Regular Session 2015-2016 House Bill 1885 P.N. 4112

SENATE AMENDED

PRIOR PRINTER'S NO. 3075

PRINTER'S NO. 4112

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1885

Session of

2015

INTRODUCED BY WHITE, METCALFE, KNOWLES, READSHAW, D. COSTA,

BLOOM, IRVIN, GREINER, TOEPEL, TOPPER, MILLARD, BARRAR,

SANKEY, STAATS, TAYLOR, KAUFFMAN, DIAMOND, METZGAR, WARNER,

ZIMMERMAN, GROVE, SAYLOR, SANTORA, GILLEN, SACCONE, RADER,

ROTHMAN, EVERETT, EMRICK, GABLER, GINGRICH, PYLE, CUTLER,

KLUNK, ROAE, MOUL, RAPP, MACKENZIE, LAWRENCE, SIMMONS,

BENNINGHOFF, PHILLIPS-HILL, NESBIT, DUSH, WHEELAND, JOZWIAK

AND NELSON, APRIL 5, 2016

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 24, 2016

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 53

(Municipalities Generally) of the Pennsylvania Consolidated

Statutes, in matters affecting government units, providing

for exceptions to governmental immunity related to

unauthorized aliens; and, in preemptions, providing for

restriction on municipal regulation of official and employee

communications relating to immigration status.

AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 53

(MUNICIPALITIES GENERALLY) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, PROVIDING FOR LIABILITY IMPOSED ON AND ELIGIBILITY

FOR PUBLIC BENEFITS OF A MUNICIPALITY OF REFUGE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8543. Exceptions to governmental immunity related to

unauthorized aliens.

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

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

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property as a result of criminal activity by an unauthorized

alien if all of the following conditions are satisfied:

(1) Federal immigration officials have determined that

the person who engaged in the criminal activity is an

unauthorized alien.

(2) The unauthorized alien is a resident of the

sanctuary municipality.

(3) The unauthorized alien is convicted of the crime

that caused the injury.

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

injury.

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

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

subsection:

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

1991 (relating to definitions).

"Sanctuary municipality." Any municipality that prohibits or

in any way restricts an official or employee of the municipality

from:

(1) sending to or receiving from Federal immigration

officials information regarding the citizenship or

immigration status, lawful or unlawful, of an individual;

(2) doing any of the following with respect to

information regarding the immigration status, lawful or

unlawful, of an individual:

(i) sending the information to or requesting the

information from Federal immigration officials;

(ii) maintaining the information; or

(iii) exchanging the information with other Federal

agencies, State agencies or municipalities;

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(3) inquiring about an individual's name, date and place

of birth and immigration status while enforcing or conducting

an official investigation into a violation of any law of this

Commonwealth; or

(4) requesting an applicant who applies for a State or

local public benefit as defined by section 411(c) of the

Personal Responsibility and Work Opportunity Reconciliation

Act of 1996 (Public Law 104-193, 8 U.S.C. § 1621(c)) to

provide proof of eligibility to receive the State or local

public benefit.

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

within the United States as determined by Federal immigration

officials.

Section 2. Title 53 is amended by adding a section to read:

§ 305. Restriction on municipal regulation of official and

employee communications relating to immigration

status.

(a) General rule.--The governing body of a municipality may

not adopt an ordinance, regulation or plan or take any other

action that limits or prohibits a public official, employee or

law enforcement officer of the municipality from communicating

or cooperating with an appropriate public official, employee or

law enforcement officer of the Federal government concerning the

immigration status of an individual in this Commonwealth.

(b) Notice to public officials, employees and law

enforcement officers.--The governing body of a municipality

shall provide written notice to each public official, employee

and law enforcement officer of the municipality of his duty to

communicate and cooperate with an appropriate public official,

employee or law enforcement officer of the Federal government

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concerning enforcement of any Federal or State immigration law.

(1) Within 90 days of the effective date of this

section, the governing body of a municipality shall submit a

written report to the Department of Community and Economic

Development that the municipality is in compliance with the

requirements of subsection (a).

(2) If the department fails to receive a timely report

from a municipality under this subsection, the department

shall provide the name of the municipality to the State

Treasurer.

(d) Duty of law enforcement officers.--A law enforcement

officer of a municipality who has reasonable cause to believe

that an individual under arrest is not legally present in the

United States shall immediately report the individual to the

appropriate United States Immigration and Customs Enforcement

Office within the Department of Homeland Security.

(e) Annual report to Commonwealth.--

(1) On or before March 1 of each year, the governing

body of a municipality shall report to the Department of

Community and Economic Development the number of reports made

by law enforcement officers of the municipality under

subsection (d).

(2) If the department fails to receive a timely report

from a municipality under this subsection, the department

shall provide the name of the municipality to the State

Treasurer.

(3) On or before April 1 of each year, the department

shall compile the reports received under this subsection and

submit a cumulative report thereof to the General Assembly.

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(f) Penalty for noncompliance.--Notwithstanding any other

provision of law to the contrary, the State Treasurer shall

withhold the payment of Commonwealth funds to any municipality

whose name is reported by the department to the State Treasurer

under this section until such time as the municipality complies

with this section and the department so notifies the State

Treasurer.

