THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, ERICKSON, WILLIAMS, WASHINGTON, FONTANA, BREWSTER AND FARNESE, MAY 16, 2011

REFERRED TO JUDICIARY, MAY 16, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in sports and amusements, providing

for an offense relating to helmets for certain persons

engaged in winter sporting activities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 7108.  Helmets for certain persons engaged in winter sporting

activities.

(a)  General rule.--The operator of a commercial venue or

recreational facility that offers a winter sporting activity to

members of the public for a fee shall offer a person under 12

years of age who intends to engage in the winter sporting

activity a helmet meeting the standards of the American National

Standards Institute, the American Society for Testing and

Materials, the Snell Memorial Foundation's Standards for

Protective Headgear for Use in Bicycling or any other nationally

recognized standard for helmet approval.

(b)  Helmet to be labeled.--Any helmet offered to a person

under 12 years of age in accordance with subsection (a) shall be

labeled in accordance with the standard described in subsection

(a), which shall constitute the manufacturer's certification

that the helmet conforms to the applicable safety standards.

(c)  Use of helmets.--No person shall offer to a person under

12 years of age in accordance with subsection (a) a helmet which

is not of a type meeting the requirements established by this

section.

(d)  Exemption.--This section shall not apply to an operator

of a commercial venue or recreational facility required to

comply with subsection (a) if the child under 12 years of age in

question provided the operator with a statement from the

family's church authorities attesting that it is against the

tenets of the family's religion to wear a helmet.

(e)  Civil actions.--In no event shall a violation or alleged

violation of subsection (a) be used as evidence in a trial of

any civil action; nor shall any jury in a civil action be

instructed that any conduct did constitute or could be

interpreted by them to constitute a violation of subsection (a);

nor shall failure to use a helmet be considered as contributory

negligence nor shall failure to use a helmet be admissible as

evidence in the trial of any civil action.

(f)  Penalty.--Notwithstanding any other provisions of law,

any violation of subsection (a) is punishable by a fine,

including all penalties, assessments and court costs imposed on

the convicted person not to exceed $25.

(e)  Definitions.--As used in this section, the term "winter

sporting activity" means sledding or skiing on snow and

snowboarding. The term does not include ice skating.

Section 2.  This act shall take effect in 60 days.