Regular Session 2015-2016 Senate Bill 0997 P.N. 1384

PRIOR PRINTER'S NO. 1230

PRINTER'S NO. 1384

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

997

Session of

2015

INTRODUCED BY ALLOWAY, FOLMER, SCARNATI, ARGALL, EICHELBERGER,

AUMENT, RAFFERTY, WHITE, VOGEL, STEFANO, VULAKOVICH AND WARD,

SEPTEMBER 15, 2015

SENATOR HUTCHINSON, LOCAL GOVERNMENT, AS AMENDED, OCTOBER

28, 2015

AN ACT

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. Section 8542 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 8542. Exceptions to governmental immunity.

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(a.1) Liability imposed on municipality of refuge.-- A

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

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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 must enforce each law,

mandate, request and order of the Federal Government relating to

immigration, if the law, mandate, request or order does not

conflict with the rights guaranteed under the Pennsylvania

Constitution or the United States Constitution:

(1) The governing body of a ANY municipality , township

or county .

(2) An officer or employee of a ANY municipality ,

township or county .

(3) A law enforcement official or a law enforcement

agency.

(4) A district attorney.

(b) Immigration.--The governing body of a ANY municipality ,

township or county 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.

that refuses to enforce an immigration order shall not be

eligible:

(1) for any State grant for law enforcement; or

(2) to participate in the sale of State surplus

property.

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(D) REINSTATEMENT.--A LAW ENFORCEMENT AGENCY OR 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).

(d) (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.

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

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

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 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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