Senate Bill No. 383

(By Senators Wells, Unger, Snyder, Jenkins, McCabe, Stollings, Plymale, Klempa, D. Facemire, Nohe, Yost and Sypolt)

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[Introduced February 2, 2011; referred to the Committee on Military; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1F-12, relating to limiting the liability of military personnel who respond to local emergencies and calls for assistance.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-1F-12, to read as follows:
ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.
§15-1F-12. Limiting liability of military personnel.
(a) A member of the West Virginia National Guard called to state active duty or active duty under Title 32 of the United States Code in the event of a disaster, emergency or other official duty has the privileges and immunities afforded to state officers and employees as provided in this code, and is not liable for civil damages for any alleged act, to include negligence or omission which is claimed to have occurred during the rendering of that assistance, unless the act is determined to be willful and wanton or constitutes gross negligence.
(b) A member of the West Virginia National Guard called to state active duty to aid the civil authorities in executing the laws of the state, suppressing insurrection, repelling invasion or promoting the health, safety and welfare of the citizens of this state is considered a law-enforcement officer and shall be afforded the privileges and immunities afforded law-enforcement officers under this code, and is not liable for civil damages for any alleged act, to include negligence or omission which is claimed to have occurred during the rendering of that assistance, unless that act is determined to be willful and wanton or constitutes gross negligence.
(c) A member of a military police organization, military fire department or unit detailed with a similar task, while in a military duty status, who, at the request of a local official, authority or a law-enforcement personnel, responds to a call for assistance, is not liable for civil damages for any alleged act, to include negligence or omission which is claimed to have occurred during the rendering of that assistance, unless that act is determined to be willful and wanton or constitutes gross negligence.

NOTE: The purpose of this bill is to limit the liability of military personnel who respond to local emergencies and calls for assistance.


This section is new; therefore, strike-throughs and underscoring have been omitted.