Pennsylvania Act 2004-153 — PENNSYLVANIA AMBER ALERT SYSTEM - ESTABLISHMENT, COSTS, IMMUNITY AND PENALTIES

Act text

AN ACT

Providing for the Pennsylvania Amber Alert System; authorizing and directing the Pennsylvania State Police to establish and maintain the Pennsylvania Amber Alert System; assessing costs; and providing for immunity and penalties.

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

Section 1. Pennsylvania Amber Alert System and Missing Endangered Person Advisory System (MEPAS) established.

(a) Pennsylvania Amber Alert System.--The Pennsylvania State Police shall establish and maintain the Pennsylvania Amber Alert System to assist in the recovery of abducted children through prompt notification to the general public, appropriate law enforcement authorities and other public agencies.

(b) Missing Endangered Person Advisory System (MEPAS).--The Pennsylvania State Police shall establish and maintain the Missing Endangered Person Advisory System to assist in the recovery of missing persons who are at special risk of harm or injury, through prompt notification to the general public, appropriate law enforcement authorities and other agencies.

(1 amended Nov. 23, 2010, P.L.1363, No.126)

Section 1.1. Duties of Pennsylvania State Police.

The Pennsylvania State Police shall establish such protocols and procedures as are necessary for the effective operation of each system and shall educate and inform local law enforcement agencies and the public with regard to the availability of each system.

(1.1 added Nov. 23, 2010, P.L.1363, No.126)

Section 2. Prohibited use of Amber Alerts.

The transmission, broadcast or other communication of a public alert, other than through the Pennsylvania Amber Alert System, intentionally, knowingly, recklessly or negligently purporting to be made by, with or through the authority of the Pennsylvania Amber Alert System is prohibited and shall be subject to a civil penalty of not more than $5,000.

(2 amended Nov. 23, 2010, P.L.1363, No.126)

Section 2.1. Use of Missing Endangered Person Advisory System.

The Pennsylvania Missing Endangered Person Advisory System shall be operated by the Pennsylvania State Police. Activation may be requested by law enforcement agencies when public assistance is considered expedient to the recovery of a missing individual believed to be at special risk of harm or injury. The ability of law enforcement agencies to independently notify or request assistance from the public shall not be impaired or restricted in any way.

(2.1 added Nov. 23, 2010, P.L.1363, No.126)

Section 3. Coordination with other jurisdictions.

The Pennsylvania State Police shall coordinate with the authorities of the various states and the Federal Government that are responsible within their respective jurisdictions for the recovery of abducted children to establish and execute the procedures appropriate to the effective fulfillment of its responsibilities relating to the Pennsylvania Amber Alert System.

(3 amended Nov. 23, 2010, P.L.1363, No.126)

Section 4. Assessment of cost.

Unless the court finds that undue hardship would result, in addition to any other cost imposed by law, a cost of $25 shall automatically be assessed on each person convicted, adjudicated delinquent or granted accelerated rehabilitative disposition (ARD) of the offenses named in this section. The cost shall be forwarded to the Commonwealth and used by the Pennsylvania State Police to establish and maintain the Pennsylvania Amber Alert System and apply to the following offenses:

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 2902 (relating to unlawful restraint).

18 Pa.C.S. § 2903 (relating to false imprisonment).

18 Pa.C.S. § 2904 (relating to interference with custody of children).

18 Pa.C.S. § 2905 (relating to interference with custody of committed persons).

18 Pa.C.S. § 2906 (relating to criminal coercion).

18 Pa.C.S. § 2907 (relating to disposition of ransom).

18 Pa.C.S. § 2908 (relating to missing children).

18 Pa.C.S. § 2909 (relating to concealment of whereabouts of a child).

18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle).

Section 5. Immunity.

(a) Media immunity.--Owners, licensees, operators and employees of any communication medium, including, but not limited to, telephone, radio, television, newspaper, digital communications network or global communications network, shall be immune from civil liability for their good faith conduct while participating in accordance with this act.

(b) Good Samaritan immunity.--Any person who provides, obtains or attempts to provide or obtain assistance for a child who is the subject of a Pennsylvania Amber Alert System notice or a person who is the subject of a Missing Endangered Person Advisory shall be immune from civil liability for acts or omissions in providing or obtaining or attempting to provide or obtain assistance except for acts or omissions intended to cause harm and for which the law does not recognize justification or that constitute gross negligence or willful, wanton or reckless conduct.

(5 amended Nov. 23, 2010, P.L.1363, No.126)

Section 6. Effective date.

This act shall take effect immediately.