Section 3. This act shall take effect in 60 days.

SECTION 1. SECTION 8542 OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 8542. EXCEPTIONS TO GOVERNMENTAL IMMUNITY.

* * *

(A.1) LIABILITY IMPOSED ON MUNICIPALITY OF REFUGE.--

NOTWITHSTANDING SUBSECTION (A), A MUNICIPALITY OF REFUGE SHALL

BE LIABLE FOR DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR

PROPERTY WITHIN THE LIMITS SET FORTH IN THIS SUBCHAPTER IF THE

INJURY WAS CAUSED BY THE ACT OF AN INDIVIDUAL THAT WAS IN THE

CUSTODY OF THE LAW ENFORCEMENT AGENCY OF THE MUNICIPALITY OF

REFUGE AND WAS RELEASED, NOTWITHSTANDING THE EXISTENCE OF A

UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT CIVIL

IMMIGRATION DETAINER REQUEST FOR THE INDIVIDUAL. AS USED IN THIS

SUBSECTION, THE TERM "MUNICIPALITY OF REFUGE" SHALL HAVE THE

SAME MEANING AS GIVEN TO THE TERM IN 53 PA.C.S. § 305 (RELATING

TO MUNICIPALITY OF REFUGE).

* * *

SECTION 2. TITLE 53 IS AMENDED BY ADDING A SECTION TO READ:

§ 305. MUNICIPALITY OF REFUGE.

(A) ENFORCEMENT.--THE FOLLOWING MAY ASSIST IN THE

ENFORCEMENT OF EACH LAW, MANDATE, REQUEST AND ORDER OF THE

FEDERAL GOVERNMENT RELATING TO IMMIGRATION, IF THE LAW, MANDATE,

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REQUEST OR ORDER DOES NOT CONFLICT WITH THE RIGHTS GUARANTEED

UNDER THE PENNSYLVANIA CONSTITUTION OR THE UNITED STATES

CONSTITUTION:

(1) THE GOVERNING BODY OF ANY MUNICIPALITY.

(2) AN OFFICER OR EMPLOYEE OF ANY MUNICIPALITY.

(3) A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT

AGENCY.

(4) A DISTRICT ATTORNEY.

(B) IMMIGRATION.--THE GOVERNING BODY OF ANY MUNICIPALITY MAY

NOT ADOPT A RULE, ORDER, ORDINANCE OR POLICY WHICH PROHIBITS THE

ENFORCEMENT OF A FEDERAL LAW OR THE LAWS OF THIS COMMONWEALTH,

PERTAINING TO AN IMMIGRANT OR IMMIGRATIONS.

ELIGIBLE:

(1) FOR ANY STATE LAW ENFORCEMENT GRANT; OR

(2) TO PARTICIPATE IN THE SALE OF STATE SURPLUS

PROPERTY.

(D) REINSTATEMENT.--A MUNICIPALITY THAT HAS LOST ELIGIBILITY

UNDER SUBSECTION (C) MAY BE REINSTATED FOR ELIGIBILITY BY

PROVIDING PROOF TO THE APPROPRIATE STATE AGENCY THAT IT IS

CURRENTLY ENFORCING IMMIGRATION ORDERS AND THAT IT HAS RESCINDED

ANY RULE, ORDER, ORDINANCE OR POLICY DESCRIBED UNDER SUBSECTION

(B).

(E) APPLICABILITY.--THIS SECTION SHALL NOT APPLY TO AN

INDIVIDUAL OR ENTITY UNDER SUBSECTION (A) THAT HAS MADE AN

ATTEMPT TO COORDINATE WITH A FEDERAL AGENCY PURSUANT TO AN

IMMIGRATION ORDER TO TRANSFER THE CUSTODY OF A SUSPECT IN

QUESTION BUT WAS UNABLE TO DO SO.

(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

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SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"MUNICIPALITY." ANY COUNTY, CITY, BOROUGH, INCORPORATED

TOWN, TOWNSHIP, HOME RULE MUNICIPALITY, OPTIONAL PLAN

MUNICIPALITY, OPTIONAL CHARTER MUNICIPALITY OR ANY SIMILAR

GENERAL PURPOSE UNIT OF GOVERNMENT WHICH MAY BE CREATED OR

AUTHORIZED BY STATUTE.

"MUNICIPALITY OF REFUGE." A MUNICIPALITY THAT ADOPTS A RULE,

ORDER, ORDINANCE OR POLICY WHICH DOES EITHER OF THE FOLLOWING:

(1) PROHIBITS THE ENFORCEMENT OF A FEDERAL LAW OR THE

LAWS OF THIS COMMONWEALTH PERTAINING TO AN IMMIGRANT OR

IMMIGRATIONS: OR

(2) PERMITS THE RELEASE OF AN INDIVIDUAL IN THE CUSTODY

OF THE LAW ENFORCEMENT AGENCY OF THE MUNICIPALITY

NOTWITHSTANDING THE EXISTENCE OF A UNITED STATES IMMIGRATION

AND CUSTOMS ENFORCEMENT CIVIL IMMIGRATION DETAINER REQUEST

FOR THE INDIVIDUAL.

SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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