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AB-2591 Homeless services: nonprofit charitable organizations: immunity from civil liability.(2021-2022)

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Date Published: 02/18/2022 09:00 PM
AB2591:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2591


Introduced by Assembly Member Valladares
(Coauthors: Assembly Members Chen and Kiley)

February 18, 2022


An act to add Section 1714.02 to the Civil Code, relating to civil liability.


LEGISLATIVE COUNSEL'S DIGEST


AB 2591, as introduced, Valladares. Homeless services: nonprofit charitable organizations: immunity from civil liability.
Existing law generally provides that everyone is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by that person’s want of ordinary care or skill in the management of their property or person, except as specified.
This bill would exempt a nonprofit charitable organization, as defined, from civil liability for an injury occurring on its premises and resulting from the provision of services to homeless persons, unless the injury results from gross negligence or intentional misconduct.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read:

1714.02.
 (a)  A nonprofit charitable organization shall not be liable for an injury occurring on its premises and resulting from the provision of services to homeless persons unless the injury results from gross negligence or intentional misconduct in the provision of those services.
(b) (1) An injury resulting from the provision of services to homeless persons includes, but is not limited to, an injury caused by or to a homeless person who receives services on the premises of a nonprofit charitable organization.
(2) Services to homeless persons include, but are not limited to, a temporary shelter.
(3) For purposes of this section, “nonprofit charitable organization” has the same meaning as defined in Section 113841 of the Health and Safety Code.