Bill Text: PA HB2694 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for antidrug and town-watch volunteer civil immunity; and providing for neighborhood watch groups.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-10-17 - Referred to JUDICIARY [HB2694 Detail]

Download: Pennsylvania-2011-HB2694-Introduced.html

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PRINTER'S NO. 4271
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2694 Session of2012
INTRODUCED BY WATERS, DAVIDSON, PASHINSKI AND PARKER, OCTOBER 17, 2012
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 44
(Law and Justice) of the Pennsylvania Consolidated Statutes,
further providing for antidrug and town-watch volunteer civil
immunity; and providing for neighborhood watch groups.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8332.6 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8332.6. Antidrug and [town-watch] neighborhood watch
volunteer civil immunity.
(a) General rule.--An antidrug or [town-watch] neighborhood
watch volunteer who acts in good faith and within the scope of
the volunteer's role with an antidrug [or crime prevention]
volunteer organization, neighborhood watch group or government
agency shall be immune from civil liability for damage caused by
acts or omissions unless all of the following apply:
(1) The conduct of the volunteer falls substantially
below the standards generally practiced and accepted in like
circumstances by similar persons rendering such services.
(2) It is shown that the volunteer performed an act or
failed to perform an act which the volunteer was under a
recognized duty to another to perform, knowing or having
reason to know that such act or omission created a
substantial risk or actual harm to the person or property of
another. It is insufficient to impose liability under this
paragraph to establish only that the conduct of the volunteer
fell below ordinary standards of care.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Antidrug [or town-watch] volunteer." A person performing
services for an antidrug [or town-watch] volunteer organization
or government agency without compensation other than
reimbursement for actual expenses incurred. The term includes a
volunteer serving as a director, officer, trustee or direct
service volunteer.
"Antidrug [or town-watch] volunteer organization." A
nonprofit organization, corporate volunteer program, medical
facility or substance abuse treatment program that uses
volunteers to reduce crime and drug use in the community.
"Corporate volunteer program." A program administered by an
entity other than a nonprofit organization or government agency
that enlists primarily its own employees, retirees, partners or
professional affiliates in a volunteer capacity to achieve
objectives that would qualify as charitable under section 501(c)
of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 501(c)).
"Neighborhood watch group." As defined in 44 Pa.C.S. § 8301
(relating to definitions).
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"Neighborhood watch volunteer." A person performing services
for a neighborhood watch group which has complied with all of
the requirements of 44 Pa.C.S. Ch. 83 (relating to neighborhood
watch groups) or a government agency without compensation other
than reimbursement for actual expenses incurred. The term
includes a volunteer serving as a director, officer, trustee or
direct service volunteer.
"Nonprofit organization." An organization which is described
in section 501(c) of the Internal Revenue Code of 1986 (Public
Law 99-514, 26 U.S.C. § 501(c)), whether or not it has been
certified by the Internal Revenue Service.
Section 2. Title 44 is amended by adding a part to read:
PART V
CRIME PREVENTION
Ch.
81. Preliminary Provisions
83. Neighborhood Watch Groups
CHAPTER 81
PRELIMINARY PROVISIONS
(Reserved)
CHAPTER 83
NEIGHBORHOOD WATCH GROUPS
Sec.
8301. Definitions.
8302. Permission.
8303. Training.
8304. Insurance.
8305. Registration.
§ 8301. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Neighborhood watch group." A crime prevention program
consisting of a group of at least four individuals living in the
same area who work together and in conjunction with local law
enforcement to reduce crime in their area.
"Patrol." An individual who walks or drives within the
neighborhood during designated tours of duty looking for
suspicious activity not normally noticed by stationary
observers.
§ 8302. Permission.
A member of a neighborhood watch group may only carry a
licensed firearm while on patrol if, by a majority vote, the
members of the neighborhood watch group permit the member to do
so.
§ 8303. Training.
(a) Requirement.--Members of a neighborhood watch group must
attend public safety training provided by the Pennsylvania State
Police.
(b) Firearms.--A member of a neighborhood watch group who
carries a firearm under section 8302 (relating to permission)
must undergo firearm training provided by the Pennsylvania State
Police.
(c) Duties.--The Pennsylvania State Police shall create and
administer any training required under this section.
§ 8304. Insurance.
If a neighborhood watch group permits members to carry
firearms under section 8302 (relating to permission), the
neighborhood watch group must purchase a firearm liability
insurance policy covering all firearms that are licensed under
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each neighborhood watch group member's name. The following shall
apply to the firearm liability insurance policy:
(1) The payment of any annual premium must be paid in
full and distributed equally among each member of the
neighborhood watch group.
(2) The policy shall be in an amount of at least
$1,000,000.
(3) The policy must satisfy any judgment for personal
injuries or property damages arising out of the negligent or
willful acts involving the use of an insured firearm. The
policy may not cover any unlawful acts.
§ 8305. Registration.
(a) Requirement.--A neighborhood watch group must register
with the Attorney General and provide all of the following
information:
(1) The full name of each member.
(2) The address and the telephone number of each member.
(3) The members of the neighborhood watch group who have
a licensed firearm.
(4) The members of the neighborhood watch group who have
or will carry their firearms while on patrol.
(b) Proof.--A neighborhood watch group must annually provide
proof to the Attorney General of all of the following:
(1) That each member has completed any training required
under this chapter.
(2) Firearm liability insurance under section 8304
(relating to insurance). If a neighborhood watch group fails
to renew its insurance or provide proof of insurance within
30 days after the initial date of registration, the
registration shall be revoked by the Attorney General.
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(c) Database.--The Attorney General shall create a database
which contains information regarding all neighborhood watch
groups in this Commonwealth.
Section 3. This act shall take effect in 60 days.
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