S1090B1661A07316 MSP:BTW 06/01/18 #90 A07316
AMENDMENTS TO SENATE BILL NO. 1090
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 1661
Amend Bill, page 1, line 4, by inserting after "penalties;"
in minors, further providing for purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages and providing for safe harbor for violation of
section 6308(a);
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines
Amend Bill, page 2, by inserting between lines 7 and 8
2811. Civil remedies.
Amend Bill, page 2, by inserting between lines 23 and 24
"Drug." A controlled substance or drug as defined in the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
Amend Bill, page 3, lines 2 through 5, by striking out "A
DEGREE-GRANTING" in line 2 and all of lines 3 through 5 and
inserting
An institution located within this Commonwealth authorized
to grant an associate or higher academic degree.
Amend Bill, page 3, line 17, by inserting after "primarily"
minors,
Amend Bill, page 3, line 18, by inserting after
"organization"
, an institution or secondary school
Amend Bill, page 4, line 6, by inserting after "causes"
, coerces or forces
Amend Bill, page 4, line 8, by inserting after "State"
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criminal
Amend Bill, page 4, lines 20 and 21, by striking out all of
said lines and inserting
(5) Endure brutality of a sexual nature.
(6) Endure any other activity that creates a reasonable
likelihood of bodily injury to the minor or student.
Amend Bill, page 4, line 26, by striking out "may result in"
and inserting
creates a reasonable likelihood of
Amend Bill, page 4, line 29, by inserting after "athletic"
, law enforcement
Amend Bill, page 5, line 5, by striking out the period after
"student" and inserting
and:
(1) the person acts with reckless indifference to the
health and safety of the minor or student; or
(2) the person causes, coerces or forces the consumption
of an alcoholic liquid or drug by the minor or student.
Amend Bill, page 5, lines 9 and 10, by striking out "commits
the offense of organizational hazing if the organization " and
inserting
that
Amend Bill, page 5, lines 13 through 22, by striking out the
period in line 13 and all of lines 14 through 22 and inserting
commits the offense of organizational hazing and shall
be subject to any of the following penalties:
(1) A fine of not more than $5,000, for each violation
of section 2802.
(2) A fine of not more than $15,000, for each violation
of section 2803.
Amend Bill, page 5, line 23, by striking out "(c)" and
inserting
(b)
Amend Bill, page 5, lines 26 and 27, by striking out ",
including forfeiture of assets as provided under this chapter "
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Amend Bill, page 6, line 1, by inserting after "hazing)"
commits the offense of institutional hazing and
Amend Bill, page 6, line 15, by inserting after "section "
2803 (relating to aggravated hazing) or
Amend Bill, page 7, line 4, by striking out "and secondary
school"
Amend Bill, page 7, lines 5 and 6, by striking out "or
secondary school's"
Amend Bill, page 7, lines 7 and 8, by striking out "or" in
line 7 and all of line 8 and inserting
. Each secondary school shall ensure that students are
informed of the secondary school's policy, including the
secondary school's rules, penalties and program of
enforcement.
Amend Bill, page 8, lines 11 and 12, by striking out
"Beginning with the 2018-2019 academic year and each academic
year thereafter, an" and inserting
An
Amend Bill, page 8, line 15, by striking out "campus
authorities or local law enforcement" and inserting
the institution
Amend Bill, page 8, line 18, by striking out "organization"
and inserting
subject of the report
Amend Bill, page 8, line 19, by striking out "organization"
and inserting
subject
Amend Bill, page 8, line 20, by striking out "misconduct" and
inserting
a violation of the institution's antihazing policy or
Federal or State laws related to hazing
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Amend Bill, page 8, lines 21 through 25, by striking out all
of lines 21 through 24 and "(5)" in line 25 and inserting
(3)
Amend Bill, page 8, lines 25 and 26, by striking out
"incident, the findings" in line 25 and all of line 26 and
inserting
violation, any investigation and findings by the
institution and, if applicable, penalties.
Amend Bill, page 8, line 27, by striking out "(6)" and
inserting
(4)
Amend Bill, page 8, lines 28 and 29, by striking out all of
said lines
Amend Bill, page 8, line 30, by inserting after "report.--"
This section shall apply beginning with the 2018-2019
academic year.
Amend Bill, page 9, line 2, by striking out "campus
authorities or local law enforcement" and inserting
the institution
Amend Bill, page 9, line 17, by striking out "Individual" and
inserting
Immunity for the individual
Amend Bill, page 9, lines 19 through 21, by striking out "or
section 6308(a) (relating to purchase, consumption," in line 19,
all of line 20 and "beverages)" in line 21
Amend Bill, page 9, line 23, by striking out "or section
6308(a)"
Amend Bill, page 9, line 25, by inserting after "on"
a
Amend Bill, page 9, line 26, by inserting after "belief"
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that
Amend Bill, page 10, line 10, by striking out "Individual"
and inserting
Derivative immunity for the individual
Amend Bill, page 10, line 11, by striking out "may not be
prosecuted" and inserting
shall be immune under this section from prosecution
Amend Bill, page 10, line 12, by inserting after "6308(a)"
(relating to purchase, consumption, possession or
transportation of liquor or malt or brewed beverages) only
Amend Bill, page 10, line 14, by striking out "or section
6308(a)"
Amend Bill, page 10, by inserting between lines 18 and 19
(1) This section may not bar prosecuting a person for an
offense under this chapter if a law enforcement officer
learns of the offense prior to and independent of the action
of seeking or obtaining emergency assistance as described in
subsection (a).
