Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that expands protections for police officers in lawsuits brought against them that result from chases.

Highlights:

• Specifies that the operator of a “marked authorized emergency vehicle” owes no “duty of care” to an individual who meets any of the following criteria (Sec. 1):
• Is a suspect in the commission of a crime and is evading, fleeing, or otherwise attempting to elude the operator of a marked authorized emergency vehicle; or
• Is voluntarily in a motor vehicle with a suspect in the commission of a crime and is evading, fleeing, or otherwise attempting to elude the operator of a marked authorized emergency vehicle.

• Defines “marked authorized emergency vehicle” as a vehicle that meets the following requirements (Sec. 1):
• The vehicle has emergency lights affixed to the top of the vehicle; or
• The vehicle is displaying an identification mark designating the vehicle as the property of an entity that is authorized to operate emergency vehicles in a conspicuous place on both sides of the vehicle.

• Specifies that the operator of a marked authorized emergency vehicle may be held liable for an individual’s injuries if he or she had “actual intent” to cause harm to the individual in an act that is unrelated to the legitimate object of the arrest (Sec. 1).

• Defines “actual intent” as a malicious motive to cause injury, not merely an intent to do the act resulting in the injury (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands protections for police officers in lawsuits brought against them that result from chases.

Highlights:

• Specifies that the operator of a “marked authorized emergency vehicle” owes no “duty of care” to an individual who meets any of the following criteria (Sec. 1):
• Is a suspect in the commission of a crime and is evading, fleeing, or otherwise attempting to elude the operator of a marked authorized emergency vehicle; or
• Is voluntarily in a motor vehicle with a suspect in the commission of a crime and is evading, fleeing, or otherwise attempting to elude the operator of a marked authorized emergency vehicle.

• Defines “marked authorized emergency vehicle” as a vehicle that meets the following requirements (Sec. 1):
• The vehicle has emergency lights affixed to the top of the vehicle; or
• The vehicle is displaying an identification mark designating the vehicle as the property of an entity that is authorized to operate emergency vehicles in a conspicuous place on both sides of the vehicle.

• Specifies that the operator of a marked authorized emergency vehicle may be held liable for an individual’s injuries if he or she had “actual intent” to cause harm to the individual in an act that is unrelated to the legitimate object of the arrest (Sec. 1).

• Defines “actual intent” as a malicious motive to cause injury, not merely an intent to do the act resulting in the injury (Sec. 1).

Full Bill Text