THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY O'PAKE, MUSTO, WASHINGTON, STOUT, TARTAGLIONE, FERLO, BOSCOLA, ALLOWAY, FONTANA, FARNESE, WARD AND STACK, JUNE 22, 2009

REFERRED TO LAW AND JUSTICE, JUNE 22, 2009  

AN ACT

Amending the act of November 24, 2004 (P.L.1270, No.153),

entitled "An act providing for the Pennsylvania Amber Alert

System; authorizing and directing the Pennsylvania State

Police to establish and maintain the Pennsylvania Amber Alert

System; assessing costs; and providing for immunity and

penalties," further providing for Pennsylvania Amber Alert

System established, for prohibited use, for coordination with

other jurisdictions and for immunity; and creating the

Missing Endangered Person Advisory System.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1 and 2 of the act of November 24, 2004

(P.L.1270, No.153), referred to as the Pennsylvania Amber Alert

System Law, are amended to read:

Section 1.  Pennsylvania Amber Alert System and Missing

Endangered Person Advisory System (MEPAS) 

established.

(a)  Pennsylvania Amber Alert System.--The Pennsylvania State

Police shall establish and maintain the Pennsylvania Amber Alert

System to assist in the recovery of abducted children through

prompt notification to the general public [and], appropriate law

enforcement authorities and other public agencies. 

(b)  Missing Endangered Person Advisory System (MEPAS).--The

Pennsylvania State Police shall establish and maintain the

Missing Endangered Person Advisory System to assist in the

recovery of missing persons who are at special risk of harm or

injury, through prompt notification to the general public,

appropriate law enforcement authorities and other agencies.

Section 1.1.  Duties of Pennsylvania State Police.

The Pennsylvania State Police shall establish such protocols

and procedures as are necessary for the effective operation of

this system and shall educate and inform local law enforcement

agencies and the public with regard to [its] the availability of

each system.

Section 2.  Prohibited use of Amber Alerts.

The transmission, broadcast or other communication of a

public alert, other than through the Pennsylvania Amber Alert

System, intentionally, knowingly, recklessly or negligently

purporting to be made by, with or through the authority of the

Pennsylvania Amber Alert System is prohibited and shall be

subject to a civil penalty of not more than $5,000.

Section 2.  The act is amended by adding a section to read:

Section 2.1.  Use of Missing and Endangered Person Advisory

System.

The Pennsylvania Missing Endangered Person Advisory System

shall be operated by the Pennsylvania State Police. Activation

may be requested by law enforcement agencies when public

assistance is considered expedient to the recovery of a missing

individual believed to be at special risk of harm or injury. The

ability of law enforcement agencies to independently notify or

request assistance from the public shall not be impaired or

restricted in any way.

Section 3.  Sections 3 and 5 of the act are amended to read:

Section 3.  Coordination with other jurisdictions.

The Pennsylvania State Police shall coordinate with the

authorities of the various states and the Federal Government

that are responsible within their respective jurisdictions for

the recovery of abducted children to establish and execute the

procedures appropriate to the effective fulfillment of its

responsibilities [under section 1] relating to the Pennsylvania

Amber Alert System.

Section 5.  Immunity.

(a)  Media immunity.--Owners, licensees, operators and

employees of any communication medium, including, but not

limited to, telephone, radio, television, newspaper, digital

communications network or global communications network, shall

be immune from civil liability for their good faith conduct

while participating in accordance with this act.

(b)  Good Samaritan immunity.--Any person who provides,

obtains or attempts to provide or obtain assistance for a child

who is the subject of a Pennsylvania Amber Alert System notice

or a person who is the subject of a Missing Endangered Person

Advisory shall be immune from civil liability for acts or

omissions in providing or obtaining or attempting to provide or

obtain assistance except for acts or omissions intended to cause

harm and for which the law does not recognize justification or

that constitute gross negligence or willful, wanton or reckless

conduct.

Section 4.  This act shall take effect in 60 days.