2018 -- S 2808

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LC004832

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     

     Introduced By: Senators Morgan, Paolino, and Archambault

     Date Introduced: April 05, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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Action" is hereby amended to read as follows:

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

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

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

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

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

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

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conduct.

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

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

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

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

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

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omissions constituting gross negligence or willful or wanton conduct.

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

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

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

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

 

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

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

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

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organization for ultimate distribution to needy individuals.

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     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 or organization that provides food or wild

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game to a food pantry, food bank or DEM for ultimate distribution to needy individuals.

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     This act would take effect upon passage.

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