AB 83 — Torts: personal liability immunity.
Last action — Chaptered by Secretary of State - Chapter 77, Statutes of 2009.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 23, 2008. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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22 sponsors
1 primary, 21 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical or nonmedical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would also provide that any person, not including medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission, as long as that act or omission does not constitute gross negligence or willful or wanton misconduct. This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Chaptered 08/06/09 - Chaptered Current pdf August 06, 2009
- Enrolled 06/26/09 - Enrolled pdf June 26, 2009
- Amended 06/15/09 - Amended Senate pdf June 15, 2009
- Amended 05/06/09 - Amended Senate pdf May 06, 2009
- Amended 03/05/09 - Amended Assembly pdf March 05, 2009
- Amended 02/26/09 - Amended Assembly pdf February 26, 2009
- Amended 02/05/09 - Amended Assembly pdf February 05, 2009
- Introduced 12/23/08 - Introduced pdf December 23, 2008
- AB83 View text html
Action History
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Chaptered by Secretary of State - Chapter 77, Statutes of 2009.
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Approved by the Governor.
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Enrolled and to the Governor at 2:30 p.m.
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Ordered returned to enrollment.
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Withdrawn from Governor.
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Enrolled and to the Governor at 3 p.m.
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Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 2262.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 24 pursuant to Assembly Rule 77.
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Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 40. Noes 0. Page 1377.)
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Ordered to Special Consent Calendar.
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Read second time, amended, and to third reading.
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From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 9).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 75. Noes 0. Page 556.)
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Read second time. To third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (March 3).
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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Read first time.
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From printer. May be heard in committee January 23.
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Introduced. To print.
Sponsors
- Anderson · Cosponsor
- Benoit · Cosponsor
- Blakeslee · Cosponsor
- Brownley · Cosponsor
- Fletcher · Cosponsor
- Jones · Cosponsor
- John A. Perez · Cosponsor
- DeSaulnier · Cosponsor
- Evans · Cosponsor
- Eng · Cosponsor
- Fuentes · Cosponsor
- Feuer · Primary
- Harman · Cosponsor
- Hill · Cosponsor
- Huffman · Cosponsor
- Knight · Cosponsor
- Lieu · Cosponsor
- Ma · Cosponsor
- Monning · Cosponsor
- Nielsen · Cosponsor
- Tran · Cosponsor
- Yamada · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 21 co-sponsors · 100 not signed on
Sponsors (1)
- Feuer
Co-sponsors (21)
- Anderson
- Benoit
- Blakeslee
- Brownley
- Fletcher
- Jones
- John A. Perez
- DeSaulnier
- Evans
- Eng
- Fuentes
- Harman
- Hill
- Huffman
- Knight
- Lieu
- Ma
- Monning
- Nielsen
- Tran
- Yamada
Not signed on (100)
100 members have not signed on to this bill.
Show all 100 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 81 | 0 | 0 | 4 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 87 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Bill | — | Yea |
| Tom | — | Yea |
| Evans | — | Yea |
| Feuer | — | Yea |
| Fuller | — | Yea |
| Charles | — | Yea |
| Furutani | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Harkey | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Huber | — | Yea |
| Jeffries | — | Yea |
| Fletcher | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Coto | — | Yea |
| Davis | — | Yea |
| Duvall | — | Yea |
| Knight | — | Yea |
| Ma | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Audra | — | Yea |
| Galgiani | — | Not Voting |
| Bass | — | Yea |
| Nestande | — | Not Voting |
| Skinner | — | Yea |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Tran | — | Yea |
| Villines | — | Yea |
| Adams | — | Yea |
| Anderson | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hernandez | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Lieu | — | Not Voting |
| Logue | — | Not Voting |
| Miller | — | Yea |
| Nielsen | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Emmerson | — | Yea |
| Eng | — | Yea |
| DeVore | — | Yea |
| Yamada | — | Yea |
| Fuentes | — | Yea |
| Garrick | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Wyland | — | Yea |
| Cedillo | — | Yea |
| Cogdill | — | Yea |
| Hollingsworth | — | Yea |
| Huff | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Lowenthal | — | Yea |
| Negrete | — | Yea |
| Runner | — | Yea |
| McLeod | — | Yea |
| Alquist | — | Yea |
| Ducheny | — | Yea |
| Dutton | — | Yea |
| Oropeza | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Romero | — | Yea |
| Walters | — | Yea |
| Wolk | — | Yea |
| Wright | — | Yea |
| Aanestad | — | Yea |
| Ashburn | — | Yea |
| Benoit | — | Yea |
| Harman | — | Yea |
| Kehoe | — | Yea |
| Maldonado | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Wiggins | — | Yea |
| Corbett | — | Yea |
| Correa | — | Yea |
| Cox | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Yea |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Florez | — | Yea |
| Leno | — | Yea |
| Corbett | — | Yea |
| Harman | — | Yea |
| Walters | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 79 | 0 | 0 | 5 |
| Democratic | 4 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 86 | 0 | 0 | 6 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Bill | — | Yea |
| Berryhill | — | Yea |
| Tom | — | Yea |
| Adams | — | Yea |
| Ammiano | — | Yea |
| Anderson | — | Yea |
| Beall | — | Yea |
| Berryhill | — | Yea |
| Eng | — | Yea |
| Feuer | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Yea |
| Galgiani | — | Yea |
| Gilmore | — | Yea |
| Hagman | — | Yea |
| Harkey | — | Yea |
| Hayashi | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| Fletcher | — | Yea |
| Gaines | — | Yea |
| Bonnie | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Coto | — | Yea |
| Davis | — | Yea |
| Duvall | — | Yea |
| Jeffries | — | Yea |
| Knight | — | Yea |
| Logue | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Monning | — | Yea |
| Nestande | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Torrico | — | Yea |
| Tran | — | Yea |
| Charles | — | Not Voting |
| Lieu | — | Not Voting |
| Price | — | Not Voting |
| Bass | — | Yea |
| Blakeslee | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hernandez | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Ma | — | Yea |
| Nava | — | Yea |
| Nielsen | — | Yea |
| Ruskin | — | Not Voting |
| Smyth | — | Yea |
| Torlakson | — | Not Voting |
| Torres | — | Yea |
| Villines | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| DeVore | — | Yea |
| Yamada | — | Yea |
| Fuller | — | Yea |
| Garrick | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Fong, Mike | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Feuer | — | Yea |
| Krekorian | — | Yea |
| Lieu | — | Yea |
| Tran | — | Yea |
| Brownley | — | Yea |
| Knight | — | Yea |
| Monning | — | Yea |
| Nielsen | — | Yea |
| Evans | — | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 83 do?
- Existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would instead provide that medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical or nonmedical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission. This bill would also provide that any person, not including medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission, as long as that act or omission does not constitute gross negligence or willful or wanton misconduct. This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors AB 83?
- AB 83 is sponsored by Anderson, Benoit, Blakeslee, Brownley, Fletcher, Jones, John A. Perez, DeSaulnier, Evans, Eng, Fuentes, Feuer, Harman, Hill, Huffman, Knight, Lieu, Ma, Monning, Nielsen, Tran, and Yamada.
- What is the current status of AB 83?
- This bill has been enacted into law. Introduced December 23, 2008. Enacted.
- Where can I track AB 83?
- Track AB 83 free on One Click Politics — get push/email alerts when it moves.
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