Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
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word NEW will appear in that style type in the introductory clause of each SECTION that
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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
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
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
(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
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
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