THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STACK, KITCHEN, STOUT, FONTANA, BOSCOLA, BROWNE, TARTAGLIONE, LOGAN, RAFFERTY, COSTA AND FERLO, MARCH 2, 2009

REFERRED TO LAW AND JUSTICE, MARCH 2, 2009  

AN ACT

Establishing the Peter Roberto Alert System; providing for

certain immunity; and prescribing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Peter Roberto

Alert System Act.

Section 2.  Pennsylvania Peter Roberto Alert System established.

The Pennsylvania State Police shall:

(1)  Establish and maintain the Peter Roberto Alert

System to assist in the identification and arrest of vehicle

operators who violate 75 Pa.C.S. § 3742(a) (relating to

accidents involving death or personal injury).

(2)  Develop protocols and procedures necessary for the

effective operation of the Peter Roberto Alert System.

(3)  Educate and inform local law enforcement agencies

and the public with regard to its availability.

Section 3.  Prohibited use.

(a)  General rule.--No person shall intentionally, knowingly,

recklessly or negligently transmit, broadcast or otherwise

communicate a public alert, other than through the Peter Roberto

Alert System, or intentionally, knowingly, recklessly or

negligently falsely represent that a transmission, broadcast or

communication of a public alert is made by, with or through the

authority of the Peter Roberto Alert System.

(b)  Penalty.--A person who violates subsection (a) shall be

subject to a civil penalty of not more than $5,000.

Section 4.  Coordination with other jurisdictions.

The Pennsylvania State Police shall coordinate with the

authorities of the various states and the Federal Government

that are responsible within their respective jurisdictions for

apprehending drivers who flee the scene of accidents to

establish and execute the procedures appropriate to the

effective fulfillment of its responsibilities under section 2.

Section 5.  Assessment of cost.

Unless the court finds that undue hardship would result, in

addition to any other cost imposed by law, a cost of $25 shall

automatically be assessed on each person convicted, adjudicated

delinquent or granted accelerated rehabilitative disposition

(ARD) of the offenses set forth in 75 Pa.C.S. § 3742(a) 

(relating to accidents involving death or personal injury). The

cost shall be forwarded to the Commonwealth and used by the

Pennsylvania State Police to establish and maintain the Peter

Roberto Alert System and to administer 75 Pa.C.S. § 3742(a).

Section 6.  Immunity.

(a)  Media immunity.--Owners, licensees, operators and

employees of any communication medium, including, but not

limited to, telephone, radio, television, newspaper, digital

communications network or global communications network, shall

be immune from civil liability for their good faith conduct

while participating in accordance with this act.

(b)  Good Samaritan immunity.--Any person who provides,

obtains or attempts to provide or obtain assistance for a person

who is the subject of a Peter Roberto Alert System notice shall

be immune from civil liability for acts or omissions in

providing or obtaining or attempting to provide or obtain

assistance except for acts or omissions intended to cause harm

and for which the law does not recognize justification or that

constitute gross negligence or willful, wanton or reckless

conduct.

Section 7.  Effective date.

This act shall take effect in 60 days.