60-3614. Immunity from liability for offenders performing community service work; limitations. - Kansas Statutes

60-3614

Chapter 60.--PROCEDURE, CIVIL Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS

      60-3614.   Immunity from liability for offendersperforming community service work; limitations.(a) If an adult offender or juvenile offender has been sentenced to performcommunity service work by the court, and such offender is performing suchservices for a governmental entity, private not-for-profit corporation, orcharitable or social service organization, such governmental entity, privatenot-for-profit corporation, or charitable or social service organization or anyemployee or volunteer of such entities shall not be liable for damages in acivil action for injuries suffered by such offender or for acts or omissions bysuch offender unless such governmental entity, private not-for-profitcorporation, or charitable or social service organization or any employees orvolunteers of such entities actions constitute willful or wanton misconduct orintentionally tortious conduct. The provisions of this section shall not applyto damages arising from the operation of a motor vehicle as defined by K.S.A.40-3103, and amendments thereto.

      (b)   As used in this section, "community service work" means public orcommunity service performed by a person (1) as a result of a contract ofdiversion or immediate intervention entered into by such person as authorizedby law, (2) pursuant to the assignment of such person by a court to a communitycorrections program, (3) as a result of suspension of sentence or as acondition of probation pursuant to court order, (4) in lieu of a fine imposedby court order or (5) as a condition of placement ordered by a court pursuanttoK.S.A. 2009 Supp.38-2361, and amendments thereto.

      History:   L. 2005, ch. 139, § 1;L. 2006, ch. 169, § 139; Jan. 1, 2007.