Bill Text: PA HB522 | 2013-2014 | Regular Session | Introduced
Bill Title: In particular rights and immunities, further providing for antidrug and town-watch volunteer civil immunity; and adding crime prevention provisions relating to neighborhood watch groups.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2013-02-05 - Referred to JUDICIARY [HB522 Detail]
Download: Pennsylvania-2013-HB522-Introduced.html
| PRINTER'S NO. 565 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 522 | Session of 2013 |
INTRODUCED BY WATERS, COHEN, ROEBUCK, KINSEY, BROWNLEE, BRIGGS, GAINEY, KIRKLAND, SIMS AND STURLA, FEBRUARY 5, 2013
REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 5, 2013
AN ACT
1Amending Titles 42 (Judiciary and Judicial Procedure) and 44
2(Law and Justice) of the Pennsylvania Consolidated Statutes,
3in particular rights and immunities, further providing for
4antidrug and town-watch volunteer civil immunity; and adding
5crime prevention provisions relating to neighborhood watch
6groups.
7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:
9Section 1. Section 8332.6 of Title 42 of the Pennsylvania
10Consolidated Statutes is amended to read:
11§ 8332.6. Antidrug and [town-watch] neighborhood watch
12volunteer civil immunity.
13(a) General rule.--An antidrug or [town-watch] neighborhood
14watch volunteer who acts in good faith and within the scope of
15the volunteer's role with an antidrug [or crime prevention]
16volunteer organization, neighborhood watch group or government
17agency shall be immune from civil liability for damage caused by
18acts or omissions unless all of the following apply:
19(1) The conduct of the volunteer falls substantially
20below the standards generally practiced and accepted in like
1circumstances by similar persons rendering such services.
2(2) It is shown that the volunteer performed an act or
3failed to perform an act which the volunteer was under a
4recognized duty to another to perform, knowing or having
5reason to know that such act or omission created a
6substantial risk or actual harm to the person or property of
7another. It is insufficient to impose liability under this
8paragraph to establish only that the conduct of the volunteer
9fell below ordinary standards of care.
10(b) Definitions.--As used in this section, the following
11words and phrases shall have the meanings given to them in this
12subsection:
13"Antidrug [or town-watch] volunteer." A person performing
14services for an antidrug [or town-watch] volunteer organization
15or government agency without compensation other than
16reimbursement for actual expenses incurred. The term includes a
17volunteer serving as a director, officer, trustee or direct
18service volunteer.
19"Antidrug [or town-watch] volunteer organization." A
20nonprofit organization, corporate volunteer program, medical
21facility or substance abuse treatment program that uses
22volunteers to reduce crime and drug use in the community.
23"Corporate volunteer program." A program administered by an
24entity other than a nonprofit organization or government agency
25that enlists primarily its own employees, retirees, partners or
26professional affiliates in a volunteer capacity to achieve
27objectives that would qualify as charitable under section 501(c)
28of the Internal Revenue Code of 1986 (Public Law 99-514, 26
29U.S.C. § 501(c)).
30"Neighborhood watch group." As defined in 44 Pa.C.S. § 8301
1(relating to definitions).
2"Neighborhood watch volunteer." A person performing services
3for a neighborhood watch group which has complied with all of
4the requirements of 44 Pa.C.S. Ch. 83 (relating to neighborhood
5watch groups) or a government agency without compensation other
6than reimbursement for actual expenses incurred. The term
7includes a volunteer serving as a director, officer, trustee or
8direct service volunteer.
9"Nonprofit organization." An organization which is described
10in section 501(c) of the Internal Revenue Code of 1986 (Public
11Law 99-514, 26 U.S.C. § 501(c)), whether or not it has been
12certified by the Internal Revenue Service.
13Section 2. Title 44 is amended by adding a part to read:
14PART V
15CRIME PREVENTION
16Ch.
1781. Preliminary Provisions
1883. Neighborhood Watch Groups
19CHAPTER 81
20PRELIMINARY PROVISIONS
21(Reserved)
22CHAPTER 83
23NEIGHBORHOOD WATCH GROUPS
24Sec.
258301. Definitions.
268302. Permission.
278303. Training.
288304. Insurance.
298305. Registration.
30§ 8301. Definitions.
1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:
4"Neighborhood watch group." A crime prevention program
5consisting of a group of at least four individuals living in the
6same area who work together and in conjunction with local law
7enforcement to reduce crime in their area.
8"Patrol." An individual who walks or drives within the
9neighborhood during designated tours of duty looking for
10suspicious activity not normally noticed by stationary
11observers.
12§ 8302. Permission.
13A member of a neighborhood watch group may only carry a
14licensed firearm while on patrol if, by a majority vote, the
15members of the neighborhood watch group permit the member to do
16so.
17§ 8303. Training.
18(a) Requirement.--Members of a neighborhood watch group must
19attend public safety training provided by the Pennsylvania State
20Police.
21(b) Firearms.--A member of a neighborhood watch group who
22carries a firearm under section 8302 (relating to permission)
23must undergo firearm training provided by the Pennsylvania State
24Police.
25(c) Duties.--The Pennsylvania State Police shall create and
26administer any training required under this section.
27§ 8304. Insurance.
28If a neighborhood watch group permits members to carry
29firearms under section 8302 (relating to permission), the
30neighborhood watch group must purchase a firearm liability
1insurance policy covering all firearms that are licensed under
2each neighborhood watch group member's name. The following shall
3apply to the firearm liability insurance policy:
4(1) The payment of any annual premium must be paid in
5full and distributed equally among each member of the
6neighborhood watch group.
7(2) The policy shall be in an amount of at least
8$1,000,000.
9(3) The policy must satisfy any judgment for personal
10injuries or property damages arising out of the negligent or
11willful acts involving the use of an insured firearm. The
12policy may not cover any unlawful acts.
13§ 8305. Registration.
14(a) Requirement.--A neighborhood watch group must register
15with the Attorney General and provide all of the following
16information:
17(1) The full name of each member.
18(2) The address and the telephone number of each member.
19(3) The members of the neighborhood watch group who have
20a licensed firearm.
21(4) The members of the neighborhood watch group who have
22or will carry their firearms while on patrol.
23(b) Proof.--A neighborhood watch group must annually provide
24proof to the Attorney General of all of the following:
25(1) That each member has completed any training required
26under this chapter.
27(2) Firearm liability insurance under section 8304
28(relating to insurance). If a neighborhood watch group fails
29to renew its insurance or provide proof of insurance within
3030 days after the initial date of registration, the
1registration shall be revoked by the Attorney General.
2(c) Database.--The Attorney General shall create a database
3which contains information regarding all neighborhood watch
4groups in this Commonwealth.
5Section 3. This act shall take effect in 60 days.
