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PRINTER'S NO. 175
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
203
Session of
2023
INTRODUCED BY FONTANA, KEARNEY, HAYWOOD, BREWSTER, SCHWANK,
DILLON, KANE, COSTA, LAUGHLIN, COMITTA, CAPPELLETTI,
TARTAGLIONE, STEFANO, VOGEL AND HUGHES, JANUARY 31, 2023
REFERRED TO LAW AND JUSTICE, JANUARY 31, 2023
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," establishing the Pennsylvania Green Alert System;
and further providing for immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 1 and 5(b) 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:
AN ACT
Providing for the Pennsylvania Amber Alert System and the
Pennsylvania Green Alert System; authorizing and directing
the Pennsylvania State Police to establish and maintain the
[Pennsylvania Amber Alert System] alert systems; assessing
costs; and providing for immunity and penalties.
Section 1. Pennsylvania Amber Alert System [and], Missing
Endangered Person Advisory System (MEPAS) and
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Pennsylvania Green Alert System 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, 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.
(c) Pennsylvania Green Alert System.--
(1) The Pennsylvania State Police, in consultation with
the Department of Military and Veterans Affairs, shall
establish and maintain the Pennsylvania Green Alert System to
notify the public of a missing person who is a veteran at
risk.
(2) The Pennsylvania Green Alert System shall be
operated by the Pennsylvania State Police. Activation may be
requested by a law enforcement agency if the law enforcement
agency determines that there is reason to believe:
(i) the missing individual is a veteran at risk;
(ii) the individual is missing due to the
individual's physical or mental health condition;
(iii) the missing individual poses a threat to the
missing individual's health and safety or the health and
safety of another; and
(iv) there is sufficient information available to
disseminate that could assist in locating the missing
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individual.
(3) The notification under this subsection shall include
a description of the person and other information as deemed
appropriate.
(4) For purposes of this subsection, the term "veteran
at risk" means a veteran or an active-duty member of the
armed forces, the National Guard or the military reserve
forces of the United States who is known, based on the
information provided by the person making the report, to be
suffering from, or to have a history of, physical or mental
health issues, including traumatic brain injury,
neurocognitive disorders, post-traumatic stress disorder,
suicide attempts or impulses or substance use disorder
related to his or her military service.
Section 5. Immunity.
* * *
(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 or a person who is the subject of a Pennsylvania Green
Alert System notice 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 2. This act shall take effect immediately.
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