Amends existing law to revise provisions regarding immunity of persons giving first aid from damage claims.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 491 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID; AMENDING SECTION2 5-330, IDAHO CODE, TO REVISE PROVISIONS REGARDING IMMUNITY OF PERSONS3 GIVING EMERGENCY FIRST AID FROM DAMAGE CLAIMS; AND DECLARING AN EMER-4 GENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 5-330, Idaho Code, be, and the same is hereby7 amended to read as follows:8 5-330. IMMUNITY OF PERSONS GIVING EMERGENCY FIRST AID FROM DAMAGE9 CLAIM. That no action shall lie or be maintained for civil damages in any10 court of this state against any person or persons, or group of persons, who11 in good faith and without compensation, being at, or stopping at the scene12 of an accident or emergency, including a mental health or suicidal crisis,13 offers and administers emergency first aid, or emergency medical attention,14 or emergency psychological attention, including responding to suicidal15 thoughts, to any person or persons injured in such accident or emergency16 unless it can be shown that the person or persons offering or administering17 emergency first aid, or emergency medical attention, or emergency psycho-18 logical attention is guilty of gross negligence in the care or treatment of19 said injured person or persons or has treated them in a grossly negligent20 manner. The immunity described herein shall cease upon delivery of the in-21 jured person to either a generally recognized hospital for treatment of ill22 or injured persons, or upon assumption of treatment in the office or facility23 of any person undertaking to treat said injured person or persons, or upon24 delivery of said injured person or persons into custody of an ambulance at-25 tendant.26

SECTION 2. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29