§ 79-F — Liability for acts of persons assisting police officers

§ 79-f. Liability for acts of persons assisting police officers. 1.\nNotwithstanding any inconsistent provisions of law, general or special\nor local, the state shall save harmless and protect any person who, upon\nbeing lawfully commanded, renders assistance to a police officer\nemployed by the state in the performance of his duties, from any\nfinancial loss arising out of any claim, demand, suit or judgment by\nreason of alleged negligence, other than gross negligence, or an alleged\ntortious act of the person rendering such assistance which results in\nbodily injury or property damage; any political subdivision of the state\nshall save harmless and protect any person who, upon being lawfully\ncommanded, renders assistance to a police officer of such political\nsubdivision in the performance of his duties, from any financial loss\narising out of any claim, demand, suit or judgment by reason of alleged\nnegligence, other than gross negligence, or an alleged tortious act of\nthe person rendering such assistance which results in bodily injury or\nproperty damage; any agency of the state shall save harmless and protect\nany person who, upon being lawfully commanded, renders assistance to a\npolice officer of such agency in the performance of his duties, from any\nfinancial loss arising out of any claim, demand, suit or judgment by\nreason of alleged negligence, other than gross negligence, or an alleged\ntortious act of the person rendering such assistance which results in\nbodily injury or property damage.\n 2. The state or an agency or political subdivision thereof shall not\nbe subject to the duty imposed by this section, unless the person who\nrendered assistance shall, within ten days of the time he is served with\nany summons, complaint, process, notice, demand or pleading, deliver the\noriginal or a copy thereof to the chief legal officer of the state or\nagency or political subdivision thereof, as the case may be.\n 3. Thereafter, the state, agency or political subdivision, as the case\nmay be, shall be entitled to appear in any further proceedings arising\nunder this section.\n 4. As used in this section the term police officer means any member of\na duly organized police force or department of any county, city, town,\nvillage, municipality, authority, police district, regional state park\ncommission when employed full time in the enforcement of the general\ncriminal laws of the state, or any member of the state police or a\nsheriff, undersheriff or deputy sheriff, other than a special deputy\nsheriff.\n