REPORT TITLE:
Duty to assist


DESCRIPTION:
Requires persons to assist others who are exposed to or have
suffered serious bodily injury. Exempts person providing
assistance from liability except for gross negligence or wanton
acts or omissions.  Repeals Hawaii Revised Statutes section 663-
1.6 and incorporates the text of that section herein. (HB885
HD2)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        885
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO HAWAII GOOD SAMARITAN LAW.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 710, Hawaii Revised Statutes is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "710-    Duty to assist.  (a)  Any person at the scene of a
 
 5 crime who knows that a victim of the crime is suffering from
 
 6 serious bodily injury shall obtain or attempt to obtain aid from
 
 7 law enforcement or medical personnel if the person can do so
 
 8 without danger or peril to any person.  Any person who violates
 
 9 this subsection is guilty of a petty misdemeanor.
 
10      (b)  Any person at the scene of an emergency who knows that
 
11 another person is exposed to or has suffered serious bodily
 
12 injury shall, to the extent that the person can do so without
 
13 danger or peril to self or others, give reasonable assistance to
 
14 the exposed person.  Reasonable assistance may include obtaining
 
15 or attempting to obtain aid from law enforcement or medical
 
16 personnel.  A person who violates this subsection is guilty of a
 
17 violation.
 
18      (c)  Any person who provides reasonable assistance in
 
19 compliance with subsections (a) and (b) shall not be liable in
 
20 civil damages unless the person's acts constitute gross
 

 
Page 2                                                     885
                                     H.B. NO.           H.D. 2        
                                                        
                                                        

 
 1 negligence or wanton acts or omissions, or unless the person
 
 2 receives or expects to receive remuneration.  Nothing contained
 
 3 in this subsection shall alter existing law with respect to tort
 
 4 liability of a physician licensed to practice under the laws of
 
 5 this State committed in the ordinary course of the physician's
 
 6 practice.
 
 7      (d)  Any person who fails to provide reasonable assistance
 
 8 in compliance with subsections (a) and (b) shall not be liable
 
 9 for any civil damages.
 
10      (e)  A person has no duty under this section if the person
 
11 reasonably believed that law enforcement authorities or medical
 
12 personnel have been or will be notified."
 
13      SECTION 2.  Section 663-1.6, Hawaii Revised Statutes is
 
14 repealed.
 
15      "[[663-1.6]  Duty to Assist.(a) Any person at the scene of
 
16 a crime who knows that a victim of the crime is suffering from
 
17 serious physical harm shall obtain or attempt to obtain aid from
 
18 law enforcement or medical personnel if the person can do so
 
19 without danger or peril to any person. Any person who violates
 
20 this subsection is guilty of a petty misdemeanor.
 
21      (b)  Any person who provides reasonable assistance in
 
22 compliance with subsection (a) shall not be liable in civil
 
23 damages unless the person's acts constitute gross negligence or
 

 
Page 3                                                     885
                                     H.B. NO.           H.D. 2        
                                                        
                                                        

 
 1 wanton acts or omissions, or unless the person receives or
 
 2 expects to receive remuneration. Nothing contained in this
 
 3 subsection shall alter existing law with respect to tort
 
 4 liability of a physical licensed to practice under the laws of
 
 5 this State committed in the ordinary course of the physician's
 
 6 practice.
 
 7      (c)  Any person who fails to provide reasonable assistance
 
 8 in compliance with subsection (a) shall not be liable for any
 
 9 civil damages.]"
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.