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Senate debates HB 20, a bill that changes civil redress for injuries during police pursuits

Utah State Senate · March 4, 2014
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Summary

Senators debated second-substitute HB 20 on emergency-vehicle operator duty of care; sponsors said the bill preserves officer accountability under agency policy while limiting certain negligence claims by fleeing suspects; a call of the Senate delayed the floor vote before the measure advanced.

The Senate debated second-substitute House Bill 20, which revises civil liability provisions related to emergency-vehicle operation and police pursuits.

Sponsor Senator Weiler told the chamber the substitute ‘‘does not relieve an officer of responsibility to act reasonably’’ and ‘‘does not relieve an officer of the duty to comply with the agency's pursuit policies, which are already in statute.’’ The sponsor said the bill is not intended to bar accountability: it preserves departments’ ability to discipline officers who violate pursuit policies.

Several senators focused on whether individuals injured during a police pursuit would be able to bring negligence claims. One senator argued that, without the ability to bring a negligence claim, a jury would never be able to assess whether an officer disregarded training and whether that conduct caused injury or damages. Another lawmaker summarized the choice in plain terms: if a person believes a fleeing suspect should not be able to sue the state for injuries incurred during a chase, ‘‘vote yes for the bill’’; if they disagree, ‘‘vote no.’’

Because several members were temporarily off the floor, a senator requested a call of the Senate before final voting; the call was lifted after members returned and the sponsor moved the substitute. The roll-call details and final disposition will be recorded in the Senate journal.

Next steps: The sponsor moved the bill for consideration; senators were prepared to proceed to a roll call after the call of the Senate was lifted.