PRINTER'S NO. 553 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.552 Session of 2025 INTRODUCED BY MARKOSEK, HILL-EVANS, GIRAL, PIELLI, RABB, M. MACKENZIE, FREEMAN, NEILSON, CEPEDA-FREYTIZ, SANCHEZ, KHAN, DALEY, HADDOCK, DONAHUE, HOHENSTEIN AND DEASY, FEBRUARY 11, 2025 REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2025 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, providing for the Pennsylvania Amber Alert System, the Missing Endangered Person Advisory System and the Green Alert System and for duties of the Pennsylvania State Police; assessing costs; providing for immunity and penalties; and making a repeal. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 35 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read: CHAPTER 61 RECOVERY ASSISTANCE SYSTEMS FOR ABDUCTED AND MISSING PERSONS Sec. 6101 . Definitions. 6102 . Pennsylvania Amber Alert System. 6103. Missing Endangered Person Advisory System. 6104. Green Alert System. 6105. Duties of Pennsylvania State Police. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6106. Prohibited use of alert systems . 6107 . Use of Missing Endangered Person Advisory System and Green Alert System. 6108. Coordination with other jurisdictions. 6109. Assessment of cost. 6110. Immunity. § 6101 . Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "System." The Pennsylvania Amber Alert System, the Missing Endangered Person Advisory System and the Green Alert System. "Veteran-at-risk." A veteran, as defined in 51 Pa.C.S. § 7202 (relating to definitions), who is known to have a physical or mental health condition that is related to the veteran's service and is at special risk of harm or injury. § 6102 . 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. § 6103 . Missing Endangered Person Advisory System. 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. § 6104 . Green Alert System. The Pennsylvania State Police shall establish and maintain 20250HB0552PN0553 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the Green Alert System to assist in the recovery of missing veterans-at-risk through prompt notification to the general public, appropriate law enforcement authorities and other agencies. § 6105 . 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 . § 6106 . Prohibited use of alert systems . The transmission, broadcast or other communication of a public alert, other than through the Pennsylvania Amber Alert System, the Missing Endangered Person Advisory System or the Green Alert System , intentionally, knowingly, recklessly or negligently purporting to be made by, with or through the authority of the Pennsylvania Amber Alert System, the Missing Endangered Person Advisory System or the Green Alert System, is prohibited and shall be subject to a civil penalty of not more than $5,000. § 6107 . Use of Missing Endangered Person Advisory System and Green Alert System. The Pennsylvania Missing Endangered Person Advisory System and the Green Alert 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 nor restricted in any way. 20250HB0552PN0553 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 § 6108 . Coordination with other jurisdictions. (a) Pennsylvania Amber Alert System.-- 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 . (b) Pennsylvania Missing Endangered Person Advisory System and Green Alert System.--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 missing individuals believed to be at special risk of harm or injury to establish and execute the procedures appropriate to the effective fulfillment of its responsibilities relating to the Pennsylvania Missing Endangered Person Advisory System and the Green Alert System . § 6109 . 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 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 S ystem 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 20250HB0552PN0553 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 or structure). § 6110 . Immunity. (a) Media immunity.--Owners, licensees, operators and employees of any communication medium, including, but not limited to, telephone, radio, television, newspaper, digital communications networks or global communications networks, shall be immune from civil liability for their good faith conduct while participating in accordance with this chapter. (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, a person who is the subject of a Missing Endangered Person Advisory or a veteran-at-risk who is the subject of a Green Alert 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. Section 2. Repeals are as follows: (1) The General Assembly declares that the repeal under 20250HB0552PN0553 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 paragraph (2) is necessary to effectuate the addition of 35 Pa.C.S. Ch. 61. (2) The act of November 24, 2004 (P.L.1270, No.153), referred to as the Pennsylvania Amber Alert System Law, is repealed. Section 3. The addition of 35 Pa.C.S. Ch. 61 is a continuation of the act of November 24, 2004 (P.L.1270, No.153), referred to as the Pennsylvania Amber Alert System Law. The following apply: (1) Except as otherwise provided in 35 Pa.C.S. Ch. 61, all activities initiated under the Pennsylvania Amber Alert System Law shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 61. Orders, regulations, rules and decisions which were made under the Pennsylvania Amber Alert System Law and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 61. Contracts, obligations and collective bargaining agreements entered into under the Pennsylvania Amber Alert System Law are not affected nor impaired by the repeal of the Pennsylvania Amber Alert System Law. (2) Except as specified in paragraph (3), any difference in language between 35 Pa.C.S. Ch. 61 and the Pennsylvania Amber Alert System Law is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Pennsylvania Amber Alert System Law. (3) Paragraph (2) does not apply to the addition of the following provisions: 20250HB0552PN0553 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (i) 35 Pa.C.S. § 6101. (ii) 35 Pa.C.S. § 6104. (iii) 35 Pa.C.S. § 6106. (iv) 35 Pa.C.S. § 6107. (v) 35 Pa.C.S. § 6108. (vi) 35 Pa.C.S. § 6110(b) . Section 4. This act shall take effect immediately. 20250HB0552PN0553 - 7 - 1 2 3 4 5 6 7