Chapter 346

2007 -- S 0778

Enacted 07/06/07

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - GOVERNMENTAL TORT LIABILITY

Introduced By: Senators Connors, Tassoni, Gallo, and Doyle

Date Introduced: February 15, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-31-12 of the General Laws in Chapter 9-31 entitled

"Governmental Tort Liability" is hereby amended to read as follows:

9-31-12. Indemnification -- Reservation of obligation -- Certification. -- (a) The state

reserves the right to determine whether or not it will indemnify any employees defended pursuant

to sections 9-31-8 -- 9-31-11, if a judgment is rendered against the employee.

      (b) Upon certification by the court in which the tort action against a state employee is

pending that (1) the defendant employee was acting within the scope of his or her office or

employment when the claim arose, and (2) the claim does not arise out of actual fraud, willful

misconduct, or actual malice by the employee, any civil action or proceeding commenced upon

the claim under this statute shall be deemed to be an action or proceeding brought against the

state under the provisions of this title and all references thereto, and the state shall be substituted

as the party defendant.

(c) Nothing in this section shall affect the obligations of any insurer, including the

obligation to defend and satisfy any settlement or award.

     SECTION 2. This act shall take effect upon passage.

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LC01269

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