1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, in preemptions, providing for
3protection for victims of <-abuse or crime.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 53 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

<-8§ 303. Protection for victims of crime.

9(a) General rule.--No ordinance enacted by a municipality
10shall penalize a resident or landlord for police or emergency
11assistance if the assistance was requested or dispatched based
12upon the reasonable belief that an individual was in need of
13intervention or emergency assistance.

14(b) Applicability.--The provisions of subsection (a) shall
15apply irrespective of the effective date of the ordinance.

16(c) Remedies.--If a municipality enforces or attempts to

1enforce an ordinance against a resident or landlord in violation
2of subsection (a), the resident or landlord may bring a civil
3action for a violation of this section and seek an order from a
4court of competent jurisdiction for any of the following
5remedies:

6(1) An order requiring the municipality to cease and
7desist the unlawful practice.

8(2) Payment of compensatory damages.

9(3) Payment of punitive damages, not to exceed $1,000
10per violation.

11(4) Payment of reasonable attorney fees.

12(5) Payment of court costs.

13(6) Other relief as the court may deem appropriate.

14(d) Preemption.--This section preempts any inconsistent
15local ordinance or rule.

16(e) Definition.--As used in this section, the term
17"penalize" includes to harass, threaten, harm, damage or
18otherwise retaliate or discriminate, assess fines or to evict or
19cause eviction from leased premises.

20Section 2. This act shall take effect in 60 days.

<-21§ 303. Protection for victims of abuse or crime.

22(a) Declaration of policy.--The General Assembly finds and
23declares as follows:

24(1) It is the public policy of the Commonwealth to
25ensure that all victims of abuse and crime and individuals in
26an emergency are able to contact police or emergency
27assistance without penalty.

28(2) This section is intended to shield residents,
29tenants and landlords from penalties that may be levied
30pursuant to enforcement of an ordinance or regulation if

1police or emergency services respond to a residence or
2tenancy to assist a victim of abuse or crime or individuals
3in an emergency.

4(3) This section is not intended to prohibit
5municipalities from enforcing an ordinance or regulation
6against a resident, tenant or landlord where police or
7emergency services respond to a residence or tenancy that
8does not involve assistance to a victim of abuse or crime or
9individuals in an emergency.

10(b) Protection.--No ordinance enacted by a municipality
11shall penalize a resident, tenant or landlord for a contact made
12for police or emergency assistance by or on behalf of a victim
13of abuse as defined in 23 Pa.C.S. § 6102 (relating to
14definitions), a victim of a crime pursuant to 18 Pa.C.S.
15(relating to crimes and offenses) or an individual in an
16emergency pursuant to 35 Pa.C.S. § 8103 (relating to
17definitions), if the contact was made based upon the reasonable
18belief of the person making the contact that intervention or
19emergency assistance was necessary to prevent the perpetration
20or escalation of or to respond to the abuse, crime or emergency.

21(c) Remedies.--If a municipality enforces or attempts to
22enforce an ordinance against a resident, tenant or landlord in
23violation of subsection (b), the resident, tenant or landlord
24may bring a civil action for a violation of this section and
25seek an order from a court of competent jurisdiction for any of
26the following remedies:

27(1) An order requiring the municipality to cease and
28desist the unlawful practice.

29(2) Payment of compensatory damages, provided that a
30resident, tenant or landlord shall make a reasonable effort

1to mitigate any damages.

2(3) Payment of reasonable attorney fees.

3(4) Payment of court costs.

4(5) Other equitable relief, including, but not limited
5to, reinstating a rental license or rental permit, as the
6court may deem appropriate.

7(d) Preemption.--This section preempts any local ordinance
8or regulation insofar as it is inconsistent with this section,
9irrespective of the effective date of the ordinance or
10regulation. This section shall not affect or apply to
11enforcement of the act of October 11, 1995 (1st Sp.Sess., 
12P.L.1066, No.23), known as the Expedited Eviction of Drug 
13Traffickers Act, or to the enforcement of 18 Pa.C.S. § 7511
14(relating to control of alarm devices and automatic dialing
15devices).

16(e) Definition.--As used in this section, the term
17"penalize" includes the actual or threatened revocation,
18suspension or nonrenewal of a rental license, the actual or
19threatened assessment of fines or the actual or threatened
20eviction, or causing the actual or threatened eviction, from
21leased premises.

22Section 2. This act shall take effect in 90 days.