PRINTER'S NO. 1847
No. 1412 Session of 1990
INTRODUCED BY HOLL, JANUARY 22, 1990
REFERRED TO JUDICIARY, JANUARY 22, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 defense of official immunity.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8546 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 8546. Defense of official immunity.
9 In any action brought against an employee of a local agency
10 for damages on account of an injury to a person or property
11 based upon claims arising from, or reasonably related to, the
12 office or the performance of the duties of the employee, the
13 employee may assert on his own behalf, or the local agency may
14 assert on his behalf:
15 (1) Defenses which are available at common law to the
16 employee.
17 (2) The defense that the conduct of the employee which
18 gave rise to the claim was authorized or required by law, or
1 that he in good faith reasonably believed the conduct was
2 authorized or required by law.
3 (3) The defense that the act of the employee which gave
4 rise to the claim was within the policymaking discretion
5 granted to the employee by law. For purposes of this
6 [subsection] paragraph, all acts of members of the governing
7 body of a local agency or of the chief executive officer
8 thereof are deemed to be within the policymaking discretion
9 granted to such person by law.
10 (4) The defense that the conduct of the employee which
11 gave rise to the claim did not constitute willful misconduct
12 or gross negligence. The burden of proving willful misconduct
13 or gross negligence shall be upon the plaintiff.
14 Section 2. This act shall take effect immediately.
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