PRINTER'S NO. 754

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 672 Session of 1983


        INTRODUCED BY RHOADES, O'PAKE, BELL, PECORA, HESS, LINCOLN,
           HELFRICK, FISHER, O'CONNELL, CORMAN, STAUFFER, JUBELIRER,
           HAGER, SHUMAKER AND WENGER, APRIL 21, 1983

        REFERRED TO JUDICIARY, APRIL 21, 1983

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for civil
     3     immunity of school officers or employees.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 8337.  Civil immunity of school officers or employees.
     9     (a)  General rule.--Any officer or employee of a school who
    10  reports drug or alcohol abuse involving a student to an other
    11  officer or employee of the school, to a parent or legal guardian
    12  of the student or to law enforcement officers or who refers a
    13  student for treatment or counseling relating to drug or alcohol
    14  abuse shall not be liable to the student or the parents or
    15  guardian of the student for civil damages as a result of any
    16  statements, acts or omissions undertaken with a good faith
    17  effort and intention. This section does not apply to any
    18  statement, acts or omissions which are intentionally designed to

     1  harm or which are grossly negligent and result in harm to the
     2  student.
     3     (b)  Definitions.--As used in this section the following
     4  words and phrases shall have the meanings given to them in this
     5  subsection:
     6     "Drug and alcohol abuse."  The unauthorized use, possession
     7  or distribution of:
     8         (1)  Alcohol, as defined in the act of April 12, 1951
     9     (P.L.90, No.21), known as the Liquor Code.
    10         (2)  Any controlled substance, drug, drug paraphernalia
    11     or counterfeit drug as defined in the act of April 14, 1972
    12     (P.L.233, No.64), known as The Controlled Substance, Drug,
    13     Device and Cosmetic Act.
    14  The term includes any act prohibited under section 13(a)(15) or
    15  (16) of The Controlled Substance, Drug, Device and Cosmetic Act.
    16     "Officer or employee of a school."  A school board member,
    17  principal, superintendent, teacher, guidance counselor or other
    18  educational or medical employee employed in a day or residential
    19  school which provides preschool, kindergarten, elementary or
    20  secondary education in this Commonwealth, at either a public or
    21  nonpublic school.
    22     Section 2.  This act shall take effect in 30 days.






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