PRINTER'S NO. 95
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
49
Session of
2019
INTRODUCED BY KILLION, BARTOLOTTA, BLAKE, BREWSTER, BROWNE,
DINNIMAN, FOLMER, KEARNEY, MENSCH, PHILLIPS-HILL,
SANTARSIERO, TARTAGLIONE AND K. WARD, JANUARY 29, 2019
REFERRED TO JUDICIARY, JANUARY 29, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for civil immunity of person rescuing
minor 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:
ยง 8332.9. Civil immunity of person rescuing minor from motor
vehicle.
(a) General rule.--A person who removes or attempts to
remove a minor from a motor vehicle shall be immune from civil
liability for any damage to the motor vehicle or property
contained in the motor vehicle resulting from the removal or
attempt if the person:
(1) Determines that the motor vehicle is locked or no
reasonable method exists for the minor to exit the motor
vehicle.
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(2) Has a reasonable and good faith belief that forcible
entry into the motor vehicle is necessary because the minor
is in imminent danger of suffering harm if not immediately
removed from the motor vehicle.
(3) Contacts any of the following before the removal or
attempt occurs, if practicable, or as soon as possible after
the removal or attempt occurs:
(i) The local law enforcement agency.
(ii) The fire department.
(iii) A 911 emergency service operator.
(4) Remains with the minor at a safe location near the
motor vehicle until a law enforcement officer arrives.
(5) Uses no more force than necessary for the removal or
attempt.
(b) Exceptions.--Subsection (a) does not grant immunity from
civil liability to a person who:
(1) renders aid to a minor beyond what is authorized
under subsection (a); or
(2) exercises gross negligence or willful or wanton
misconduct in the removal of or attempt to remove the minor
from the motor vehicle.
Section 2. This act shall take effect in 60 days.
20190SB0049PN0095 - 2 -
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