Amend Bill, page 10, line 19, by striking out "(1)" and
inserting
(2)
Amend Bill, page 10, line 23, by striking out "(2)" and
inserting
(3)
Amend Bill, page 10, line 27, by striking out "(3)" and
inserting
(4)
Amend Bill, page 10, by inserting after line 30
(d) Civil immunity.--In addition to any other applicable
immunity or limitation on civil liability, a law enforcement
officer, campus security officer or prosecuting attorney who
acting in good faith, charges a person who is thereafter
determined to be entitled to immunity under this section shall
not be subject to civil liability for the filing of the charges.
§ 2811. Civil remedies.
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Nothing in this chapter precludes a civil remedy otherwise
provided by law.
Section 2. Section 6308(f) of Title 18 is repealed:
§ 6308. Purchase, consumption, possession or transportation of
liquor or malt or brewed beverages.
* * *
[(f) Exception for person seeking medical attention for
another.--A person shall be immune from prosecution for
consumption or possession under subsection (a) if he can
establish the following:
(1) The only way law enforcement officers became aware
of the person's violation of subsection (a) is because the
person placed a 911 call, or a call to campus safety, police
or emergency services, in good faith, based on a reasonable
belief and reported that another person was in need of
immediate medical attention to prevent death or serious
injury.
(2) The person reasonably believed he was the first
person to make a 911 call or a call to campus safety, police
or emergency services, and report that a person needed
immediate medical attention to prevent death or serious
injury.
(3) The person provided his own name to the 911 operator
or equivalent campus safety, police or emergency officer.
(4) The person remained with the person needing medical
assistance until emergency health care providers arrived and
the need for his presence had ended.]
Section 3. Title 18 is amended by adding a section to read:
§ 6308.1. Safe harbor for violation of section 6308(a).
(a) Immunity for the individual seeking medical attention
for another.--An individual shall not be prosecuted for an
offense under section 6308(a) (relating to purchase,
consumption, possession or transportation of liquor or malt or
brewed beverages) if the individual can establish all of the
following:
(1) A law enforcement officer first became aware of the
individual's violation of section 6308(a) because the
individual placed a 911 call or contacted campus security,
police or emergency services, based on a reasonable belief
that another individual was in need of immediate medical
attention to prevent death or serious bodily injury.
(2) The individual reasonably believed the individual
was the first individual to make a 911 call or contact campus
security, police or emergency services and report that the
other individual needed immediate medical attention to
prevent death or serious bodily injury.
(3) The individual provided the individual's own name to
the 911 operator or equivalent campus security officer,
police or emergency services personnel.
(4) The individual remained with the other individual
needing medical assistance until a campus security officer,
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police or emergency services personnel arrived and the need
for the individual's presence ended.
(b) Immunity for the individual needing medical attention.--
An individual needing medical attention shall be immune under
this section from prosecution for an offense under section
6308(a) if another individual reported the incident and remained
with the individual needing medical attention and is entitled to
immunity under this section.
(c) Limitations.--The immunity described under this section
shall be limited as follows:
(1) This section may not bar prosecuting a person for an
offense under section 6308(a) if a law enforcement officer
learns of the offense prior to and independent of the action
of seeking or obtaining emergency assistance as described in
subsection (a).
(2) This section shall not interfere with or prevent the
investigation, arrest, charging or prosecution of an
individual for a crime other than an offense under section
6308(a).
(3) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
for a crime other than an offense under section 6308(a).
(4) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
of a crime with regard to another defendant who does not
independently qualify for immunity under this section.
(d) Good faith immunity.--In addition to any other
applicable immunity or limitation on civil liability, a law
enforcement officer, campus security officer or prosecuting
attorney who, acting in good faith, charges a person who is
thereafter determined to be entitled to immunity under this
section shall not be subject to civil liability for the filing
of the charges.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"911 system." A system, including enhanced 911 service and a
wireless e-911 system, that permits a person dialing 911 by
telephone to be connected to a public safety answering point,
via normal telephone facilities, for the reporting of police,
fire, medical or other emergency situations.
"Campus security officer." An employee of an institution of
higher education charged with maintaining the safety and
security of the property of the institution and persons on the
property.
"Emergency services personnel." Individuals, including a
trained volunteer or a member of the armed forces of the United
States or the National Guard, whose official or assigned
responsibilities include performing or directly supporting the
performance of emergency medical and rescue services or
firefighting.
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"Law enforcement officer." A person who by virtue of the
person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, or a person on active State duty under 51
Pa.C.S. § 508 (relating to active duty for emergency).
Amend Bill, page 11, line 1, by striking out "2" and
inserting
4
Amend Bill, page 11, lines 8 and 9, by striking out "2803
2804 (relating to aggravated ORGANIZATIONAL hazing) " and
inserting
2807 (relating to forfeiture)
Amend Bill, page 11, line 11, by striking out "3" and
inserting
5
Amend Bill, page 11, line 17, by striking out "4" and
inserting
6
Amend Bill, page 11, line 20, by inserting after "activities"
and duties
Amend Bill, page 11, line 29, by striking out "5" and
inserting
7
Amend Bill, page 12, by inserting between lines 1 and 2
Section 8. This amendatory act shall be referred to as the
"Timothy J. Piazza Antihazing Law."
Amend Bill, page 12, line 2, by striking out "6" and
inserting
9
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See A07316 in
the context
of SB1090