HOUSE AMENDED
PRIOR PRINTER'S NOS. 266, 1178 PRINTER'S NO. 1351
No. 264 Session of 1999
INTRODUCED BY HART, WHITE, EARLL, BELL, TOMLINSON, CORMAN,
RHOADES, THOMPSON, WAUGH, WOZNIAK, KUKOVICH, ARMSTRONG,
MUSTO, SLOCUM, COSTA, KASUNIC AND BOSCOLA, FEBRUARY 1, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 29, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, PROVIDING FOR <--
3 PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION; AND further
4 providing for the definition of "local agency" for purposes
5 of governmental immunity AND FOR SENTENCING PROCEDURE FOR <--
6 FIRST DEGREE MURDER.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "local agency" in section 8501 <--
10 of Title 42 of the Pennsylvania Consolidated Statutes is amended
11 to read:
12 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED <--
13 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
14 § 8340.1. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
15 (A) IMMUNITY.--
16 (1) A PERSON WHO ACTS IN FURTHERANCE OF THE PERSON'S
17 RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF
18 THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN
1 CONNECTION WITH AN ISSUE RELATED TO ENFORCEMENT OR
2 IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION SHALL BE
3 IMMUNE FROM CIVIL LIABILITY IN ANY ACTION EXCEPT WHERE THE
4 COMMUNICATION TO THE GOVERNMENT AGENCY IS NOT GENUINELY AIMED
5 AT PROCURING A FAVORABLE GOVERNMENTAL ACTION, RESULT OR
6 OUTCOME.
7 (2) A COMMUNICATION IS NOT GENUINELY AIMED AT PROCURING
8 A FAVORABLE GOVERNMENTAL ACTION, RESULT OR OUTCOME IF IT:
9 (I) IS NOT MATERIAL OR RELEVANT TO THE ENFORCEMENT
10 OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION;
11 (II) WAS KNOWINGLY FALSE WHEN MADE;
12 (III) WAS RENDERED WITH RECKLESS DISREGARD AS TO THE
13 TRUTH OR FALSITY OF THE STATEMENT WHEN MADE; OR
14 (IV) REPRESENTED A WRONGFUL USE OF PROCESS OR ABUSE
15 OF PROCESS.
16 (B) STAY OF DISCOVERY.--THE COURT SHALL STAY ALL DISCOVERY
17 PROCEEDINGS IN THE ACTION UPON THE FILING OF PRELIMINARY
18 OBJECTIONS FOR LEGAL INSUFFICIENCY OF A PLEADING OR OTHER
19 APPROPRIATE MOTION ON THE BASIS OF IMMUNITY, PROVIDED, HOWEVER,
20 THAT THE COURT, ON MOTION AND AFTER A HEARING AND FOR GOOD CAUSE
21 SHOWN, MAY ORDER THAT SPECIFIED DISCOVERY BE CONDUCTED. THE STAY
22 OF DISCOVERY SHALL REMAIN IN EFFECT UNTIL NOTICE OF THE ENTRY OF
23 THE ORDER RULING ON THE PRELIMINARY OBJECTIONS OR ON ANOTHER
24 APPROPRIATE MOTION.
25 (C) ADMISSIBILITY OF COURT DETERMINATION.--IF THE COURT
26 DETERMINES THAT THE PLAINTIFF HAS ESTABLISHED THAT THERE IS A
27 SUBSTANTIAL LIKELIHOOD THAT THE PLAINTIFF WILL PREVAIL ON THE
28 CLAIM, NEITHER THAT DETERMINATION NOR THE FACT OF THAT
29 DETERMINATION SHALL BE ADMISSIBLE IN EVIDENCE AT ANY LATER STAGE
30 OF THE CASE, AND NO BURDEN OF PROOF OR DEGREE OF PROOF OTHERWISE
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1 APPLICABLE SHALL BE AFFECTED BY THAT DETERMINATION.
