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HOUSE ENROLLED ACT No. 1040




     AN ACT to amend the Indiana Code concerning civil procedure.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 34-30-2-156.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 156.5. IC 36-8-23 (Concerning community fast responders).
    SECTION 2. IC 36-8-23 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 23. Community Fast Responders
    Sec. 1. As used in this chapter, "community fast responder" means a volunteer who may be summoned to perform cardiopulmonary resuscitation, defibrillation, or other emergency services under the direction of a nonprofit corporation.
    Sec. 2. As used in this chapter, "community fast responder nonprofit corporation" means a nonprofit corporation that organizes or directs community fast responders. The term, for purposes of this chapter, does not include a hospital or an entity operated or directed by a hospital.
    Sec. 3. IC 34-30-12-1 (the good Samaritan statute) applies to a community fast responder.
    Sec. 4. IC 16-31-6 applies to a community fast responder.
    Sec. 5. (a) This section applies if:
        (1) a county adopts an ordinance approving the provision of community fast responder services by a community fast responder nonprofit corporation; and
        (2) the community fast responder nonprofit corporation purchases an insurance policy described in subsection (b).
    (b) A community fast responder nonprofit corporation shall purchase an insurance policy that provides at least seven hundred thousand dollars ($700,000) of insurance coverage for the liability of all of the corporation's community fast responders for bodily injury or property damage caused by the corporation's community fast responders acting within the scope of their duties.
    (c) The civil liability of a community fast responder for:
        (1) an act that is within the scope of a community fast responder's duties; or
        (2) the failure to do an act that is within the scope of a community fast responder's duties;
while performing emergency services or while traveling to the scene of an emergency or from the scene of an emergency is limited to the coverage provided by the insurance policy purchased under this section. A community fast responder may not be named in a lawsuit as a nonparty and is not liable for punitive damages for any act that is within the scope of the community fast responder's duties.
    (d) The civil liability of a community fast responder nonprofit corporation is limited to five million dollars ($5,000,000) for injury to or death of all persons in an occurrence. A community fast responder nonprofit corporation is not liable for punitive damages.
    Sec. 6. A county that adopts an ordinance under section 5(a)(1) of this chapter is immune from civil liability in accordance with IC 34-13-3-3.





Speaker of the House of Representatives



President of the Senate



President Pro Tempore



Governor of the State of Indiana

Date:


                Time:


HEA 1040

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