 321.231 by a volunteer fire fighter, volunteer operator, or attendant of an ambulance or rescue squad service, a volunteer paramedic, or volunteer emergency medical technician shall be considered rendering emergency care or assistance.
   c.

e.  For purposes of this subsection, a person rendering emergency care or assistance includes a person involved in a workplace rescue arising out of an emergency or accident.
EXPLANATION
   This bill imposes a duty on a person who is present at the scene of an emergency or accident who knows that another person involved in the emergency or accident is likely to suffer or has suffered serious physical injury shall, to the extent that the person can do so without danger to self or others, give reasonable assistance to the injured person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel.