PRIOR PRINTER'S NO. 1375
PRINTER'S NO. 2165
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1152
Session of
2017
INTRODUCED BY BOBACK, WHEELAND, MILLARD, WATSON, KAUFFMAN,
O'NEILL, McNEILL, V. BROWN, BARRAR, O'BRIEN, D. COSTA,
BULLOCK, NEILSON, ROZZI, MURT, READSHAW, IRVIN, GOODMAN,
WARD, CONKLIN, COX, GABLER, FREEMAN, GILLEN AND FARRY,
APRIL 12, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 28, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for civil immunity for use of force in
motor vehicle rescue.
AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN PARTICULAR RIGHTS AND
IMMUNITIES, PROVIDING FOR RESCUE FROM MOTOR VEHICLE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8340.3. Civil immunity for use of force in motor vehicle
rescue.
(a) General rule.--A person shall be immune from civil
liability for any damage resulting from the forcible entry of a
motor vehicle for the purpose of removing an individual from the
vehicle if the person:
(1) Determines that the vehicle is locked or there is
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otherwise no reasonable method for the individual inside to
exit the vehicle.
(2) Has a good-faith belief that forcible entry into the
vehicle is necessary because the individual is in imminent
danger of suffering harm if not immediately removed from the
vehicle and, based upon the circumstances known to the person
at the time, the belief is a reasonable one.
(3) Makes a good-faith effort to contact law
enforcement, the fire department or a 911 operator prior to
forcibly entering the vehicle. If contact is not possible
prior to forcibly entering the vehicle, the person shall make
contact as soon as reasonably possible after forcibly
entering the vehicle.
(4) Uses no more force than necessary under the
circumstances to enter the vehicle and remove the individual
from the vehicle.
(5) Makes a good-faith effort to place a notice on the
vehicle's windshield with the person's contact information,
the reason the entry was made, the location of the individual
who was removed from the vehicle and the fact that the
authorities have been notified.
(6) Remains with the individual in a safe location until
law enforcement or emergency responders arrive.
(b) Exceptions.--A person shall not be immune from civil
liability for any damage resulting from the forcible entry if
the person's actions constitute gross negligence, recklessness
or willful or wanton misconduct with regard to the forcible
entry of the motor vehicle.
ยง 8340.3. RESCUE FROM MOTOR VEHICLE.
(A) RESCUE OF INDIVIDUAL.--NO PERSON SHALL BE LIABLE FOR
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DAMAGE TO A MOTOR VEHICLE OR THE CONTENTS THEREOF CAUSED BY
ENTRY INTO THE MOTOR VEHICLE FOR THE PURPOSE OF REMOVING AN
INDIVIDUAL FROM THE MOTOR VEHICLE, IF THE PERSON:
(1) HAS A GOOD-FAITH, REASONABLE BELIEF THAT THE
INDIVIDUAL IS IN IMMINENT DANGER OF SUFFERING HARM IF NOT
IMMEDIATELY REMOVED FROM THE MOTOR VEHICLE.
(2) DETERMINES THAT THE INDIVIDUAL IS UNABLE TO EXIT THE
MOTOR VEHICLE WITHOUT ASSISTANCE.
(3) MAKES A REASONABLE EFFORT TO LOCATE THE DRIVER OF
THE MOTOR VEHICLE AND TO CONTACT LAW ENFORCEMENT, A FIRE
DEPARTMENT OR OTHER EMERGENCY RESPONDER PRIOR TO ENTRY. IF
THE DRIVER IS NOT LOCATED AND SUCH CONTACT IS NOT POSSIBLE
PRIOR TO ENTERING THE MOTOR VEHICLE, THE PERSON SHALL CONTACT
LAW ENFORCEMENT, A FIRE DEPARTMENT OR OTHER EMERGENCY
RESPONDER AS SOON AS REASONABLY POSSIBLE AFTER ENTERING THE
MOTOR VEHICLE.
(4) USES NO MORE FORCE THAN NECESSARY UNDER THE
CIRCUMSTANCES TO ENTER THE MOTOR VEHICLE.
(5) MAKES A GOOD-FAITH EFFORT TO LEAVE NOTICE ON OR IN
THE MOTOR VEHICLE STATING THE REASON THE ENTRY WAS MADE, THE
LOCATION OF THE INDIVIDUAL WHO WAS REMOVED FROM THE MOTOR
VEHICLE AND, IF POSSIBLE, IDENTIFYING THE POLICE OR FIRE
DEPARTMENT OR OTHER EMERGENCY RESPONDER THAT IS EXPECTED TO
RESPOND.
(6) REMAINS WITH THE INDIVIDUAL IN A SAFE LOCATION UNTIL
LAW ENFORCEMENT OR EMERGENCY RESPONDERS ARRIVE.
(B) (RESERVED).
(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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