H1216B1444A02306 BIL:NLG 06/26/17 #90 A02306
AMENDMENTS TO HOUSE BILL NO. 1216
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 1444
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for rescue from motor vehicle.
Amend Bill, page 1, lines 7 through 17; page 2, lines 1
through 16; by striking out all of said lines on said pages and
inserting
Section 1. Title 42 is amended by adding a section to read:
ยง 8340.3. Rescue from motor vehicle.
(a) (Reserved).
(b) Rescue of animal.--No law enforcement officer, humane
society police officer or emergency responder, or the employer
of a law enforcement officer, humane society police officer or
emergency responder shall be liable for damage to a motor
vehicle or the contents thereof caused by entry into the motor
vehicle for the purpose of removing an animal, if the law
enforcement officer, humane society police officer or emergency
responder:
(1) Has a good faith, reasonable belief that the animal
is in imminent danger of suffering harm if not immediately
removed from the motor vehicle.
(2) Makes a reasonable effort to locate the driver of
the motor vehicle prior to entry.
(3) Takes reasonable steps to ensure or restore the
well-being of the animal.
(4) Uses no more force than necessary under the
circumstances to enter the motor vehicle.
(5) Leaves notice on or in the motor vehicle stating the
reason entry was made, the name of the person and of the
person's employer, a telephone number and, if possible, the
location where the animal may be retrieved.
(c) Limitation.--A person shall not be immune from civil
liability for damage resulting from the entry if the person's
actions constitute gross negligence, recklessness or willful or
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wanton misconduct.
Section 2. This act shall take effect in 60 days.
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See A02306 in
the context
of HB1216