See other bills
under the
same topic
                                                      PRINTER'S NO. 3927

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2627 Session of 2008


        INTRODUCED BY METCALFE, MUSTIO, CREIGHTON, PERRY, READSHAW,
           BARRAR, BELFANTI, BOYD, CLYMER, GEORGE, GOODMAN, KAUFFMAN,
           O'NEILL, ROCK, ROHRER, SAYLOR, SCHRODER, SEIP, SONNEY,
           R. STEVENSON, SWANGER AND WOJNAROSKI, JUNE 11, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 2008

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for exceptions
     3     to governmental immunity related to unauthorized aliens.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 8543.  Exceptions to governmental immunity related to
     9             unauthorized aliens.
    10     (a)  Liability imposed.--A sanctuary municipality shall be
    11  liable for damages on account of an injury to a person or
    12  property as a result of criminal activity by an unauthorized
    13  alien if all of the following conditions are satisfied:
    14         (1)  The unauthorized alien has been a resident of the
    15     sanctuary municipality for at least six months.
    16         (2)  The unauthorized alien is convicted of a crime.
    17         (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.
    20080H2627B3927                  - 2 -     

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




















    A10L42MSP/20080H2627B3927        - 3 -