Pennsylvania Act 2002-227 — COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE ACT

Act text

AN ACT

Providing for counterterrorism planning, preparedness and response; imposing powers and duties on the Pennsylvania Emergency Management Agency, the Department of Health, counties and municipalities; and providing for the organization of various response teams.

TABLE OF CONTENTS

Chapter 1. General Provisions

Section 101. Short title.

Section 102. Definitions.

Chapter 2. Counterterrorism Planning, Preparedness and Response (Repealed)

Section 201. Counterterrorism planning, preparedness and response program (Repealed).

Section 202. Regional counterterrorism task forces (Repealed).

Section 203. Regional counterterrorism response and preparedness (Repealed).

Section 204. Urban search and rescue task force (Repealed).

Section 205. Specialized Statewide response teams (Repealed).

Section 206. Grant program (Repealed).

Section 207. Miscellaneous provisions (Repealed).

Section 208. Commonwealth indemnification (Repealed).

Chapter 3. Public Health Emergency Measures

Section 301. Temporary isolation and quarantine without notice.

Section 302. Immunity from liability.

Section 303. Effective date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

CHAPTER 1

GENERAL PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Counterterrorism Planning, Preparedness and Response Act.

Section 102. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Department." The Department of Health of the Commonwealth.

"Disaster medical assistance teams." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Disaster mortuary teams." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"FEMA." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Letter of agreement." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Local health department." A county department of health under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law, or a department of health in a municipality approved for a Commonwealth grant to provide local health services under section 25 of the Local Health Administration Law.

"Manmade disaster." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Municipal or municipality." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Mutual aid." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Mutual aid agreement." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Natural disaster." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Regional counterterrorism task force." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Specialized regional counterterrorism response team." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Specialized Statewide response team." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Terrorism." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Urban search and rescue task force." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

"Volunteer service organization." (Def. repealed Oct. 29, 2024, P.L.1026, No.113).

CHAPTER 2

COUNTERTERRORISM PLANNING, PREPAREDNESS

AND RESPONSE

(Ch. 2 repealed Oct. 29, 2024, P.L.1026, No.113)

Compiler's Note: See section 4 of Act 113 of 2024 in the appendix to this act for special provisions relating to continuation of prior law. The subject matter is now contained in Chapter 72 of Title 35 (Health and Safety).

Section 201. Counterterrorism planning, preparedness and response program. (201 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 202. Regional counterterrorism task forces. (202 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 203. Regional counterterrorism response and preparedness. (203 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 204. Urban search and rescue task force. (204 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 205. Specialized Statewide response teams. (205 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 206. Grant program. (206 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 207. Miscellaneous provisions. (207 repealed Oct. 29, 2024, P.L.1026, No.113)

Section 208. Commonwealth indemnification. (208 repealed Oct. 29, 2024, P.L.1026, No.113)

CHAPTER 3

PUBLIC HEALTH EMERGENCY MEASURES

Section 301. Temporary isolation and quarantine without notice.

(a) Temporary isolation or quarantine.--In the case of an actual or suspected outbreak of a contagious disease or epidemic due to an actual or suspected bioterrorist or biohazardous event, the Governor, in consultation with the Secretary of Health, may temporarily isolate or quarantine an individual or groups of individuals through a written order if delay in imposing the isolation or quarantine through judicial proceedings currently available to the department and local health departments would significantly jeopardize the department's ability to prevent or limit the transmission of a contagious or potentially contagious disease to others. This subsection shall not require a declaration of disaster emergency by the Governor in order to be effective.

(b) Judicial review.--

(1) After issuing the written order, the department or local health department shall promptly file a petition with the court within 24 hours or the next court business day after the issuance of the order for a hearing to authorize the continued isolation or quarantine.

(2) The court shall hold a hearing on the petition not more than 72 hours after the filing of the petition to determine whether continued isolation or quarantine is warranted.

(3) Reasonable notice, either oral or written, stating the time, place and purpose of the hearing shall be given to the isolated or quarantined individual. The court may determine the manner in which the hearing shall occur, including through the use of closed-circuit television.

(4) An isolated or quarantined individual is entitled to representation by legal counsel at all stages of any proceedings under this section and, if the individual is without financial resources or otherwise unable to employ counsel, the court shall provide counsel for him.

(5) If the court determines continued isolation or quarantine is warranted, the court shall so order the continued isolation or quarantine and shall fix the time and duration of the isolation or quarantine, which in no case shall exceed 30 days except as set forth in paragraph (6).

(6) Where an individual has been isolated or quarantined for a period of 30 days, the department shall ask the court to review the order to determine if further isolation or quarantine is warranted.

(7) The department or local health department shall provide the court with ongoing reports on the isolated or quarantined individual during the period of isolation or quarantine.

(c) Relation to other laws.--Nothing in this section shall be construed to limit the existing authority of the Secretary of Health or the department or a local health department.

Section 302. Immunity from liability.

The provisions of 42 Pa.C.S. § 8331 (relating to medical good Samaritan civil immunity), 8332 (relating to nonmedical good Samaritan civil immunity) or 8332.4 (relating to volunteer-in-public-service negligence standard) shall apply to any person who provides assistance in carrying out the provisions of this chapter.

Section 303. Effective date.

This act shall take effect in 30 days.