Section 537.602

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2014   

  537.602.  Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee. — 1.  As used in this section the following terms shall mean:

  (1)  "Community service work", any work which is performed without compensation and is required in exchange for deferred prosecution of any criminal charge by any federal, state, or local prosecutor under a written agreement;

  (2)  "Entity", includes any person, for-profit or not-for-profit business, agency, group, charity, organization, or any unit of federal, state, or local government or any of their employees.

  2.  Any entity which supervises community service work performed as a requirement for deferment of any criminal charge under a written agreement with a federal, state, or local prosecutor, or any entity which derives benefits from the performance of community service work shall be immune from any suit by the person performing the community service work or by any person deriving a cause of action from the person performing the community service work if that cause of action arises from the supervision of the work performed, except that the entity supervising the work shall not be immune from any suit for gross negligence or for an intentional tort.

  3.  Community service work shall not be deemed employment within the meaning of the provisions of chapter 288 and a person performing community service work under the provisions of this section shall not be deemed an employee within the meaning of the provisions of chapter 287.

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(L. 2014 H.B. 1231)