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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, KITCHEN, STOUT, FONTANA, BOSCOLA, BROWNE, TARTAGLIONE, LOGAN, RAFFERTY, COSTA AND FERLO, MARCH 2, 2009 |
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| REFERRED TO LAW AND JUSTICE, MARCH 2, 2009 |
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| AN ACT |
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1 | Establishing the Peter Roberto Alert System; providing for |
2 | certain immunity; and prescribing a penalty. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Peter Roberto |
7 | Alert System Act. |
8 | Section 2. Pennsylvania Peter Roberto Alert System established. |
9 | The Pennsylvania State Police shall: |
10 | (1) Establish and maintain the Peter Roberto Alert |
11 | System to assist in the identification and arrest of vehicle |
12 | operators who violate 75 Pa.C.S. § 3742(a) (relating to |
13 | accidents involving death or personal injury). |
14 | (2) Develop protocols and procedures necessary for the |
15 | effective operation of the Peter Roberto Alert System. |
16 | (3) Educate and inform local law enforcement agencies |
17 | and the public with regard to its availability. |
18 | Section 3. Prohibited use. |
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1 | (a) General rule.--No person shall intentionally, knowingly, |
2 | recklessly or negligently transmit, broadcast or otherwise |
3 | communicate a public alert, other than through the Peter Roberto |
4 | Alert System, or intentionally, knowingly, recklessly or |
5 | negligently falsely represent that a transmission, broadcast or |
6 | communication of a public alert is made by, with or through the |
7 | authority of the Peter Roberto Alert System. |
8 | (b) Penalty.--A person who violates subsection (a) shall be |
9 | subject to a civil penalty of not more than $5,000. |
10 | Section 4. Coordination with other jurisdictions. |
11 | The Pennsylvania State Police shall coordinate with the |
12 | authorities of the various states and the Federal Government |
13 | that are responsible within their respective jurisdictions for |
14 | apprehending drivers who flee the scene of accidents to |
15 | establish and execute the procedures appropriate to the |
16 | effective fulfillment of its responsibilities under section 2. |
17 | Section 5. Assessment of cost. |
18 | Unless the court finds that undue hardship would result, in |
19 | addition to any other cost imposed by law, a cost of $25 shall |
20 | automatically be assessed on each person convicted, adjudicated |
21 | delinquent or granted accelerated rehabilitative disposition |
22 | (ARD) of the offenses set forth in 75 Pa.C.S. § 3742(a) |
23 | (relating to accidents involving death or personal injury). The |
24 | cost shall be forwarded to the Commonwealth and used by the |
25 | Pennsylvania State Police to establish and maintain the Peter |
26 | Roberto Alert System and to administer 75 Pa.C.S. § 3742(a). |
27 | Section 6. Immunity. |
28 | (a) Media immunity.--Owners, licensees, operators and |
29 | employees of any communication medium, including, but not |
30 | limited to, telephone, radio, television, newspaper, digital |
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1 | communications network or global communications network, shall |
2 | be immune from civil liability for their good faith conduct |
3 | while participating in accordance with this act. |
4 | (b) Good Samaritan immunity.--Any person who provides, |
5 | obtains or attempts to provide or obtain assistance for a person |
6 | who is the subject of a Peter Roberto Alert System notice shall |
7 | be immune from civil liability for acts or omissions in |
8 | providing or obtaining or attempting to provide or obtain |
9 | assistance except for acts or omissions intended to cause harm |
10 | and for which the law does not recognize justification or that |
11 | constitute gross negligence or willful, wanton or reckless |
12 | conduct. |
13 | Section 7. Effective date. |
14 | This act shall take effect in 60 days. |
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