§ 9799.31. Immunity for good faith conduct.

378 words·~2 min read·/pa/title-42/chapter-97/9799-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following entities shall be immune from liability for good faith conduct under this subchapter:

(1)Agents and employees of the Pennsylvania State Police and local law enforcement agencies.

(2)District attorneys and their agents and employees.

(3)Superintendents, administrators, teachers, employees and volunteers engaged in the supervision of children of any public, private or parochial school.

(4)Directors and employees of county children and youth agencies.

(5)Presidents or similar officers of universities and colleges, including community colleges.

(6)The Pennsylvania Parole Board and its agents and employees.

(7)County probation and parole offices and their agents and employees.

(8)Licensees of certified day-care centers and directors of licensed preschool programs and owners and operators of registered family day-care homes and their agents and employees.

(9)The Department of Corrections and its agents and employees.

(10)County correctional facilities and their agents and employees.

(11)The board and its members, agents and employees.

(12)Juvenile probation offices and their agents and employees.

(13)The Department of Human Services and its agents and employees.

(14)Institutions or facilities set forth in section 6352(a)(3) (relating to disposition of delinquent child) and their agents and employees.

(15)The unit owners' association of a common interest community and its agents and employees as it relates to distributing information regarding section 9799.27(b)(1) (relating to other notification).

42c9799.31v

(Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

2021 Amendment. Act 59 amended par. (6). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law.

2021 Unconstitutionality. Section 9799.31 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.31 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2018 Amendments. Act 10 amended par.

(13)and Act 29 reenacted par (13). Section 20(1) of Act 10 provided that the amendment of section 9799.31 shall apply to an individual who commits an offense on or after December 20, 2012.

2011 Amendment. Act 111 added section 9799.31.

42c9799.32s