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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, KITCHEN, FONTANA, SOLOBAY, BREWSTER, BOSCOLA, RAFFERTY, TARTAGLIONE, BROWNE, FERLO AND FARNESE, MARCH 7, 2011 |
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| REFERRED TO LAW AND JUSTICE, MARCH 7, 2011 |
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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. |
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1 | Section 3. Prohibited use. |
2 | (a) General rule.--No person may intentionally, knowingly, |
3 | recklessly or negligently transmit, broadcast or otherwise |
4 | communicate a public alert, other than through the Peter Roberto |
5 | Alert System, or intentionally, knowingly, recklessly or |
6 | negligently falsely represent that a transmission, broadcast or |
7 | communication of a public alert is made by, with or through the |
8 | authority of the Peter Roberto Alert System. |
9 | (b) Penalty.--A person who violates subsection (a) shall be |
10 | subject to a civil penalty of not more than $5,000. |
11 | Section 4. Coordination with other jurisdictions. |
12 | The Pennsylvania State Police shall coordinate with the |
13 | authorities of the various states and the Federal Government |
14 | that are responsible within their respective jurisdictions for |
15 | apprehending drivers who flee the scene of accidents to |
16 | establish and execute the procedures appropriate to the |
17 | effective fulfillment of its responsibilities under section 2. |
18 | Section 5. Assessment of cost. |
19 | Unless the court finds that undue hardship would result, in |
20 | addition to any other cost imposed by law, a cost of $25 shall |
21 | automatically be assessed on each person convicted, adjudicated |
22 | delinquent or granted accelerated rehabilitative disposition |
23 | (ARD) of the offenses set forth in 75 Pa.C.S. § 3742(a) |
24 | (relating to accidents involving death or personal injury). The |
25 | cost shall be forwarded to the Commonwealth and used by the |
26 | Pennsylvania State Police to establish and maintain the Peter |
27 | Roberto Alert System and to administer 75 Pa.C.S. § 3742(a). |
28 | Section 6. Immunity. |
29 | (a) Media immunity.--Owners, licensees, operators and |
30 | employees of any communication medium, including, but not |
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1 | limited to, telephone, radio, television, newspaper, digital |
2 | communications network or global communications network, shall |
3 | be immune from civil liability for their good faith conduct |
4 | while participating in accordance with this act. |
5 | (b) Good Samaritan immunity.--Any person who provides, |
6 | obtains or attempts to provide or obtain assistance for a person |
7 | who is the subject of a Peter Roberto Alert System notice shall |
8 | be immune from civil liability for acts or omissions in |
9 | providing or obtaining or attempting to provide or obtain |
10 | assistance except for acts or omissions intended to cause harm |
11 | and for which the law does not recognize justification or that |
12 | constitute gross negligence or willful, wanton or reckless |
13 | conduct. |
14 | Section 7. Effective date. |
15 | This act shall take effect in 60 days. |
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