PRIOR PRINTER'S NO. 3753
PRINTER'S NO. 4082
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2276
Session of
2015
INTRODUCED BY BOBACK, ROZZI, SCHLOSSBERG, HICKERNELL, JAMES,
D. COSTA, WHEELAND, GIBBONS, DRISCOLL, BULLOCK, YOUNGBLOOD,
WHITE, WATSON, McNEILL, A. HARRIS, WARD, READSHAW, TRUITT,
PHILLIPS-HILL, KAUFFMAN, MILLARD, O'BRIEN, CONKLIN, KORTZ,
RAPP, TOOHIL, EVERETT, FARRY, HARHAI, GOODMAN, BARRAR AND
PEIFER, AUGUST 5, 2016
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 19, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for civil immunity for use of force in
motor vehicle rescue.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8340.3. Civil immunity for use of force in motor vehicle
rescue.
A person who forcibly enters a motor vehicle for the purpose
of removing a minor child from the vehicle shall be immune from
civil liability for any damage to the motor vehicle if the
person:
(1) Has a reasonable belief that forcible entry into the
vehicle is necessary because the minor child is in imminent
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danger of suffering harm if not immediately removed from the
vehicle.
(2) Determines the vehicle is locked or there is
otherwise no reasonable method for the minor child to exit
the vehicle.
(3) Prior to forcibly entering the vehicle, contacts or
attempts to contact law enforcement or emergency responders.
(A) GENERAL RULE.--A PERSON SHALL BE IMMUNE FROM CIVIL
LIABILITY FOR ANY DAMAGE RESULTING FROM THE FORCIBLE ENTRY OF A
MOTOR VEHICLE FOR THE PURPOSE OF REMOVING AN INDIVIDUAL FROM THE
VEHICLE IF THE PERSON:
(1) DETERMINES THAT THE VEHICLE IS LOCKED OR THERE IS
OTHERWISE NO REASONABLE METHOD FOR THE INDIVIDUAL INSIDE TO
EXIT THE VEHICLE.
(2) HAS A GOOD-FAITH BELIEF THAT FORCIBLE ENTRY INTO THE
VEHICLE IS NECESSARY BECAUSE THE INDIVIDUAL IS IN IMMINENT
DANGER OF SUFFERING HARM IF NOT IMMEDIATELY REMOVED FROM THE
VEHICLE AND, BASED UPON THE CIRCUMSTANCES KNOWN TO THE PERSON
AT THE TIME, THE BELIEF IS A REASONABLE ONE.
(3) MAKES A GOOD-FAITH EFFORT TO CONTACT LAW
ENFORCEMENT, THE FIRE DEPARTMENT OR A 911 OPERATOR PRIOR TO
FORCIBLY ENTERING THE VEHICLE. IF CONTACT IS NOT POSSIBLE
PRIOR TO FORCIBLY ENTERING THE VEHICLE, THE PERSON SHALL MAKE
CONTACT AS SOON AS REASONABLY POSSIBLE AFTER FORCIBLY
ENTERING THE VEHICLE.
(4) USES NO MORE FORCE THAN NECESSARY UNDER THE
CIRCUMSTANCES TO ENTER THE VEHICLE AND REMOVE THE INDIVIDUAL
FROM THE VEHICLE.
(5) MAKES A GOOD-FAITH EFFORT TO PLACE A NOTICE ON THE
VEHICLE'S WINDSHIELD WITH THE PERSON'S CONTACT INFORMATION,
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THE REASON THE ENTRY WAS MADE, THE LOCATION OF THE INDIVIDUAL
WHO WAS REMOVED FROM THE VEHICLE AND THE FACT THAT THE
AUTHORITIES HAVE BEEN NOTIFIED.
(6) REMAINS WITH THE INDIVIDUAL IN A SAFE LOCATION UNTIL
LAW ENFORCEMENT OR EMERGENCY RESPONDERS ARRIVE.
(B) EXCEPTIONS.--A PERSON SHALL NOT BE IMMUNE FROM CIVIL
LIABILITY FOR ANY DAMAGE RESULTING FROM THE FORCIBLE ENTRY IF
THE PERSON'S ACTIONS CONSTITUTE GROSS NEGLIGENCE, RECKLESSNESS
OR WILLFUL OR WANTON MISCONDUCT WITH REGARD TO THE FORCIBLE
ENTRY OF THE MOTOR VEHICLE.
Section 2. This act shall take effect in 60 days.
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