REPORT TITLE: 
Duty to assist


DESCRIPTION:
Requires persons to assist others who are exposed to or have
suffered grave physical harm. Exempts person providing
assistance from liability except for gross negligence or wanton
acts or omissions.  Makes violation a petty misdemeanor.  (HB885
HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        885
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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.  The Hawaii Revised Statutes is amended by adding
 
 2 a new section to be appropriately designated and to read as
 
 3 follows:
 
 4      "   -    Duty to assist.  (a)  A person at the scene of an
 
 5 emergency who knows that another person is exposed to or has
 
 6 suffered grave physical harm shall, to the extent that the person
 
 7 can do so without danger or peril to self or others, give
 
 8 reasonable assistance to the exposed person.
 
 9      (b)  Any person who provides reasonable assistance in
 
10 compliance with subsection (a) shall not be liable for any civil
 
11 damages unless the person's acts constitute gross negligence or
 
12 wanton acts or omissions, or unless the person receives or
 
13 expects to receive remuneration.  Nothing contained in this
 
14 subsection shall alter existing law with respect to tort
 
15 liability of a physician licensed to practice under the laws of
 
16 this State committed in the ordinary course of the physician's
 
17 practice.
 
18      (c)  As used in this section, "reasonable assistance"
 
19 includes obtaining or attempting to obtain aid from law
 
20 enforcement or medical personnel.
 

 
Page 2                                                     885
                                     H.B. NO.           H.D.1
                                                        
                                                        

 
 1      (d)  A person who violates subsection (a) is guilty of a
 
 2 petty misdemeanor."
 
 3      SECTION 2.  New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.