PRINTER'S NO. 2712
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2126
Session of
2024
INTRODUCED BY BENHAM, MARKOSEK, D. MILLER, HILL-EVANS, SANCHEZ,
KHAN, ORTITAY, CERRATO, CONKLIN, FLEMING AND DALEY,
MARCH 18, 2024
REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 18, 2024
AN ACT
Amending the act of November 24, 2004 (P.L.1270, No.153),
entitled "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," establishing the Pennsylvania Purple Alert
System; and further providing for immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 1 and 5(b) of the act of
November 24, 2004 (P.L.1270, No.153), referred to as the
Pennsylvania Amber Alert System Law, are amended to read:
AN ACT
Providing for the Pennsylvania Amber Alert System and the
Pennsylvania Purple Alert System; authorizing and directing
the Pennsylvania State Police to establish and maintain the
[Pennsylvania Amber Alert System] alert systems; assessing
costs; and providing for immunity and penalties.
Section 1. Pennsylvania Amber Alert System [and], Missing
Endangered Person Advisory System (MEPAS) and
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Pennsylvania Purple Alert System 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.
( c) Pennsylvania Purple Alert System.--
(1) The Pennsylvania State Police shall establish and
maintain the Pennsylvania Purple Alert System to notify the
public of a missing person with an intellectual disability
under paragraph (4).
(2) The Pennsylvania Purple Alert System shall be
operated by the Pennsylvania State Police. Activation may be
requested by a law enforcement agency if the law enforcement
agency determines that there is reason to believe:
(i) the missing individual is at risk;
(ii) the individual is missing due to the
individual's physical or mental health condition; and
(iii) there is sufficient information available to
disseminate that could assist in locating the missing
individual.
(3) The notification under this subsection shall include
a description of the missing person and other appropriate
information.
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(4) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Intellectual disability." Regardless of the age of the
individual, significantly subaverage general intellectual
functioning of an individual that is accompanied by
significant limitations in adaptive functioning in at least
two of the following skill areas:
(i) Communication.
(ii) Self-care.
(iii) Home living.
(iv) Social and interpersonal.
(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic.
(viii) Work.
(ix) Health and safety.
Section 5. Immunity.
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(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 or a person who is the subject of a Pennsylvania Purple
Alert System notice 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.
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Section 2. This act shall take effect immediately.
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