Senator Frank Farry Working On A Bill To Close Loophole That Hurts First Responders
by Alex Lloyd Gross
Quite often, when laws are passed, there are loopholes in them that the original legislators may not have thought were necessary or required. As time goes by, these bills need tweaking, or sometimes, another law needs to be written. That is why Senator Frank Farry (R) of Bucks County is working to create the “Protecting Our First Responders Responding to Arson” bill. It’s a working title, and the bill is in its infancy stages, but it is much needed, according to Farry.
“This came about when Fire Police Captain Ed Margavich died from a house fire in Croydon last year. A trio of arsonists set a van on fire, which quickly spread to the house. Margavich responded and closed Cedar Avenue. A short while into the call, he went to a firehouse to get equipment, tripped, and fell. He died from complications following surgery. Eddie would not have been there had the arsonists not set the fire,” Farry said.
When the arsonists were caught, District Attorney Jen Schorn was handcuffed in charging those responsible for anything related to the death of the first responder. Murder, homicide, involuntary manslaughter—none of these charges were available, and first responders across the state were furious. Because the death did not occur inside the burning building, charges that many felt were appropriate could not be filed.
This bill will change that. Whether it’s a canteen worker slipping off a truck step, a pump operator responsible for delivering water to interior firefighters, or a Fire Police Officer conducting their duties away from the fire, “Their lives will now mean that prosecutors have the tools in the toolbox to change the law if they die because they were at the fire.” Farry said.
Farry, along with Senator Wayne Langerholc, is working on the bill. This pending legislation has two parts. The second part addresses the fact that when an arsonist sets a fire, the charge of reckless endangerment can be levied for every first responder on the scene, not just one charge.
“It takes a tragedy to do what’s right,” Farry said. When discussing the bill, Farry was enthusiastic. “It’s going to take time to get it done; I don’t want to put a timetable on it. It doesn’t have a bill number yet, but once that happens, it will go to a committee. Once voted out of committee, it goes to the Senate, where the bill waits to be voted on. After that passes, it goes to the House for their consideration,” Farry explained.
Representative Tina Davis (D), the State Representative for Bristol Township, has previously committed to signing anything that would help first responders. Area legislators Tomlinson and Hogan also expressed their support for Farry’s efforts.
Farry has extensive experience in emergency services. He is the Fire Chief of the Langhorne Middletown Fire Company and has 35 years of experience as a first responder. He is also on the Law and Justice Committee in the senate.
You can track the bill’s progress here. Currently, there are five co-sponsors for this bill. “That number could grow,” Farry said. He is hopeful that the bill will gain support and is reaching across the aisle. He called it a bipartisan issue and expects multiple fire service organizations to get behind it. When asked if he foresaw any opposition, Farry was matter-of-fact: “No, unless your organization supports criminals. This bill just makes sense.” Farry said that when bills go through the senate it does not matter if the bill has a few co sponsors, or the entire senate, the amount of cosigners does not dictate the speed of the bill.
Governor Josh Shapiro, who has been a strong supporter of first responders, is expected to sign this bill as soon as it hits his desk. Shapiro is said to be considering a run for President of the United States. He is from this area and was the former state Attorney General.