2018 California Code
Government Code - GOV
TITLE 1 - GENERAL
DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES
PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES
CHAPTER 1 - General Provisions Relating to Liability
ARTICLE 3 - Liability of Public Employees
Section 820.25.
(a) For purposes of Section 820.2, the decision of a peace officer, as defined in Sections 830.1 and 830.2 of the Penal Code, or a state or local law enforcement official, to render assistance to a motorist who has not been involved in an accident or to leave the scene after rendering assistance, upon learning of a reasonably apparent emergency requiring his immediate attention elsewhere or upon instructions from a superior to assume duties elsewhere, shall be deemed an exercise of discretion.
(b) The provision in subdivision (a) shall not apply if the act or omission occurred pursuant to the performance of a ministerial duty. For purposes of this section, “ministerial duty” is defined as a plain and mandatory duty involving the execution of a set task and to be performed without the exercise of discretion.
(Added by Stats. 1979, Ch. 806.)
