Pennsylvania Act 2001-66 — JUDICIAL CODE (42 PA.C.S.) - AMEND ANTIDRUG AND TOWN-WATCH VOLUNTEERS CIVIL IMMUNITY

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND ANTIDRUG AND TOWN-WATCH VOLUNTEERS
                              CIVIL IMMUNITY
                  Act of Jun. 25, 2001, P.L. 697, No. 66              Cl. 42
                             Session of 2001
                               No. 2001-66

     HB 59

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for civil
        immunity for antidrug and town-watch volunteers.
        The General Assembly finds and declares as follows:
            (1)  The willingness of antidrug and town-watch
        volunteers to offer their services has been increasingly
        deterred by a perception that they put personal assets at
        risk in the event of tort actions seeking damages arising
        from their activities as volunteers.
            (2)  The contributions of antidrug and town-watch
        programs, activities and services to communities are
        diminished by the resulting unwillingness of individuals to
        serve either as volunteers or as officers, directors and
        trustees of nonprofit public and private organizations.
            (3)  It is in the public interest to strike a balance
        between the right of a person to seek redress for injury and
        the right of an individual to freely give time and energy
        without compensation as a volunteer working to reduce crime
        and drug use in the community, without fear of personal
        liability for acts undertaken in good faith, absent willful
        or wanton conduct on the part of the volunteer.
            (4)  This act is intended to encourage volunteers to
        contribute their services to reduce the amount of crime and
        drug use in their communities and at the same time provide a
        reasonable basis for redress of claims which may arise
        relating to those services.

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

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8332.6.  Antidrug and town-watch volunteer civil immunity.
        (a)  General rule.--An antidrug or town-watch volunteer who
     acts in good faith and within the scope of the volunteer's role
     with an antidrug or crime prevention volunteer organization 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)).
        "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.  This act shall take effect in 60 days.

     APPROVED--The 25th day of June, A. D. 2001.

     THOMAS J. RIDGE