PRINTER'S NO. 1341
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1033
Session of
2022
INTRODUCED BY BREWSTER, FONTANA, MENSCH, FLYNN AND BROOKS,
JANUARY 25, 2022
REFERRED TO JUDICIARY, JANUARY 25, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, providing for the offense of failure to provide
reasonable assistance to persons subject to grave physical
harm.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5113. Failure to provide reasonable assistance to persons
subject to grave physical harm.
(a) Offense defined.--Except as provided under subsection
(b), a person commits an offense if the person:
(1) knows that another person is exposed to or has
suffered grave physical harm at the scene of an emergency
event or crime; and
(2) fails to provide reasonable assistance to the other
person.
(b) Exception.--Subsection (a) shall not apply to a person
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
who cannot provide reasonable assistance to another person
without being subject to danger or peril or subjecting another
person to danger or peril.
(c) Grading.--A violation of subsection (a) constitutes a
misdemeanor of the third degree.
(d) Immunity from prosecution.--A person who provides or
obtains or attempts to provide or obtain assistance for a victim
of a personal injury crime or an attempted personal injury crime
at the scene of the personal injury crime or attempted personal
injury crime shall not be subject to prosecution under this
section as a result of an act or omission in providing or
obtaining or attempting to provide or obtain assistance, except
in the case of an act or omission intentionally designed to harm
or an act or omission that constitutes gross negligence or
willful, wanton or reckless conduct.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Emergency services personnel." Federal, State or local
emergency public safety personnel, emergency medical service
personnel, law enforcement officers, trained volunteers or
members of the armed forces of the United States or the National
Guard, whose official or assigned responsibilities include
performing or directly supporting the performance of emergency
medical and rescue services or firefighting, or any other
personnel from an agency or authority with a duty to respond to
an emergency.
"Grave physical harm." Any of the following:
(1) Bodily injury, serious bodily injury or death.
(2) Imminent danger of bodily injury, serious bodily
20220SB1033PN1341 - 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
injury or death.
"Law enforcement officer." A person who by virtue of the
person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, or a person on active State duty under 51
Pa.C.S. § 508 (relating to active duty for emergency).
"Personal injury crime." As defined in section 103 of the
act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act.
"Reasonable assistance." The term includes, but is not
limited to, obtaining or attempting to obtain aid from an
emergency services personnel.
"Victim." As defined in section 103 of the Crime Victims
Act.
Section 2. This act shall take effect in 60 days.
20220SB1033PN1341 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16