ASSEMBLY, No. 439

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROMA

An Act concerning immunity from liability for civil damage under certain circumstances for certain off-duty law enforcement officers and firefighters, and amending P.L.1963, c.140.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1963, c.140 (C.2A:62A-1) is amended to read as follows:

    1. Any individual, including (a) a person licensed to practice any method of treatment of human ailments, disease, pain, injury, deformity, mental or physical condition, or licensed to render services ancillary thereto, or (b) any person who is a volunteer member of a duly incorporated first aid and emergency or volunteer ambulance or rescue squad association, or (c) any municipal, county or State law enforcement officer or firefighter, whether volunteer or paid, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof, or while transporting the victim or victims thereof to a hospital or other facility where treatment or care is to be rendered, shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.

(cf: P.L.1987, c.296, s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill clarifies that the immunity granted under the Good Samaritan Act (N.J.S.2A:62A-1 et seq.) specifically covers municipal, county and State law enforcement officers and volunteer and paid firemen who render emergency assistance at accident scenes.

    Under the common law, while a person was under no obligation to provide emergency assistance at the scene of an accident, a person could be held civilly liable if he choose to do so and then acted in a negligent manner. In order to encourage individuals to render assistance at accident scenes, many states including New Jersey enacted Good Samaritan Acts which provide civil immunity in emergency situations.

    New Jersey's Good Samaritan Act currently provides immunity to any individual who in good faith renders emergency care at an accident scene. Under the current law, health care professionals and volunteer first aid and emergency squad workers specifically are included. However, in Praet v. Borough of Sayreville 218 N.J. Super. 218 (App. Div. 1987), the appellate division held that the provisions of the Good Samaritan Act did not apply to municipal police officers on the grounds that law enforcement officers have a duty to render emergency assistance at accident scenes. This bill is intended to reverse the holding in the Praet case.

Provides immunity from liability for certain law enforcement officers and firefighters.