H. B. 2388


(By Delegates Bennett and Everson)

[Introduced February 7, 1995; referred to the

Committee on the Judiciary.]





A BILL to amend article seven-c, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-c, relating to providing immunity from civil liability for persons participating in recognized volunteer students-for-students public safety programs at colleges and universities in the state.

Be it enacted by the Legislature of West Virginia:
That article seven-c, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-c, to read as follows:
ARTICLE 7C. IMMUNITY FROM CIVIL LIABILITY FOR QUALIFIED


DIRECTORS AND MEMBERS OF CERTAIN GOVERNMENTAL AND NONPROFIT ENTITIES.

ยง55-7C-3c. Immunity from civil liability for volunteer

students-for-students public safety service.

Any person who serves as an officer or member of a recognized volunteer students-for-students public safety service at a college or university located in this state which is qualified as a tax-exempt organization under section 501(c) of the Internal Revenue Code of 1986, as amended, and who is not compensated for these services on a salary or prorated equivalent basis shall be immune from civil damages for any acts or omissions resulting in any injury, death or loss to person or property arising from volunteer services rendered by the person if:
(a) The officer or member received appropriate training necessary for the proper execution of his or her duties as an officer or member of a safety service;
(b) The officer or member was acting in good faith and the services rendered were reasonable under the circumstances;
(c) The acts or omissions resulting in an injury, death or loss to person or property did not amount to gross negligence, wanton disregard or conduct or intentional wrongdoing; and
(d) The acts or omissions resulting in an injury, death or loss to person or property did not occur while the volunteer was operating or responsible for the operation of a motor vehicle.
The provisions of this section coincide with, but are not limited by, the other provisions of this article.



NOTE: The purpose of this bill is to provide immunity from civil liability for persons serving in a recognized volunteer students-for-students public safety program at a college or university located in West Virginia.

This section is new; therefore, strike-throughs and underscoring have been omitted.