SENATE AMENDED
PRIOR PRINTER'S NO. 3069 PRINTER'S NO. 4091
No. 2284 Session of 1990
INTRODUCED BY ITKIN, HAGARTY, PRESTON, ROBINSON, JOSEPHS, EVANS,
FOX, CALTAGIRONE, BLAUM, KOSINSKI, HAYDEN, VEON,
R. C. WRIGHT, HECKLER, KUKOVICH, BATTISTO, JOHNSON, LEE,
BELARDI, NAHILL, MICHLOVIC, BUNT, BELFANTI, GIGLIOTTI,
FREEMAN, E. Z. TAYLOR, RYBAK, PISTELLA, LINTON, STISH,
LEVDANSKY, MORRIS, TANGRETTI, SAURMAN, MELIO, OLIVER,
ROEBUCK, WILLIAMS, J. L. WRIGHT, PRESSMANN, BILLOW AND
RITTER, FEBRUARY 7, 1990
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 25, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing redress for
3 civil rights violations.
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 § 8308. Civil rights violations.
9 (a) Redress for personal injury.--A person who incurs injury
10 to his person or damage or loss to his property as a result of
11 conduct described in 18 Pa.C.S. § 2710 (relating to ethnic
12 intimidation) or 3307 (relating to institutional vandalism)
13 shall have a right of action against the actor for injunction,
14 damages or other appropriate civil or equitable relief. In the
1 action, the issue of whether the defendant engaged in the
2 conduct alleged shall be determined according to the burden of
3 proof used in other civil actions for similar relief. The
4 plaintiff may seek recovery for any of the following:
5 (1) General and special damages including damages for
6 emotional distress. Damages under this subsection shall be
7 actual damages or $500, whichever is greater.
8 (2) Punitive damages.
9 (3) Reasonable attorney fees and costs.
10 (4) Injunctive and other equitable relief.
11 (5) Such other relief which the court deems necessary
12 and proper.
13 (b) Redress sought by public official on behalf of others.-- <--
14 When the rights of a citizen are violated as a result of conduct <--
15 described in 18 Pa.C.S. § 2710 or 3307, the district attorney of
16 the county in which the violation took place or the Attorney
17 General, after consulting with the district attorney, may
18 institute a civil action for injunctive or other appropriate
19 equitable relief in order to protect the peaceable exercise or
20 enjoyment of these rights. WHEN CONDUCT WHICH WOULD CONSTITUTE A <--
21 VIOLATION OF 18 PA.C.S. § 2710 OR 3307 HAS OCCURRED, THE
22 DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE VIOLATION TOOK
23 PLACE OR THE ATTORNEY GENERAL, AFTER CONSULTING WITH THE
24 DISTRICT ATTORNEY, MAY INSTITUTE A CIVIL ACTION FOR INJUNCTIVE
25 OR OTHER EQUITABLE RELIEF IF NEEDED TO PROTECT ANY PERSON OR
26 PROPERTY. The civil action shall be brought in the name of the
27 Commonwealth of Pennsylvania in the county where the violation
28 occurred.
29 (c) Filing of court orders.--The prothonotary of the court
30 in which a civil action is brought under subsection (a) or (b)
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1 shall transmit two certified copies of an ANY order issued in <--
2 the action to each appropriate law enforcement agency having
3 jurisdiction over locations where the defendant is alleged to
4 have committed the act and where the defendant resides or has
5 his principal place of business. The sheriff of the county in
6 which the defendant resides shall serve a copy of the order on
7 the defendant. Unless otherwise ordered by the court, service
8 shall be by delivering a copy in hand to the defendant. Law
9 enforcement agencies shall establish procedures adequate to
10 ensure that all officers responsible for the enforcement of the
11 order are informed of its existence and terms. When a law
12 enforcement officer has probable cause to believe that a
13 defendant has violated the provisions of this section AN ORDER, <--
14 the officer may arrest him.
15 (d) Contempt notice required to be part of order.--In
16 actions brought under this section, when a court issues a
17 temporary restraining order or a preliminary or permanent
18 injunction ordering a defendant to refrain from certain conduct
19 or activities, the order issued shall contain the following
20 statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
21 (e) Penalties.--A violation of an order issued and served as
22 set forth in this section shall be a misdemeanor of the second
23 degree. If bodily injury results from the violation, the
24 violation shall be a misdemeanor of the first degree.
25 (f) Vacated orders.--When the court vacates a temporary
26 restraining order or a preliminary or permanent injunction
27 issued under this section, the prothonotary shall promptly
28 notify in writing each appropriate law enforcement agency which
29 had been notified of the issuance of the order and shall direct
30 each such agency to destroy all records of the order, and the
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1 agency shall comply with the directive upon receipt of the
2 notification.
3 Section 2. This act shall take effect in 60 days.
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