SENATE AMENDED
        PRIOR PRINTER'S NOS. 1020, 2029, 2556         PRINTER'S NO. 2631

        INTRODUCED BY GEIST, ALLEN, ARGALL, M. BAKER, BASTIAN, BEBKO-
           JONES, BELARDI, BUXTON, CALTAGIRONE, CAPPABIANCA, CIVERA,
           COLAFELLA, CURRY, DALEY, DeLUCA, FAIRCHILD, FICHTER, FRANKEL,
           GODSHALL, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS, HORSEY,
           JAMES, KAISER, KELLER, LAUGHLIN, MAJOR, MANN, MARKOSEK,
           MARSICO, McGILL, McILHATTAN, MELIO, R. MILLER, PETRARCA,
           PIPPY, RAYMOND, READSHAW, ROHRER, ROSS, RUBLEY, SAYLOR,
           SCHULER, SHANER, SOLOBAY, E. Z. TAYLOR, THOMAS, TIGUE, WALKO,
           WANSACZ, WATSON, WILT, WOJNAROSKI, YEWCIC, YOUNGBLOOD,
           ZIMMERMAN, FREEMAN, STEELMAN, TRELLO AND MYERS,
           MARCH 12, 2001

        AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 9, 2001

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     volunteer-in-public-service negligence standard. and for       <--
     4     sentences for offenses committed with firearms.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Sections 8332.4(a) and (e) and 9712 of Title 42    <--
     8  of the Pennsylvania Consolidated Statutes are amended to read:
     9     SECTION 1.  SECTION 8332.4(A) AND (E) OF TITLE 42 OF THE       <--
    10  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    11  § 8332.4.  Volunteer-in-public-service negligence standard.
    12     (a)  [General rule.--] Services covered.--
    13         (1)  Except as provided otherwise in this section, no
    14     person who, without compensation and as a volunteer, renders

     1     public services for a nonprofit organization under section
     2     501(c)(3) [or (4)], (4) or (6) of the Internal Revenue Code
     3     of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3) [or (4)], (4) or
     4     (6)) or for a Commonwealth or local government agency
     5     conducting or sponsoring a public service program or project
     6     shall be liable to any person for any civil damages as a
     7     result of any acts or omissions in rendering such services
     8     unless the conduct of such person falls substantially below
     9     the standards generally practiced and accepted in like
    10     circumstances by similar persons rendering such services and
    11     unless it is shown that such person did an act or omitted the
    12     doing of an act which such person was under a recognized duty
    13     to another to do, knowing or having reason to know that such
    14     act or omission created a substantial risk of actual harm to
    15     the person or property of another. It shall be insufficient
    16     to impose liability to establish only that the conduct of
    17     such person fell below ordinary standards of care.
    18         (2)  Except as provided otherwise in this section, no
    19     design professional who, without compensation and as a
    20     volunteer, provides PROFESSIONAL services related to a         <--
    21     declared national, State or local emergency caused by a major
    22     earthquake, hurricane, tornado, explosion, collapse or other
    23     similar disaster or catastrophic event at the request of or
    24     with the approval of a Federal, State or local public
    25     official, law enforcement official, public safety official or
    26     building inspection official acting in an official capacity
    27     shall be liable to any person for any civil damages as a
    28     result of any acts or omissions in rendering such services
    29     unless the conduct of such design professional falls
    30     substantially below the standards generally practiced and
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     1     accepted in like circumstances by similar persons rendering
     2     such PROFESSIONAL services and unless it is shown that such    <--
     3     design professional did an act or omitted the doing of an act
     4     which such design professional was under a recognized duty to
     5     another to do, knowing or having reason to know that such act
     6     or omission created a substantial risk of actual harm to the
     7     person or property of another. It shall be insufficient to
     8     impose liability to establish only that the conduct of such
     9     design professional fell below ordinary standards of care.
    10     * * *
    11     (e)  Definitions.--As used in this section, the following
    12  words and phrases shall have the meanings given to them in this
    13  subsection:
    14     "Compensation."  The term shall not include reimbursement for
    15  reasonable expenses actually incurred or to be incurred.
    16     "Design professional."  An individual licensed by the
    17  Commonwealth of Pennsylvania as an architect, geologist, land
    18  surveyor, landscape architect or professional engineer.
    19     "Public service program or project."  An organized program,
    20  or other public service ordinarily conducted or rendered by
    21  volunteers.
    22  § 9712.  Sentences for offenses committed with firearms.          <--
    23     (a)  Mandatory sentence.--Except as provided under section
    24  9716 (relating to two or more mandatory minimum sentences
    25  applicable), any person who is convicted in any court of this
    26  Commonwealth of a crime of violence as defined in section
    27  9714(g) (relating to sentences for second and subsequent
    28  offenses), shall, if the person visibly possessed a firearm or a
    29  replica of a firearm, whether or not the firearm or replica was
    30  loaded or functional, that placed the victim in reasonable fear
    20010H0910B2631                  - 3 -

     1  of death or serious bodily injury, during the commission of the
     2  offense, be sentenced to a minimum sentence of at least five
     3  years of total confinement notwithstanding any other provision
     4  of this title or other statute to the contrary. Such persons
     5  shall not be eligible for parole, probation, work release or
     6  furlough. The mandatory sentence imposed under this subsection
     7  shall be imposed consecutive to any other sentence imposed by
     8  the court.
     9     (b)  Proof at sentencing.--Provisions of this section shall
    10  not be an element of the crime and notice thereof to the
    11  defendant shall not be required prior to conviction, but
    12  reasonable notice of the Commonwealth's intention to proceed
    13  under this section shall be provided after conviction and before
    14  sentencing. The applicability of this section shall be
    15  determined at sentencing. The court shall consider any evidence
    16  presented at trial and shall afford the Commonwealth and the
    17  defendant an opportunity to present any necessary additional
    18  evidence and shall determine, by a preponderance of the
    19  evidence, if this section is applicable.
    20     (c)  Authority of court in sentencing.--There shall be no
    21  authority in any court to impose on an offender to which this
    22  section is applicable any lesser sentence than provided for in
    23  subsection (a) [or], to place such offender on probation [or],
    24  to suspend sentence or to impose the mandatory sentence
    25  concurrent to any other sentence. Nothing in this section shall
    26  prevent the sentencing court from imposing a sentence greater
    27  than that provided in this section. Sentencing guidelines
    28  promulgated by the Pennsylvania Commission on Sentencing shall
    29  not supersede the mandatory sentences provided in this section.
    30     (d)  Appeal by Commonwealth.--If a sentencing court refuses
    20010H0910B2631                  - 4 -

     1  to apply this section where applicable, the Commonwealth shall
     2  have the right to appellate review of the action of the
     3  sentencing court. The appellate court shall vacate the sentence
     4  and remand the case to the sentencing court for imposition of a
     5  sentence in accordance with this section if it finds that the
     6  sentence was imposed in violation of this section.
     7     (e)  Definitions.--As used in this section, the following
     8  words and phrases shall have the meanings given to them in this
     9  subsection:
    10     "Firearm."  Any weapon, including a starter gun, which will
    11  or is designed to or may readily be converted to expel a
    12  projectile by the action of an explosive or the expansion of gas
    13  therein.
    14     "Replica of a firearm."  An item that can reasonably be
    15  perceived to be a firearm.
    16     Section 2.  This act shall take effect in 60 days.










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