PRINTER'S NO. 1375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1152
Session of
2017
INTRODUCED BY BOBACK, WHEELAND, MILLARD, WATSON, KAUFFMAN,
O'NEILL, McNEILL, V. BROWN, BARRAR, O'BRIEN, D. COSTA,
BULLOCK, NEILSON, ROZZI, MURT, READSHAW, IRVIN, GOODMAN,
WARD, CONKLIN, COX, GABLER, FREEMAN, GILLEN AND FARRY,
APRIL 12, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for civil immunity for use of force in
motor vehicle rescue.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8340.3. Civil immunity for use of force in motor vehicle
rescue.
(a) General rule.--A person shall be immune from civil
liability for any damage resulting from the forcible entry of a
motor vehicle for the purpose of removing an individual from the
vehicle if the person:
(1) Determines that the vehicle is locked or there is
otherwise no reasonable method for the individual inside to
exit the vehicle.
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(2) Has a good-faith belief that forcible entry into the
vehicle is necessary because the individual is in imminent
danger of suffering harm if not immediately removed from the
vehicle and, based upon the circumstances known to the person
at the time, the belief is a reasonable one.
(3) Makes a good-faith effort to contact law
enforcement, the fire department or a 911 operator prior to
forcibly entering the vehicle. If contact is not possible
prior to forcibly entering the vehicle, the person shall make
contact as soon as reasonably possible after forcibly
entering the vehicle.
(4) Uses no more force than necessary under the
circumstances to enter the vehicle and remove the individual
from the vehicle.
(5) Makes a good-faith effort to place a notice on the
vehicle's windshield with the person's contact information,
the reason the entry was made, the location of the individual
who was removed from the vehicle and the fact that the
authorities have been notified.
(6) Remains with the individual in a safe location until
law enforcement or emergency responders arrive.
(b) Exceptions.--A person shall not be immune from civil
liability for any damage resulting from the forcible entry if
the person's actions constitute gross negligence, recklessness
or willful or wanton misconduct with regard to the forcible
entry of the motor vehicle.
Section 2. This act shall take effect in 60 days.
20170HB1152PN1375 - 2 -
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