See other bills
under the
same topic
PRINTER'S NO. 1515
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1062
Session of
2018
INTRODUCED BY FONTANA, SABATINA, EICHELBERGER, LEACH, GREENLEAF,
COSTA, RESCHENTHALER, WHITE, BREWSTER, BLAKE, RAFFERTY AND
HUGHES, MARCH 2, 2018
REFERRED TO LAW AND JUSTICE, MARCH 2, 2018
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for the Pennsylvania Amber
Alert System, the Missing Endangered Person Advisory System
(MEPAS) and the Pennsylvania Green Alert System and for
duties of the Pennsylvania State Police; assessing costs;
providing for immunity and penalties; and making a related
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 55
RECOVERY ASSISTANCE SYSTEMS
FOR ABDUCTED AND MISSING PERSONS
Sec.
5501. Definitions.
5502. Pennsylvania Amber Alert System.
5503. Missing Endangered Person Advisory System (MEPAS).
5504. Pennsylvania Green Alert System.
5505. Duties of Pennsylvania State Police.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
5506. Prohibited use of Amber Alerts and Green Alerts .
5507. Use of Missing Endangered Person Advisory System.
5508. Coordination with other jurisdictions.
5509. Assessment of cost.
5510. Immunity.
§ 5501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"At-risk veteran." A veteran or active-duty member of the
armed forces, the National Guard or the military reserve forces
of the United States, who is known to have a physical or mental
health condition that is related to the veteran's service.
"System." The Pennsylvania Amber Alert System, the Missing
Endangered Person Advisory System (MEPAS) and the Pennsylvania
Green Alert System.
§ 5502. Pennsylvania Amber Alert System.
The Pennsylvania State Police shall establish and maintain
the Pennsylvania Amber Alert System to assist in the recovery of
abducted children through prompt notification to the general
public, appropriate law enforcement authorities and other public
agencies.
§ 5503. Missing Endangered Person Advisory System (MEPAS).
The Pennsylvania State Police shall establish and maintain
the Missing Endangered Person Advisory System to assist in the
recovery of missing persons who are at special risk of harm or
injury, through prompt notification to the general public,
appropriate law enforcement authorities and other agencies.
§ 5504. Pennsylvania Green Alert System.
The Pennsylvania State Police shall establish and maintain
20180SB1062PN1515 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Pennsylvania Green Alert System to assist in the recovery of
missing at-risk veterans through prompt notification to the
general public, appropriate law enforcement authorities and
other public agencies.
§ 5505. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall establish such protocols
and procedures as are necessary for the effective operation of
each system and shall educate and inform local law enforcement
agencies and the public with regard to the availability of each
system .
§ 5506. Prohibited use of Amber Alerts and Green Alerts .
The transmission, broadcast or other communication of a
public alert, other than through the Pennsylvania Amber Alert
System or the Pennsylvania Green Alert System , intentionally,
knowingly, recklessly or negligently purporting to be made by,
with or through the authority of the Pennsylvania Amber Alert
System or the Pennsylvania Green Alert System is prohibited and
shall be subject to a civil penalty of not more than $5,000.
§ 5507. Use of Missing Endangered Person Advisory System.
The Pennsylvania Missing Endangered Person Advisory System
shall be operated by the Pennsylvania State Police. Activation
may be requested by law enforcement agencies when public
assistance is considered expedient to the recovery of a missing
individual believed to be at special risk of harm or injury. The
ability of law enforcement agencies to independently notify or
request assistance from the public shall not be impaired nor
restricted in any way.
§ 5508. Coordination with other jurisdictions.
The Pennsylvania State Police shall coordinate with the
authorities of the various states and the Federal Government
20180SB1062PN1515 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that are responsible within their respective jurisdictions for
the recovery of abducted children to establish and execute the
procedures appropriate to the effective fulfillment of the
Pennsylvania State Police's responsibilities relating to the
Pennsylvania Amber Alert System .
§ 5509. Assessment of cost.
Unless the court finds that undue hardship would result, in
addition to any other cost imposed by law, a cost of $25 shall
automatically be assessed on each person convicted, adjudicated
delinquent or granted Accelerated Rehabilitative Disposition
(ARD) of the offenses named in this section. The cost shall be
forwarded to the Commonwealth and used by the Pennsylvania State
Police to establish and maintain the Pennsylvania Amber Alert
S ystem and apply to the following offenses:
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 2902 (relating to unlawful restraint).
18 Pa.C.S. § 2903 (relating to false imprisonment).
18 Pa.C.S. § 2904 (relating to interference with custody
of children).
18 Pa.C.S. § 2905 (relating to interference with custody
of committed persons).
18 Pa.C.S. § 2906 (relating to criminal coercion).
18 Pa.C.S. § 2907 (relating to disposition of ransom).
18 Pa.C.S. § 2908 (relating to missing children).
18 Pa.C.S. § 2909 (relating to concealment of whereabouts
of a child).
18 Pa.C.S. § 2910 (relating to luring a child into a
motor vehicle or structure).
§ 5510. Immunity.
(a) Media immunity.--Owners, licensees, operators and
20180SB1062PN1515 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employees of any communication medium, including, but not
limited to, telephone, radio, television, newspaper, digital
communications networks or global communications networks, shall
be immune from civil liability for their good faith conduct
while participating in accordance with this chapter.
(b) Good Samaritan immunity.--Any person who provides,
obtains or attempts to provide or obtain assistance for a child
who is the subject of a Pennsylvania Amber Alert System notice,
a person who is the subject of a Missing Endangered Person
Advisory or an at-risk veteran who is the subject of a
Pennsylvania Green Alert shall be immune from civil liability
for acts or omissions in providing or obtaining or attempting to
provide or obtain assistance except for acts or omissions
intended to cause harm and for which the law does not recognize
justification or that constitute gross negligence or willful,
wanton or reckless conduct.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 35
Pa.C.S. Ch. 55.
(2) The act of November 24, 2004 (P.L.1270, No.153),
referred to as the Pennsylvania Amber Alert System Law, is
repealed.
Section 3. The addition of 35 Pa.C.S. Ch. 55 is a
continuation of the act of November 24, 2004 (P.L.1270, No.153),
referred to as the Pennsylvania Amber Alert System Law. The
following apply:
(1) Except as otherwise provided in 35 Pa.C.S. Ch. 55,
all activities initiated under the Pennsylvania Amber Alert
System Law shall continue and remain in full force and effect
20180SB1062PN1515 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and may be completed under 35 Pa.C.S. Ch. 55. Orders,
regulations, rules and decisions which were made under the
Pennsylvania Amber Alert System Law and which are in effect
on the effective date of this section shall remain in full
force and effect until revoked, vacated or modified under 35
Pa.C.S. Ch. 55. Contracts, obligations and collective
bargaining agreements entered into under the Pennsylvania
Amber Alert System Law are not affected nor impaired by the
repeal of the Pennsylvania Amber Alert System Law.
(2) Except as set forth in paragraph (3), any difference
in language between 35 Pa.C.S. Ch. 55 and the Pennsylvania
Amber Alert System Law is intended only to conform to the
style of the Pennsylvania Consolidated Statutes and is not
intended to change or affect the legislative intent, judicial
construction or administration and implementation of the
Pennsylvania Amber Alert System Law.
(3) Paragraph (2) does not apply to the addition of the
following provisions:
(i) 35 Pa.C.S. § 5501.
(ii) 35 Pa.C.S. § 5504.
(iii) 35 Pa.C.S. § 5506.
(iv) 35 Pa.C.S. § 5510(b).
Section 4. This act shall take effect immediately.
20180SB1062PN1515 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23