GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	2 

SENATE BILL 997
Judiciary Committee Substitute Adopted 4/30/97

Short Title:  Ignore Emergency Warning.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A PERSON WHO IGNORES A WARNING REGARDING PERSONAL SAFETY IN A DISASTER SITUATION AND PLACES HIMSELF OR HERSELF OR ANOTHER IN DANGER AND REQUIRES AN EMERGENCY RESCUE IS CIVILLY LIABLE FOR THE COSTS OF THE RESCUE EFFORT.
The General Assembly of North Carolina enacts:
Section 1.  Article 36A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-288.21.  Willfully ignore warning in a disaster.
(a)	In a disaster as defined by G.S. 166A-4, a person shall comply with warnings regarding personal safety issued by a federal, State, or local law enforcement agency, emergency management agency, or other governmental agency responsible for emergency management under G.S. 166A-5, 166A-7, or 166A-8.  A person who willfully ignores such warning is civilly liable for the cost of a rescue effort to any governmental agency or nonprofit agency cooperating with a governmental agency conducting a rescue on the endangered person's behalf if:
(1)	The person ignores the warning, and: (i) engages in an activity or course of action that a reasonable person would not pursue, or (ii) fails to take a course of action that a reasonable person would pursue;
(2)	As a result of ignoring the warning the person places himself or herself or another in danger; and
(3)	A governmental rescue effort is undertaken on the endangered person's behalf."
Section 2.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.