ACT NO. 2001-66
H.B. No. 59
The General Assembly finds and declares as follows:
(1) The willingness of antidrug and town-watch volunteers to offer services has been increasingly deterred by a perception that they put personal assests at risk in the event of tort actions seeking damages arising from their activities as volunteers.
(2) The contributions of antidrug and town-watch programs, activities and services to the communities are diminshed by the resulting unwillingness of individuals to serve either as volunteers or as officers, directors and trustees of nonprofit and private organizations.
(3) It is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give time and energy without compensation as a volunteer working to reduce crime and drug use in the community, without fear of personal liability for acts undertaken in good faith, absent willful or wanton conduct on the part of the volunteer. Act 66 SESSION OF 2001
(4) This act is intended to encourage volunteers to contribute their services to reduce the amount of crime and drug use in their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.
Section 1. Title 42 of the Pennsylvania Consolidated Statues is amended by adding a section to read:
(a) General Rule.- An antidrug or town-watch volunteer who acts in good faith and within the scope of the volunteer's role with an antidrug or crime prevention volunteer organization or government agency shall be immune from civil liability for damage caused by acts or ommissions unless all of the following apply: (1) The conduct of the volunteer falls substantially below the standards generally practiced and accepted in like circumstances by similar persons rendering such services. (2) It is shown that the volunteer performed an act or failed to perform an act which the volunteer was under a recognized duty to another to perform, knowing or having reason to know that such act or omission created a substantial risk or actual harm to the person or property of another. It is insufficient to impose liability under this paragraph to establish only that the conduct of the volunteer fell below ordinary standards of care. "Antidrug or town-watch volunteer." A person performing services for an antidrug or town-watch volunteer organization or government agency without compensation other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee or direct service volunteer. "Antidrug or town-watch volunteer organization." A nonprofit organization, corporate volunteer program, medical facility or substance abuse treatment program that uses volunteers to reduce crime and drug use in the community. "Corporate volunteer program." A program administered by an entity other than a nonprofit organization or government agency that enlists primarily its own employees retirees, partners or professional affiliates in a volunteer capacity to achieve objectives that would qualify a charitable under section 501(c) of the Internal Revenue Code of l986 (Public Law 99-514, 26 U.S.C. subsection 501(c). "Nonprofit organization." An organization which is described in section 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. subsection 501(c), whether or not it has been certified by the Internal Revenue Service. Section 2. This act shall take effect in 60 days.