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| PRIOR PRINTER'S NO. 1190 | PRINTER'S NO. 2064 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY O'PAKE, MUSTO, WASHINGTON, STOUT, TARTAGLIONE, FERLO, BOSCOLA, ALLOWAY, FONTANA, FARNESE, WARD, STACK AND BROWNE, JUNE 22, 2009 |
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| SENATOR PIPPY, LAW AND JUSTICE, AS AMENDED, JUNE 15, 2010 |
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| AN ACT |
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1 | Amending the act of November 24, 2004 (P.L.1270, No.153), |
2 | entitled "An act providing for the Pennsylvania Amber Alert |
3 | System; authorizing and directing the Pennsylvania State |
4 | Police to establish and maintain the Pennsylvania Amber Alert |
5 | System; assessing costs; and providing for immunity and |
6 | penalties," further providing for Pennsylvania Amber Alert |
7 | System established, for prohibited use, for coordination with |
8 | other jurisdictions and for immunity; and creating the |
9 | Missing Endangered Person Advisory System. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Sections 1 and 2 of the act of November 24, 2004 |
13 | (P.L.1270, No.153), referred to as the Pennsylvania Amber Alert |
14 | System Law, are amended to read: |
15 | Section 1. Pennsylvania Amber Alert System and Missing |
16 | Endangered Person Advisory System (MEPAS) |
17 | established. |
18 | (a) Pennsylvania Amber Alert System.--The Pennsylvania State |
19 | Police shall establish and maintain the Pennsylvania Amber Alert |
20 | System to assist in the recovery of abducted children through |
21 | prompt notification to the general public [and], appropriate law |
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1 | enforcement authorities and other public agencies. |
2 | (b) Missing Endangered Person Advisory System (MEPAS).--The |
3 | Pennsylvania State Police shall establish and maintain the |
4 | Missing Endangered Person Advisory System to assist in the |
5 | recovery of missing persons who are at special risk of harm or |
6 | injury, through prompt notification to the general public, |
7 | appropriate law enforcement authorities and other agencies. |
8 | Section 1.1. Duties of Pennsylvania State Police. |
9 | The Pennsylvania State Police shall establish such protocols |
10 | and procedures as are necessary for the effective operation of |
11 | [this] each system and shall educate and inform local law | <-- |
12 | enforcement agencies and the public with regard to [its] the |
13 | availability of each system. |
14 | Section 2. Prohibited use of Amber Alerts. |
15 | The transmission, broadcast or other communication of a |
16 | public alert, other than through the Pennsylvania Amber Alert |
17 | System, intentionally, knowingly, recklessly or negligently |
18 | purporting to be made by, with or through the authority of the |
19 | Pennsylvania Amber Alert System is prohibited and shall be |
20 | subject to a civil penalty of not more than $5,000. |
21 | Section 2. The act is amended by adding a section to read: |
22 | Section 2.1. Use of Missing and Endangered Person Advisory |
23 | System. |
24 | The Pennsylvania Missing Endangered Person Advisory System |
25 | shall be operated by the Pennsylvania State Police. Activation |
26 | may be requested by law enforcement agencies when public |
27 | assistance is considered expedient to the recovery of a missing |
28 | individual believed to be at special risk of harm or injury. The |
29 | ability of law enforcement agencies to independently notify or |
30 | request assistance from the public shall not be impaired or |
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1 | restricted in any way. |
2 | Section 3. Sections 3 and 5 of the act are amended to read: |
3 | Section 3. Coordination with other jurisdictions. |
4 | The Pennsylvania State Police shall coordinate with the |
5 | authorities of the various states and the Federal Government |
6 | that are responsible within their respective jurisdictions for |
7 | the recovery of abducted children to establish and execute the |
8 | procedures appropriate to the effective fulfillment of its |
9 | responsibilities [under section 1] relating to the Pennsylvania |
10 | Amber Alert System. |
11 | Section 5. Immunity. |
12 | (a) Media immunity.--Owners, licensees, operators and |
13 | employees of any communication medium, including, but not |
14 | limited to, telephone, radio, television, newspaper, digital |
15 | communications network or global communications network, shall |
16 | be immune from civil liability for their good faith conduct |
17 | while participating in accordance with this act. |
18 | (b) Good Samaritan immunity.--Any person who provides, |
19 | obtains or attempts to provide or obtain assistance for a child |
20 | who is the subject of a Pennsylvania Amber Alert System notice |
21 | or a person who is the subject of a Missing Endangered Person |
22 | Advisory shall be immune from civil liability for acts or |
23 | omissions in providing or obtaining or attempting to provide or |
24 | obtain assistance except for acts or omissions intended to cause |
25 | harm and for which the law does not recognize justification or |
26 | that constitute gross negligence or willful, wanton or reckless |
27 | conduct. |
28 | Section 4. This act shall take effect in 60 days. |
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