PRINTER'S NO. 311
No. 281 Session of 1997
INTRODUCED BY BARD, DRUCE, TIGUE, CLARK, B. SMITH, DONATUCCI,
BELARDI, PLATTS, BROWNE, ARGALL, ADOLPH, SCHRODER,
YOUNGBLOOD, NAILOR, BAKER, CORNELL, PRESTON, RAYMOND, CLYMER,
DALEY, BOSCOLA, BEBKO-JONES, McCALL, FARGO, ROONEY,
FAIRCHILD, COY, RUBLEY, EGOLF, L. I. COHEN, GLADECK,
J. TAYLOR, LEDERER, M. N. WRIGHT, SEMMEL, PETRARCA,
HENNESSEY, LYNCH, STEELMAN, BENNINGHOFF, TRELLO,
D. W. SNYDER, E. Z. TAYLOR, STERN AND THOMAS,
FEBRUARY 5, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for civil
3 immunity for antidrug and town-watch volunteers.
4 The General Assembly finds and declares as follows:
5 (1) The willingness of antidrug and town-watch
6 volunteers to offer their services has been increasingly
7 deterred by a perception that they put personal assets at
8 risk in the event of tort actions seeking damages arising
9 from their activities as volunteers.
10 (2) The contributions of antidrug and town-watch
11 programs, activities and services to communities are
12 diminished by the resulting unwillingness of individuals to
13 serve either as volunteers or as officers, directors and
14 trustees of nonprofit public and private organizations.
15 (3) It is in the public interest to strike a balance
1 between the right of a person to seek redress for injury and
2 the right of an individual to freely give time and energy
3 without compensation as a volunteer working to reduce crime
4 and drug use in the community, without fear of personal
5 liability for acts undertaken in good faith, absent willful
6 or wanton conduct on the part of the volunteer.
7 (4) The provisions of this act are intended to encourage
8 volunteers to contribute their services to reduce the amount
9 of crime and drug use in their communities and at the same
10 time provide a reasonable basis for redress of claims which
11 may arise relating to those services.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Title 42 of the Pennsylvania Consolidated
15 Statutes is amended by adding a section to read:
16 § 8332.6. Antidrug and town-watch volunteer civil immunity.
17 (a) General rule.--An antidrug or town-watch volunteer shall
18 be immune from civil liability if:
19 (1) The volunteer was acting in good faith and within
20 the scope of such volunteer's role with an antidrug or crime
21 prevention volunteer organization or governmental entity.
22 (2) The damage or injury was not caused by willful and
23 wanton misconduct or illegal conduct by such volunteer.
24 (b) Volunteer organizations.--With respect to claims arising
25 from any activity undertaken for the primary purpose of reducing
26 crime or drug use in the community, an antidrug or town-watch
27 volunteer organization shall not be liable for noneconomic
28 damages, including, but not limited to, pain and suffering and
29 loss of consortium.
30 (c) Definitions.--As used in this section, the following
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1 words and phrases shall have the meanings given to them in this
2 subsection:
3 "Antidrug or town-watch volunteer." Any person performing
4 services for an antidrug or town-watch volunteer organization or
5 governmental organization without compensation other than
6 reimbursement for actual expenses incurred. The term includes a
7 volunteer serving as a director, officer, trustee or direct
8 service volunteer.
9 "Antidrug or town-watch volunteer organization." Any
10 nonprofit organization, corporate volunteer program, medical
11 facility or substance abuse treatment program that uses
12 volunteers to reduce crime and drug use in the community.
13 "Corporate volunteer program." A program administered by any
14 entity other than a nonprofit organization or governmental
15 entity that enlists primarily its own employees, retirees,
16 partners or professional affiliates in a volunteer capacity to
17 achieve objectives that would qualify as charitable under
18 section 501(c) of the Internal Revenue Code of 1986 (Public Law
19 99-514, 26 U.S.C. § 501(c)).
20 "Governmental entity." Any county, municipality, township,
21 school district, chartered unit or subdivision, governmental
22 unit, other special district, similar entity or any association,
23 authority, board, commission, division office, officer, task
24 force or other agency of any state, county or municipality.
25 "Nonprofit organization." Any organization which is
26 described in section 501(c) of the Internal Revenue Code of 1986
27 (Public Law 99-514, 26 U.S.C. § 501(c)), whether or not it has
28 been certified by the Internal Revenue Service.
29 "Willful and wanton misconduct." Conduct which is committed
30 with an intentional or reckless disregard for the safety of
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1 others or with an intentional disregard of a duty necessary to
2 the safety of another's property.
3 Section 2. This act shall take effect in 60 days.
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