House committee substitute makes the following changes to the 1st edition.
Changes the title.
Rewrites new GS 99E-41, changing the catchphrase toStandard of Proof (was, Immunity).Provides thatin any civil action arising from a 911 orpublic safety telecommunicator or dispatcher's performance of lawful and prescribed assigned job duties at a public safety answering point (PSAP), the individual is entitled toa standard of clear and convincing evidence in a court of law (was, conferred the same immunities on persons performing duties at a PSAP as those of a sworn law enforcement officer).
DefinesPSAP as it is defined in GS 62-40. Deletes requirement that any civil claim arising from the action or inaction of public safety telecommunicators and dispatchers must be filed within two years of the occurrence dateor be forever barred.
Applies to any cause of action arising on or after the bill becomes law.
STANDARD OF PROOF/PUBLIC SAFETY DISPATCHERS (NEW).
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View NCGA Bill Details(link is external) | 2013-2014 Session |
AN ACT TO ALTER THE STANDARD OF PROOF FOR PUBLIC SAFETY TELECOMMUNICATORS AND DISPATCHERS.Intro. by Torbett.
Bill History:
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Tue, 12 Feb 2013 House: Filed(link is external)
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Wed, 13 Feb 2013 House: Passed 1st Reading(link is external)
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Wed, 13 Feb 2013 House: Ref To Com On Judiciary Subcommittee A(link is external)
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Thu, 7 Mar 2013 House: Reptd Fav Com Substitute(link is external)
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Thu, 7 Mar 2013 House: Cal Pursuant Rule 36(b)(link is external)
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Thu, 7 Mar 2013 House: Placed On Cal For 03/11/2013(link is external)
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Mon, 11 Mar 2013 House: Passed 2nd Reading(link is external)
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Mon, 11 Mar 2013 House: Passed 3rd Reading(link is external)
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Tue, 12 Mar 2013 Senate: Rec From House(link is external)
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Tue, 12 Mar 2013 Senate: Passed 1st Reading(link is external)
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Tue, 12 Mar 2013 Senate: Ref To Com On Judiciary II(link is external)
Bill Summaries:
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Bill H 95 (2013-2014)Summary date: Mar 7 2013 - View Summary
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Bill H 95 (2013-2014)Summary date: Feb 12 2013 - View Summary
Enacts new Article 5, Liability for Public Safety Telecommunications and Dispatchers, to GS Chapter 99E. Provides that 911 or public safety telecommunicators or dispatchers at a primary or secondary public safety answering point (PSAP) have the same immunities asconferred on a sworn law enforcement officer for the performance of any lawful and prescribed actions associated with their assigned job duties. Defines PSAP as the term is defined in GS 62-40.
Provides that a civil claim against 911 or public safety telecommunicators or dispatchers at a primary or secondary PSAP, which allegedly arises from their action or inaction, must be filed within two years of the date of the occurrence or it will be forever barred.
Effective when the act becomes law and applies to any cause of action arising on or after that date.