SB 1104 Grants immunity to law enforcement agencies for damages caused by criminals involved in vehicle pursuits
Sponsor: Kennedy Co-Sponsor(s)
LR Number: 4683S.01I Fiscal Note: 4683-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/31/2008 - Hearing Conducted S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1104 - Under this act, a law enforcement agency employing peace officers which adopts a written policy on vehicular pursuits complying with the provisions of the act is immune from liability for civil damages for personal injury to or death of any person or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being pursued by a peace officer. The adoption of a vehicle pursuit policy by a law enforcement agency is discretionary. The failure of any law enforcement agency shall not be introduced in any action or proceeding against the law enforcement agency, political subdivision, or law enforcement officer, that seeks recovery for injury, death, or damage arising out of the operation of a vehicle during the pursuit of a person.

All peace officers of the political subdivision or law enforcement agency shall certify in writing that they have received, read, and understand the policy. The failure of an individual peace officer to sign a certification shall not be used to impose liability on an individual peace officer or the peace officer's employing law enforcement agency.

The act sets forth the minimum standards of what a vehicle pursuit policy must contain. The written policy requirements set forth in the act represent minimum policy standards and do not limit a political subdivision or law enforcement agency from adopting additional policy requirements.

The immunity afforded by the provisions of this section shall only apply to causes of action arising on or after August 28, 2008.

STEPHEN WITTE