PRINTER'S NO. 175
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 203
Session of
2023
INTRODUCED BY FONTANA, KEARNEY, HAYWOOD, BREWSTER, SCHWANK,
DILLON, KANE, COSTA, LAUGHLIN, COMITTA, CAPPELLETTI,
TARTAGLIONE, STEFANO, VOGEL AND HUGHES, JANUARY 31, 2023
REFERRED TO LAW AND JUSTICE, JANUARY 31, 2023
AN ACT
1 Amending the act of November 24, 2004 (P.L.1270, No.153),
2 entitled "An act providing for the Pennsylvania Amber Alert
3 System; authorizing and directing the Pennsylvania State
4 Police to establish and maintain the Pennsylvania Amber Alert
5 System; assessing costs; and providing for immunity and
6 penalties," establishing the Pennsylvania Green Alert System;
7 and further providing for immunity.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and sections 1 and 5(b) of the act of
11 November 24, 2004 (P.L.1270, No.153), referred to as the
12 Pennsylvania Amber Alert System Law, are amended to read:
13 AN ACT
14 Providing for the Pennsylvania Amber Alert System and the
15 Pennsylvania Green Alert System; authorizing and directing
16 the Pennsylvania State Police to establish and maintain the
17 [Pennsylvania Amber Alert System] alert systems; assessing
18 costs; and providing for immunity and penalties.
19 Section 1. Pennsylvania Amber Alert System [and], Missing
20 Endangered Person Advisory System (MEPAS) and
1 Pennsylvania Green Alert System established.
2 (a) Pennsylvania Amber Alert System.--The Pennsylvania State
3 Police shall establish and maintain the Pennsylvania Amber Alert
4 System to assist in the recovery of abducted children through
5 prompt notification to the general public, appropriate law
6 enforcement authorities and other public agencies.
7 (b) Missing Endangered Person Advisory System (MEPAS).--The
8 Pennsylvania State Police shall establish and maintain the
9 Missing Endangered Person Advisory System to assist in the
10 recovery of missing persons who are at special risk of harm or
11 injury, through prompt notification to the general public,
12 appropriate law enforcement authorities and other agencies.
13 (c) Pennsylvania Green Alert System.--
14 (1) The Pennsylvania State Police, in consultation with
15 the Department of Military and Veterans Affairs, shall
16 establish and maintain the Pennsylvania Green Alert System to
17 notify the public of a missing person who is a veteran at
18 risk.
19 (2) The Pennsylvania Green Alert System shall be
20 operated by the Pennsylvania State Police. Activation may be
21 requested by a law enforcement agency if the law enforcement
22 agency determines that there is reason to believe:
23 (i) the missing individual is a veteran at risk;
24 (ii) the individual is missing due to the
25 individual's physical or mental health condition;
26 (iii) the missing individual poses a threat to the
27 missing individual's health and safety or the health and
28 safety of another; and
29 (iv) there is sufficient information available to
30 disseminate that could assist in locating the missing
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1 individual.
2 (3) The notification under this subsection shall include
3 a description of the person and other information as deemed
4 appropriate.
5 (4) For purposes of this subsection, the term "veteran
6 at risk" means a veteran or an active-duty member of the
7 armed forces, the National Guard or the military reserve
8 forces of the United States who is known, based on the
9 information provided by the person making the report, to be
10 suffering from, or to have a history of, physical or mental
11 health issues, including traumatic brain injury,
12 neurocognitive disorders, post-traumatic stress disorder,
13 suicide attempts or impulses or substance use disorder
14 related to his or her military service.
15 Section 5. Immunity.
16 * * *
17 (b) Good Samaritan immunity.--Any person who provides,
18 obtains or attempts to provide or obtain assistance for a child
19 who is the subject of a Pennsylvania Amber Alert System notice
20 [or], a person who is the subject of a Missing Endangered Person
21 Advisory or a person who is the subject of a Pennsylvania Green
22 Alert System notice shall be immune from civil liability for
23 acts or omissions in providing or obtaining or attempting to
24 provide or obtain assistance except for acts or omissions
25 intended to cause harm and for which the law does not recognize
26 justification or that constitute gross negligence or willful,
27 wanton or reckless conduct.
28 Section 2. This act shall take effect immediately.
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