An Act Amending the So-called "Good Samaritan" Laws

Sec. 1. 14 MRSA §164,  as amended by PL 1977, c. 69, is further amended to read:

§ 164. Immunity from civil liability

Notwithstanding any inconsistent provisions of any public or private and special law, any person who voluntarily, without the expectation of monetary or other compensation from the person aided or treated, renders first aid, emergency treatment or rescue assistance to a person who is unconscious, ill, injured or in need of rescue assistance, shall or provides shelter or housing to a homeless person is not be liable for damages for injuries alleged to have been sustained by such person nor for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid, emergency treatment or rescue assistance, or the providing of shelter or housing, unless it is established that such the injuries or such death were caused willfully, wantonly or recklessly or by gross negligence on the part of such person. This section shall apply applies to members or employees of nonprofit volunteer or governmental ambulance, rescue or emergency units, whether or not a user or service fee may be charged by the nonprofit unit or the governmental entity and whether or not the members or employees receive salaries or other compensation from the nonprofit unit or the governmental entity. This section applies to a person, nonprofit organization or faith-based organization that, voluntarily and without the expectation of monetary or other compensation from the person aided, provides housing or shelter to a homeless person. This section shall does not be construed to require a person who is ill or injured to be administered first aid or emergency treatment if such that person objects thereto to first aid or emergency treatment on religious grounds. This section shall does not apply if such first aid or emergency treatment or assistance is rendered on the premises of a hospital or clinic.

summary

This bill amends to the so-called "Good Samaritan" statute, which provides immunity to a person who renders certain assistance to another person for no expectation of monetary or other compensation from the person aided. It adds immunity for any person, nonprofit organization or faith-based organization that provides shelter or housing to a homeless person.