HOUSE BILL 372

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Tim D. Lewis

AN ACT

RELATING TO CIVIL LIABILITY; AMENDING SECTIONS OF THE NMSA 1978 TO PROVIDE IMMUNITY TO PERSONS WHO COME TO THE AID OR RESCUE OF ANOTHER REGARDLESS OF REMUNERATION OR EXPECTATION OF REMUNERATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-10-3 NMSA 1978 (being Laws 1963, Chapter 59, Section 1, as amended) is amended to read:

     "24-10-3. PERSONS COMING TO AID OR RESCUE OF ANOTHER-- RENDERING EMERGENCY CARE--RELEASE FROM LIABILITY.--[No]

          A. A person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall not be held liable for any civil damages as a result of any action or omission by that person in providing that care or assistance, except when liable for an act of gross negligence [but nothing in this section applies to the provision of emergency care or assistance when it is rendered for remuneration or with the expectation of remuneration or is rendered by a person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration].

          B. This section applies regardless of whether compensation is provided, expected or promised in return for care or assistance or whether the person rendering aid or rescue was at the scene of the accident or emergency because that person was soliciting business or performing or seeking to perform a service in return for remuneration."

     SECTION 2. Section 24-10-4 NMSA 1978 (being Laws 1963, Chapter 59, Section 2, as amended) is amended to read:

     "24-10-4. EMERGENCY DEFINED.--As used in [Sections] Section 24-10-3 [and 24-10-4] NMSA 1978, "emergency" means an unexpected occurrence of injury or illness occurring in public or private places to a person that results from:

          A. motor vehicle accidents and collisions;

          B. acts of God; [and]

          C. an event giving rise to a proclamation declaring an emergency pursuant to the All Hazard Emergency Management Act; and

          [C.] D. other accidents and events of similar nature."

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