PRINTER'S NO.  903

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

865

Session of

2011

  

  

INTRODUCED BY KNOWLES, METCALFE, BAKER, BARRAR, CLYMER, COX, CUTLER, GABLER, GEIST, GILLEN, GROVE, HEFFLEY, HUTCHINSON, KAUFFMAN, KRIEGER, METZGAR, MILLER, MUSTIO, O'NEILL, READSHAW, ROCK AND VULAKOVICH, MARCH 1, 2011

  

  

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2011  

  

  

  

AN ACT

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

2

Pennsylvania Consolidated Statutes, in matters affecting

3

government units, providing for exceptions to governmental

4

immunity related to unauthorized aliens.

5

The General Assembly of the Commonwealth of Pennsylvania

6

hereby enacts as follows:

7

Section 1. Title 42 of the Pennsylvania Consolidated Statutes

8

is amended by adding a section to read:

9

§ 8543.  Exceptions to governmental immunity related to

10

unauthorized aliens.

11

(a)  Liability imposed.--A sanctuary municipality shall be

12

liable for damages on account of an injury to a person or

13

property as a result of criminal activity by an unauthorized

14

alien if all of the following conditions are satisfied:

15

(1)  The unauthorized alien has been a resident of the

16

sanctuary municipality for at least six months.

17

(2)  The unauthorized alien is convicted of a crime.

18

(3)  The criminal activity is a proximate cause of the

 


1

injury.

2

(b)  Definitions.--As used in this section, the following

3

words and phrases shall have the meanings given to them in this

4

subsection:

5

"Municipality."  A municipality as defined under 1 Pa.C.S. §

6

1991 (relating to definitions).

7

"Sanctuary municipality."  A municipality which has adopted

8

ordinances, policies or procedures to encourage unauthorized

9

aliens to reside in the municipality. The term shall include

10

ordinances, policies or procedures which do any of the

11

following:

12

(1)  Prohibit, restrict or discourage municipal employees

13

from sending, receiving or maintaining information regarding

14

the immigration status, lawful or unlawful, of any

15

individual, or exchanging the information with any other

16

Federal, State or local government entity.

17

(2)  Prohibit, restrict or discourage municipal employees

18

from asking individuals their citizenship or immigration

19

status.

20

(3)  Provide public benefits, unless required by Federal

21

or State statutes or court decisions, with the exception of

22

any of the following:

23

(i)  Emergency medical care.

24

(ii)  Law enforcement, arrest, prosecution,

25

incarceration, detainment and related expenses.

26

(iii)  Benefits provided to the public at large,

27

including maintenance of roads, sidewalks, public parks

28

and similar government property.

29

"Unauthorized alien."  An alien who is not lawfully present

30

within the United States.

- 2 -

 


1

Section 2.  This act shall take effect in 60 days.

- 3 -