GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 352

 

 

Short Title:        Standard of Proof/Public Safety Dispatchers.		(Public)
Sponsors:	Representative Torbett (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Judiciary II.

March 26, 2015

A BILL TO BE ENTITLED

AN ACT to ALTER THE STANDARD OF PROOF for Public Safety Telecommunicators and Dispatchers.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 99E of the General Statutes is amended by adding a new Article to read:

"Article 7.

"Liability for Public Safety Telecommunicators and Dispatchers.

"§ 99E‑56.  Standard of proof.

Any persons acting within the capacity of a 911 or public safety telecommunicator or dispatcher at a public safety answering point who is sued in a civil action arising from the performance of any lawful and prescribed actions pertaining to the person's assigned job duties shall be entitled to a standard of clear and convincing evidence in a court of law. For purposes of this Article, "public safety answering point" (PSAP) shall be defined as in G.S. 62‑40."

SECTION 2.  This act is effective when it becomes law and applies to any cause of action arising on or after that date.