Pennsylvania Act 1990-27 — JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND
                  Act of Apr. 5, 1990, P.L. 113, No. 27               Cl. 42
                             Session of 1990
                               No. 1990-27

     HB 491

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for the
        commencement of certain prosecutions; and providing for
        liability of donor for damages resulting from the condition
        of and collection of donated food.

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

        Section 1.  Section 5551 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5551.  No limitation applicable.
        A prosecution for the following offenses may be commenced at
     any time:
            (1)  Murder.
            (2)  Voluntary manslaughter.
            (3)  Conspiracy to commit murder or solicitation to
        commit murder if a murder results from the conspiracy or
        solicitation.
            (4)  Any felony alleged to have been perpetrated in
        connection with a murder of the first or second degree, as
        set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to
        murder).
            (5)  A violation of 75 Pa.C.S. § 3742 (relating to
        accidents involving death or personal injury) or 3732
        (relating to homicide by vehicle) if the accused was the
        driver of a vehicle involved in an accident resulting in the
        death of any person.
        Section 2.  Title 42 is amended by adding a section to read:
      § 8338.  Liability for damages from donated food and grocery
                    products.
        (a)  General rule.--A person is not subject to civil or
     criminal liability arising from the nature, age, packaging or
     condition of apparently wholesome food or of grocery products
     apparently fit for household consumption or use that the person
     donated in good faith to a nonprofit organization for ultimate
     free distribution to needy individuals. This section does not
     apply to an injury or death of the ultimate users or recipients
     of the food or grocery products that results from an act or
     omission of the donor constituting gross negligence,
     recklessness or intentional misconduct.
        (b)  Recklessness, gross negligence or intentional
     misconduct.--A person who permits gleaning on property owned or
     occupied by him is not subject to civil or criminal liability
     that arises due to the injury or death of any individual
     involved in the collection or gleaning of donations, unless the
     injury or death results from an act or omission of said person
     constituting gross negligence, recklessness or intentional
     misconduct.
        (c)  Nonliability.--This section does not create any
     liability.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Donate."  To give or distribute without requiring anything
     of monetary value from the ultimate recipient. For purposes of
     this section, a nonprofit organization may donate to another
     nonprofit organization, notwithstanding that the donor
     organization has charged a processing fee to the donee
     organization, provided the ultimate recipient or user is not
     required to give anything of monetary value.
        "Glean."  To harvest for ultimate free distribution to needy
     individuals an agricultural crop that has been donated by any
     person.
        "Grocery products."  Any nonfood grocery products, including,
     but not limited to, disposable paper and plastic products,
     household cleaning products, bottled water, laundry detergents
     and cleaning products and miscellaneous household items.
        "Nonprofit organization."  An incorporated or unincorporated
     organization that has been incorporated or established and is
     operating for religious, charitable or education purposes and
     that does not distribute any of its income to its members,
     directors or officers.
        "Person."  Any individual, corporation, partnership,
     organization, association or government entity, including, but
     not limited to, retail grocers, wholesalers, manufacturers,
     restaurants, caterers, farmers, nonprofit food distributors and
     hospitals. In the case of a corporation, partnership,
     organization, association or governmental entity, the term also
     includes, but is not limited to, the officers, directors,
     partners, deacons, trustees, council members or other elected or
     appointed individuals responsible for the governance of such
     entity.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 5th day of April, A. D. 1990.

     ROBERT P. CASEY