PRINTER'S NO. 2159
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1519
Session of
2015
INTRODUCED BY C. PARKER, GAINEY, BISHOP, McNEILL, DAVIS,
J. HARRIS, GIBBONS, THOMAS, COHEN, KINSEY, O'BRIEN, D. COSTA,
KIRKLAND, ROEBUCK AND McCARTER, SEPTEMBER 4, 2015
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 4, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for duty to report lost or stolen weapon.
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:
§ 6111.6. Duty to report lost or stolen weapon.
(a) Duty to designate.--A school entity and institution of
higher education shall designate a person or persons to whom a
lost or stolen weapon is to be reported as required by
subsection (b).
(b) Duty to report.--If a weapon that the parent or guardian
owns, possesses or has custody or control over is lost or
stolen, the parent, guardian or other person having control or
charge of a student who is enrolled in a school entity or
institution of higher education shall report the loss or theft
to:
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(1) a person designated under subsection (a) at the
school entity or institution of higher education in which the
student is enrolled; and
(2) the municipal police force or, if the municipality
does not have a police force, the Pennsylvania State Police.
(c) Liability.--Notwithstanding the monetary limits of
liability specified in 23 Pa.C.S. § 5505 (relating to monetary
limits of liability), a parent, guardian or other person who has
control or charge of a student and who fails to report as
required by subsection (b) shall be liable, without monetary
limitation, for the injuries sustained by a person present at
the school entity or institution of higher education in which
the student is enrolled if the student or any other person
inflicted the injuries with the lost or stolen weapon.
(d) Applicability and presumption.--The following apply:
(1) This section shall not apply to a parent, guardian
or other person having control or charge of a student
enrolled at an institution of higher education where the
student is emancipated from the parent, guardian or other
person.
(2) It shall be presumed that a student is emancipated
from a parent if a court has issued an order or otherwise
determined that the parent is not responsible for the
postsecondary educational costs of the student under 23
Pa.C.S. § 4327 (relating to postsecondary educational costs).
(e) Regulations.--The Secretary of Education shall
promulgate regulations to carry out the provisions of this
section.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Institution of higher education." As defined under section
118 of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
"School entity." A public school district, intermediate
unit, area vocational-technical school, charter school, private
school or parochial school.
"Weapon." As defined under section 1301-A of the Public
School Code of 1949.
Section 2. This act shall take effect in 60 days.
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