H0279B0247A00274 DMS:AAS 03/13/19 #90 A00274
AMENDMENTS TO HOUSE BILL NO. 279
Sponsor: REPRESENTATIVE BOBACK
Printer's No. 247
Amend Bill, page 1, line 3, by inserting after "immunities,"
further
Amend Bill, page 1, lines 6 through 9, by striking out all of
said lines and inserting
Section 1. Section 8340.3 of Title 42 of the Pennsylvania
Consolidated Statutes, added October 24, 2018 (P.L.685, No.104),
is amended to read:
ยง 8340.3. Rescue from motor vehicle.
(a) [(Reserved).] Rescue of individual.--No person shall be
liable for damage to a motor vehicle or
Amend Bill, page 2, by inserting between lines 18 and 19
(b) Rescue of dog or cat.--No law enforcement officer,
animal control 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 a dog or cat, if the law enforcement officer, humane
society police officer or emergency responder does all of the
following:
(1) Has a good-faith, reasonable belief that the dog or
cat 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 dog or cat.
(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 dog or cat may be retrieved.
(c) Limitation.--A person shall not be immune from civil
liability for damage resulting from the entry if the person's
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actions constitute gross negligence, recklessness or willful or
wanton misconduct.
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See A00274 in
the context
of HB0279