PRINTER'S NO. 3927
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 -