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PRIOR PRINTER'S NO. 247
PRINTER'S NO. 1330
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
279
Session of
2019
INTRODUCED BY BOBACK, PICKETT, RYAN, GREINER, DIAMOND, MILLARD,
ISAACSON, McNEILL, DOWLING, OTTEN, KORTZ, STRUZZI, WARREN,
MURT, JOZWIAK, READSHAW, BROWN, HILL-EVANS, CIRESI, OWLETT,
IRVIN, KAUFER, NEILSON, TOOHIL, GILLEN AND FARRY,
JANUARY 29, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 8, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, FURTHER providing for rescue from motor vehicle.
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:
§ 8340.4. Rescue from motor vehicle.
No person shall be liable for damage to a motor vehicle or
SECTION 1. SECTION 8340.3 OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, ADDED OCTOBER 24, 2018 (P.L.685, NO.104),
IS AMENDED TO READ:
§ 8340.3. RESCUE FROM MOTOR VEHICLE.
(A) [(RESERVED).] RESCUE OF INDIVIDUAL.--NO PERSON SHALL BE
LIABLE FOR DAMAGE TO A MOTOR VEHICLE OR the contents thereof
caused by entry into the motor vehicle for the purpose of
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removing an individual from the motor vehicle, if the person:
(1) Has a good-faith, reasonable belief that the
individual is in imminent danger of suffering harm if not
immediately removed from the motor vehicle.
(2) Determines that the individual is unable to exit the
motor vehicle without assistance.
(3) Makes a reasonable effort to locate the driver of
the motor vehicle and to contact law enforcement, a fire
department or other emergency responder prior to entry. If
the driver is not located and such contact is not possible
prior to entering the motor vehicle, the person shall contact
law enforcement, a fire department or other emergency
responder as soon as reasonably possible after entering the
motor vehicle.
(4) Uses no more force than necessary under the
circumstances to enter the motor vehicle.
(5) Makes a good-faith effort to leave notice on or in
the motor vehicle stating the reason the entry was made, the
location of the individual who was removed from the motor
vehicle and, if possible, identifying the police or fire
department or other emergency responder that is expected to
respond.
(6) Remains with the individual in a safe location until
law enforcement or emergency responders arrive.
(B) RESCUE OF DOG OR CAT.--NO LAW ENFORCEMENT OFFICER,
ANIMAL CONTROL OFFICER, HUMANE SOCIETY POLICE OFFICER OR
EMERGENCY RESPONDER, OR THE EMPLOYER OF A LAW ENFORCEMENT
OFFICER, HUMANE SOCIETY POLICE OFFICER OR EMERGENCY RESPONDER,
SHALL BE LIABLE FOR DAMAGE TO A MOTOR VEHICLE OR THE CONTENTS
THEREOF CAUSED BY ENTRY INTO THE MOTOR VEHICLE FOR THE PURPOSE
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OF REMOVING A DOG OR CAT, IF THE LAW ENFORCEMENT OFFICER, HUMANE
SOCIETY POLICE OFFICER OR EMERGENCY RESPONDER DOES ALL OF THE
FOLLOWING:
(1) HAS A GOOD-FAITH, REASONABLE BELIEF THAT THE DOG OR
CAT IS IN IMMINENT DANGER OF SUFFERING HARM IF NOT
IMMEDIATELY REMOVED FROM THE MOTOR VEHICLE.
(2) MAKES A REASONABLE EFFORT TO LOCATE THE DRIVER OF
THE MOTOR VEHICLE PRIOR TO ENTRY.
(3) TAKES REASONABLE STEPS TO ENSURE OR RESTORE THE
WELL-BEING OF THE DOG OR CAT.
(4) USES NO MORE FORCE THAN NECESSARY UNDER THE
CIRCUMSTANCES TO ENTER THE MOTOR VEHICLE.
(5) LEAVES NOTICE ON OR IN THE MOTOR VEHICLE STATING THE
REASON ENTRY WAS MADE, THE NAME OF THE PERSON AND OF THE
PERSON'S EMPLOYER, A TELEPHONE NUMBER AND, IF POSSIBLE, THE
LOCATION WHERE THE DOG OR CAT MAY BE RETRIEVED.
(C) LIMITATION.--A PERSON SHALL NOT BE IMMUNE FROM CIVIL
LIABILITY FOR DAMAGE RESULTING FROM THE ENTRY IF THE PERSON'S
ACTIONS CONSTITUTE GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL OR
WANTON MISCONDUCT.
Section 2. This act shall take effect in 60 days.
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