PRINTER'S NO. 3129

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2319 Session of 1990

        INTRODUCED BY BORTNER, MARCH 12, 1990

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 1990

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing civil immunity
     3     for probation officers and employees of agencies conducting
     4     restitution or community service programs.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 42 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 8338.  Civil immunity for probation officers and employees of
    10             agencies conducting restitution or community service
    11             programs.
    12     (a)  General rule.--A probation officer and any public
    13  service or charitable agency or organization or political
    14  subdivision, or any employee thereof, supervising or
    15  administering a restitution or community service program, or any
    16  employee hiring and supervising persons pursuant to a
    17  restitution program under this section shall be immune from any
    18  civil action for damages brought by or on behalf of any person

     1  admitted to the program.
     2     (b)  Application.--This section shall apply to all types of
     3  restitution and community service programs that receive persons
     4  who are placed on probation, are paroled, are placed in an
     5  Accelerated Rehabilitative Disposition program or other pretrial
     6  diversionary program, or are placed in any similar program
     7  approved by the court for the disposition of defendants in
     8  criminal cases.
     9     (c)  Construction.--Nothing in this section shall be
    10  construed to limit or otherwise affect or preclude liability
    11  resulting from gross negligence or intentional misconduct or
    12  reckless, willful or wanton misconduct constituting gross
    13  negligence.
    14     (d)  Political subdivision tort claims.--This section shall
    15  not reduce or impair protections afforded by Subchapter C of
    16  Chapter 85 (relating to actions against local parties).
    17     Section 2.  This act shall take effect in 60 days.









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