(a) General rule.--An antidrug or town-watch volunteer who acts in good faith and within the scope of the volunteer's role with an antidrug or crime prevention volunteer organization or government agency shall be immune from civil liability for damage caused by acts or omissions unless all of the following apply:

(1) The conduct of the volunteer falls substantially below the standards generally practiced and accepted in like circumstances by similar persons rendering such services.

(2) It is shown that the volunteer performed an act or failed to perform an act which the volunteer was under a recognized duty to another to perform, knowing or having reason to know that such act or omission created a substantial risk or actual harm to the person or property of another. It is insufficient to impose liability under this paragraph to establish only that the conduct of the volunteer fell below ordinary standards of care.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Antidrug or town-watch volunteer." A person performing services for an antidrug or town-watch volunteer organization or government agency without compensation other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee or direct service volunteer.

"Antidrug or town-watch volunteer organization." A nonprofit organization, corporate volunteer program, medical facility or substance abuse treatment program that uses volunteers to reduce crime and drug use in the community.

"Corporate volunteer program." A program administered by an entity other than a nonprofit organization or government agency that enlists primarily its own employees, retirees, partners or professional affiliates in a volunteer capacity to achieve objectives that would qualify as charitable under section 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)).

"Nonprofit organization." An organization which is described in section 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)), whether or not it has been certified by the Internal Revenue Service.

(June 25, 2001, P.L.697, No.66, eff. 60 days)

2001 Amendment. Act 66 added section 8332.6. See the preamble to Act 66 in the appendix to this title for special provisions relating to legislative findings and declarations.