2017 -- S 0060

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LC000308

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

     Introduced By: Senators Morgan, Lombardo, Kettle, Algiere, and Raptakis

     Date Introduced: January 18, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-1-27.1 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

     9-1-27.1. Good Samaritan -- Immunity from liability.

     (a) No person who voluntarily and gratuitously renders emergency assistance to a person

in need thereof including the administration of life saving treatment to those persons suffering

from anaphylactic shock shall be liable for civil damages which result from acts or omissions by

such persons rendering the emergency care, which may constitute ordinary negligence. This

immunity does not apply to acts or omissions constituting gross negligence or willful or wanton

conduct.

     (b) No person who voluntarily and gratuitously donates food or wild game to a food

pantry, food bank, the Rhode Island department of environmental management, or to a person in

need shall be liable for civil or criminal damages which result from acts or omissions by such

persons rendering the assistance and donations of food or game, which may constitute ordinary

negligence, as long as the person acted in good faith. This immunity does not apply to acts or

omissions constituting gross negligence or willful or wanton conduct.

     (c) No person who provides, collects or gathers food pursuant to subsection (b) of this

section shall be subject to civil or criminal liability arising from the nature, age, packaging or

condition of apparently wholesome food or an apparently fit grocery product that the person

donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.

     (d) No nonprofit organization shall be subject to civil or criminal liability arising from the

nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery

product that the nonprofit organization received as a donation in good faith from any person or

organization for ultimate distribution to needy individuals.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

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     This act would provide immunity to any person that provides food or wild game to a food

pantry, food bank or DEM for ultimate distribution to needy individuals. This immunity would

not extend to gross negligence or willful or wanton conduct.

     This act would take effect upon passage.

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