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PRIOR PRINTER'S NO. 1216
PRINTER'S NO. 1414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
986
Session of
2015
INTRODUCED BY PILEGGI, RAFFERTY, VULAKOVICH, VANCE, AUMENT,
BARTOLOTTA, FOLMER, BLAKE, WHITE, BOSCOLA, BREWSTER, COSTA,
FONTANA, DINNIMAN, SABATINA, TARTAGLIONE, HUGHES, WARD AND
BROWNE, AUGUST 25, 2015
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, NOVEMBER 17, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for civil
immunity of person rescuing minor from motor vehicle.
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 8332.9. Civil immunity of person rescuing minor from motor
vehicle.
(a) General rule.--A person who removes or attempts to
remove a minor from a motor vehicle shall be immune from civil
liability for any damage TO THE VEHICLE OR PROPERTY CONTAINED
THEREIN resulting from the removal or attempt if the person:
(1) Determines that the motor vehicle is locked or no
reasonable method exists for the minor to exit the motor
vehicle.
(2) Has a reasonable and good faith belief that forcible
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entry into the motor vehicle is necessary because the minor
is in imminent danger of suffering harm if not immediately
removed from the motor vehicle.
(3) Contacts any of the following before the removal or
attempt occurs, if practicable, or as soon as possible after
the removal or attempt occurs:
(i) The local law enforcement agency.
(ii) The fire department.
(iii) A 911 emergency service operator.
(4) Remains with the minor at a safe location near the
motor vehicle until a law enforcement officer arrives.
(5) Uses no more force than necessary for the removal or
attempt.
(b) Exceptions.--Subsection (a) does not grant immunity from
civil liability to a person who:
(1) renders aid to a minor beyond what is authorized
under subsection (a); or
(2) exercises gross negligence or willful or wanton
misconduct in the removal of or attempt to remove the minor
from the motor vehicle.
Section 2. This act shall take effect in 60 days.
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