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.
§55-7C-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.