PRINTER'S NO. 768
No. 503 Session of 2007
INTRODUCED BY STACK, TARTAGLIONE, BOSCOLA, KITCHEN, STOUT,
RAFFERTY, COSTA, FONTANA, LAVALLE, FERLO AND BROWNE,
MARCH 29, 2007
REFERRED TO LAW AND JUSTICE, MARCH 29, 2007
AN ACT
1 Establishing the Peter Roberto Alert System as an addition to
2 the Amber Alert System; providing for certain immunity; and
3 prescribing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Peter Roberto
8 Alert System Act.
9 Section 2. Pennsylvania Peter Roberto Alert System established.
10 The Pennsylvania State Police shall establish and maintain
11 the Peter Roberto Alert System to assist in the identification
12 and arrest of vehicle operators who violate 75 Pa.C.S. § 3742(a)
13 (relating to accidents involving death or personal injury). The
14 Pennsylvania State Police shall establish such protocols and
15 procedures as are necessary for the effective operation of this
16 system and shall educate and inform local law enforcement
17 agencies and the public with regard to its availability.
18 Section 3. Prohibited use and penalty.
1 The transmission, broadcast or other communication of a
2 public alert, other than through the Peter Roberto Alert System,
3 intentionally, knowingly, recklessly or negligently purporting
4 to be made by, with or through the authority of the Peter
5 Roberto Alert System is prohibited and shall be subject to a
6 civil penalty of not more than $5,000.
7 Section 4. Coordination with other jurisdictions.
8 The Pennsylvania State Police shall coordinate with the
9 authorities of the various states and the Federal Government
10 that are responsible within their respective jurisdictions for
11 apprehending drivers who flee the scene of accidents to
12 establish and execute the procedures appropriate to the
13 effective fulfillment of its responsibilities under section 2.
14 Section 5. Assessment of cost.
15 Unless the court finds that undue hardship would result, in
16 addition to any other cost imposed by law, a cost of $25 shall
17 automatically be assessed on each person convicted, adjudicated
18 delinquent or granted accelerated rehabilitative disposition
19 (ARD) of the offenses set forth in 75 Pa.C.S. § 3742(a)
20 (relating to accidents involving death or personal injury). The
21 cost shall be forwarded to the Commonwealth and used by the
22 Pennsylvania State Police to establish and maintain the Peter
23 Roberto Alert System and apply to 75 Pa.C.S. § 3742(a).
24 Section 6. Immunity.
25 (a) Media immunity.--Owners, licensees, operators and
26 employees of any communication medium, including, but not
27 limited to, telephone, radio, television, newspaper, digital
28 communications network or global communications network, shall
29 be immune from civil liability for their good faith conduct
30 while participating in accordance with this act.
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1 (b) Good Samaritan immunity.--Any person who provides,
2 obtains or attempts to provide or obtain assistance for a person
3 who is the subject of a Peter Roberto Alert System notice shall
4 be immune from civil liability for acts or omissions in
5 providing or obtaining or attempting to provide or obtain
6 assistance except for acts or omissions intended to cause harm
7 and for which the law does not recognize justification or that
8 constitute gross negligence or willful, wanton or reckless
9 conduct.
10 Section 7. Effective date.
11 This act shall take effect in 60 days.
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