H1152B1375A02307 BIL:JSL 06/26/17 #90 A02307
AMENDMENTS TO HOUSE BILL NO. 1152
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 1375
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for rescue from motor vehicle.
Amend Bill, page 1, lines 9 through 17; page 2, lines 1
through 26; by striking out all of said lines on said pages and
inserting
ยง 8340.3. Rescue from motor vehicle.
(a) Rescue of individual.--No person shall be liable for
damage to a motor vehicle or the contents thereof caused by
entry into the motor vehicle for the purpose of removing an
individual from the motor vehicle, if the person:
(1) Has a good-faith, reasonable belief that the
individual is in imminent danger of suffering harm if not
immediately removed from the motor vehicle.
(2) Determines that the individual is unable to exit the
motor vehicle without assistance.
(3) Makes a reasonable effort to locate the driver of
the motor vehicle and to contact law enforcement, a fire
department or other emergency responder prior to entry. If
the driver is not located and such contact is not possible
prior to entering the motor vehicle, the person shall contact
law enforcement, a fire department or other emergency
responder as soon as reasonably possible after entering the
motor vehicle.
(4) Uses no more force than necessary under the
circumstances to enter the motor vehicle.
(5) Makes a good-faith effort to leave notice on or in
the motor vehicle stating the reason the entry was made, the
location of the individual who was removed from the motor
vehicle and, if possible, identifying the police or fire
department or other emergency responder that is expected to
respond.
(6) Remains with the individual in a safe location until
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law enforcement or emergency responders arrive.
(b) (Reserved).
(c) Limitation.--A person shall not be immune from civil
liability for damage resulting from the entry if the person's
actions constitute gross negligence, recklessness or willful or
wanton misconduct.
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