PRINTER'S NO. 1250
No. 936 Session of 2003
INTRODUCED BY O'PAKE, CONTI, LOGAN, COSTA, MUSTO, BOSCOLA,
WAGNER, SCHWARTZ, RAFFERTY, TARTAGLIONE, KITCHEN, STOUT,
FUMO, WOZNIAK, MOWERY, GREENLEAF, WAUGH AND C. WILLIAMS,
NOVEMBER 3, 2003
REFERRED TO LAW AND JUSTICE, NOVEMBER 3, 2003
AN ACT
1 Providing for the Pennsylvania Amber Alert System; authorizing
2 and directing the Pennsylvania State Police to establish and
3 maintain the Pennsylvania Amber Alert System; assessing
4 costs; and providing for immunity and penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Pennsylvania Amber Alert System established.
8 The Pennsylvania State Police shall establish and maintain
9 the Pennsylvania Amber Alert System to assist in the recovery of
10 abducted children through prompt notification to the general
11 public and appropriate law enforcement authorities. The
12 Pennsylvania State Police shall establish such protocols and
13 procedures as are necessary for the effective operation of this
14 system and shall educate and inform local law enforcement
15 agencies and the public with regard to its availability.
16 Section 2. Prohibited use.
17 The transmission, broadcast or other communication of a
18 public alert, other than through the Pennsylvania Amber Alert
1 System, intentionally, knowingly, recklessly or negligently
2 purporting to be made by, with or through the authority of the
3 Pennsylvania Amber Alert System is prohibited and shall be
4 subject to a civil penalty of not more than $5,000.
5 Section 3. Coordination with other jurisdictions.
6 The Pennsylvania State Police shall coordinate with the
7 authorities of the various states and the Federal Government
8 that are responsible within their respective jurisdictions for
9 the recovery of abducted children to establish and execute the
10 procedures appropriate to the effective fulfillment of its
11 responsibilities under section 1.
12 Section 4. Assessment of cost.
13 Unless the court finds that undue hardship would result, in
14 addition to any other cost imposed by law, a cost of $25 shall
15 automatically be assessed on each person convicted, adjudicated
16 delinquent or granted accelerated rehabilitative disposition
17 (ARD) of the offenses named in this section. The cost shall be
18 forwarded to the Commonwealth and used by the Pennsylvania State
19 Police to establish and maintain the Pennsylvania Amber Alert
20 System and apply to the following offenses:
21 18 Pa.C.S. § 2901 (relating to kidnapping).
22 18 Pa.C.S. § 2902 (relating to unlawful restraint).
23 18 Pa.C.S. § 2903 (relating to false imprisonment).
24 18 Pa.C.S. § 2904 (relating to interference with custody
25 of children).
26 18 Pa.C.S. § 2905 (relating to interference with custody
27 of committed persons).
28 18 Pa.C.S. § 2906 (relating to criminal coercion).
29 18 Pa.C.S. § 2907 (relating to disposition of ransom).
30 18 Pa.C.S. § 2908 (relating to missing children).
20030S0936B1250 - 2 -
1 18 Pa.C.S. § 2909 (relating to concealment of whereabouts
2 of a child).
3 18 Pa.C.S. § 2910 (relating to luring a child into a
4 motor vehicle).
5 Section 5. Immunity.
6 (a) Media immunity.--Owners, licensees, operators and
7 employees of any communication medium, including, but not
8 limited to, telephone, radio, television, newspaper, digital
9 communications network or global communications network shall be
10 immune from civil liability for their good faith conduct while
11 participating in accordance with this act.
12 (b) Good Samaritan immunity.--Any person who provides,
13 obtains or attempts to provide or obtain assistance for a child
14 who is the subject of a Pennsylvania Amber Alert System notice
15 shall be immune from civil liability for acts or omissions in
16 providing or obtaining or attempting to provide or obtain
17 assistance except for acts or omissions intended to cause harm
18 and for which the law does not recognize justification or that
19 constitute gross negligence or willful, wanton or reckless
20 conduct.
21 Section 6. Effective date.
22 This act shall take effect immediately.
J21L35JLW/20030S0936B1250 - 3 -