79-f. Liability for acts of persons assisting police officers. 1. Notwithstanding any inconsistent provisions of law, general or special or local, the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer employed by the state in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage; any political subdivision of the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer of such political subdivision in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage; any agency of the state shall save harmless and protect any person who, upon being lawfully commanded, renders assistance to a police officer of such agency in the performance of his duties, from any financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence, other than gross negligence, or an alleged tortious act of the person rendering such assistance which results in bodily injury or property damage.
2. The state or an agency or political subdivision thereof shall not be subject to the duty imposed by this section, unless the person who rendered assistance shall, within ten days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the chief legal officer of the state or agency or political subdivision thereof, as the case may be.
3. Thereafter, the state, agency or political subdivision, as the case may be, shall be entitled to appear in any further proceedings arising under this section.
4. As used in this section the term police officer means any member of a duly organized police force or department of any county, city, town, village, municipality, authority, police district, regional state park commission when employed full time in the enforcement of the general criminal laws of the state, or any member of the state police or a sheriff, undersheriff or deputy sheriff, other than a special deputy sheriff.
Last modified: February 3, 2019