California 2009-2010 Regular Session Status: Enacted

AB 83 — Torts: personal liability immunity.

Last action — Chaptered by Secretary of State - Chapter 77, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 23, 2008. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 22 sponsors

    1 primary, 21 co-sponsors signed on.

  • 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

Action History

  1. Chaptered by Secretary of State - Chapter 77, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:30 p.m.

  4. Ordered returned to enrollment.

  5. Withdrawn from Governor.

  6. Enrolled and to the Governor at 3 p.m.

  7. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 2262.)

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 24 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 40. Noes 0. Page 1377.)

  10. Ordered to Special Consent Calendar.

  11. Read second time, amended, and to third reading.

  12. From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 9).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  14. Referred to Com. on JUD.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 75. Noes 0. Page 556.)

  17. Read second time. To third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (March 3).

  20. Re-referred to Com. on JUD.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  22. Re-referred to Com. on JUD.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  24. Referred to Com. on JUD.

  25. Read first time.

  26. From printer. May be heard in committee January 23.

  27. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 3000
Republican 3000
Total 87004
% 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

Official roll call →

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% 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

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% 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

Official roll call →

Passed 86 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 79005
Democratic 4001
Republican 3000
Total 86006
% 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

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% 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

Official roll call →

Subjects

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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?
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