2 (D) INTERVENTION.--THE GOVERNMENT AGENCY INVOLVED IN THE
3 FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER
4 THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION OF
5 PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE MAY INTERVENE OR
6 OTHERWISE PARTICIPATE AS AN AMICUS CURIAE IN THE ACTION
7 INVOLVING PUBLIC PETITION AND PARTICIPATION.
8 (E) LEGAL PROTECTIONS OF DEFENDANTS.--NOTHING IN THIS
9 SECTION SHALL BE CONSTRUED TO LIMIT ANY CONSTITUTIONAL,
10 STATUTORY OR COMMON-LAW PROTECTIONS OF DEFENDANTS TO ACTIONS
11 INVOLVING PUBLIC PETITION AND PARTICIPATION.
12 (F) ABUSE OF LEGAL PROCESS.--IN ADDITION TO OTHER COSTS OR
13 REMEDIES ALLOWED BY GENERAL RULE OR STATUTE, IN ANY
14 ADMINISTRATIVE OR JUDICIAL PROCEEDING RELATED TO THE ENFORCEMENT
15 OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION, THE AGENCY
16 OR COURT MAY AWARD COSTS, INCLUDING REASONABLE ATTORNEY FEES, IF
17 THE AGENCY OR COURT DETERMINES THAT AN ACTION, APPEAL, CLAIM,
18 MOTION OR PLEADING IS FRIVOLOUS OR TAKEN SOLELY FOR DELAY OR
19 THAT THE CONDUCT OF A PARTY OR COUNSEL IS DILATORY OR VEXATIOUS.
20 (G) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
21 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
22 SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
23 "ACT IN FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE
24 SPEECH UNDER THE UNITED STATES CONSTITUTION OR THE CONSTITUTION
25 OF PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE." ANY WRITTEN
26 OR ORAL STATEMENT OR WRITING MADE BEFORE A LEGISLATIVE,
27 EXECUTIVE OR JUDICIAL PROCEEDING, OR ANY OTHER OFFICIAL
28 PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL STATEMENT OR
29 WRITING MADE IN CONNECTION WITH AN ISSUE UNDER CONSIDERATION OR
30 REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL BODY, OR ANY
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1 OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL
2 STATEMENT OR WRITING MADE IN A PLACE OPEN TO THE PUBLIC OR A
3 PUBLIC FORUM IN CONNECTION WITH AN ISSUE OF PUBLIC INTEREST; OR
4 ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE TO A GOVERNMENT
5 AGENCY IN CONNECTION WITH THE IMPLEMENTATION AND ENFORCEMENT OF
6 ENVIRONMENTAL LAW AND REGULATIONS.
7 "ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS." ANY
8 ACTIVITY RELATED TO THE IDENTIFICATION AND ELIMINATION OF
9 VIOLATIONS OF ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING
10 INVESTIGATIONS OF ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES
11 SUBJECT TO REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS
12 AND RESPONSES TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
13 "GOVERNMENT AGENCY." THE FEDERAL GOVERNMENT, THE
14 COMMONWEALTH AND ALL OF ITS DEPARTMENTS, COMMISSIONS, BOARDS,
15 AGENCIES AND AUTHORITIES, AND ALL POLITICAL SUBDIVISIONS AND
16 THEIR AUTHORITIES.
17 "IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATIONS." ANY
18 ACTIVITY RELATED TO THE DEVELOPMENT AND ADMINISTRATION OF
19 ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND
20 REGULATIONS.
21 SECTION 2. THE DEFINITION OF "LOCAL AGENCY" IN SECTION 8501
22 OF TITLE 42 IS AMENDED TO READ:
23 § 8501. Definitions.
24 The following words and phrases when used in this chapter
25 shall have, unless the context clearly indicates otherwise, the
26 meanings given to them in this section:
27 * * *
28 "Local agency." A government unit other than the
29 Commonwealth government. The term includes, BUT IS NOT LIMITED <--
30 TO, an intermediate unit[.] and; municipalities cooperating in <--
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1 the exercise or performance of governmental functions, powers or
2 responsibilities under 53 Pa.C.S. Ch. 23 Subch. A (relating to
3 intergovernmental cooperation); AND COUNCILS OF GOVERNMENT AND <--
4 OTHER ENTITIES CREATED BY TWO OR MORE MUNICIPALITIES UNDER 53
5 PA.C.S. CH. 23 SUBCH. A.
6 SECTION 3. SECTION 9711(D)(1) AND (16) OF TITLE 42 ARE <--
7 AMENDED AND THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO
8 READ:
9 § 9711. SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE.
10 * * *
11 (D) AGGRAVATING CIRCUMSTANCES.--AGGRAVATING CIRCUMSTANCES
12 SHALL BE LIMITED TO THE FOLLOWING:
13 (1) THE VICTIM WAS A FIREFIGHTER, PEACE OFFICER,
14 VOLUNTEER FIREFIGHTER, EMERGENCY MEDICAL TEAM VOLUNTEER,
15 PUBLIC SERVANT CONCERNED IN OFFICIAL DETENTION, AS DEFINED IN
16 18 PA.C.S. § 5121 (RELATING TO ESCAPE), JUDGE OF ANY COURT IN
17 THE UNIFIED JUDICIAL SYSTEM, THE ATTORNEY GENERAL OF
18 PENNSYLVANIA, A DEPUTY ATTORNEY GENERAL, DISTRICT ATTORNEY,
19 ASSISTANT DISTRICT ATTORNEY, MEMBER OF THE GENERAL ASSEMBLY,
20 GOVERNOR, LIEUTENANT GOVERNOR, AUDITOR GENERAL, STATE
21 TREASURER, STATE LAW ENFORCEMENT OFFICIAL, LOCAL LAW
22 ENFORCEMENT OFFICIAL, FEDERAL LAW ENFORCEMENT OFFICIAL OR
23 PERSON EMPLOYED TO ASSIST OR ASSISTING ANY LAW ENFORCEMENT
24 OFFICIAL IN THE PERFORMANCE OF HIS DUTIES, WHO WAS KILLED IN
25 THE PERFORMANCE OF HIS DUTIES OR AS A RESULT OF HIS OFFICIAL
26 POSITION.
27 * * *
28 (16) THE VICTIM WAS A CHILD UNDER 12 YEARS OF AGE OR A
29 PERSON 65 YEARS OF AGE OR OLDER.
30 * * *
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1 (19) THE OFFENSE WAS A RANDOM ACT OF VIOLENCE WITH THE
2 INTENT TO KILL AND AT THE TIME OF THE KILLING THERE WAS NO
3 KNOWN RELATIONSHIP BETWEEN THE DEFENDANT AND THE VICTIM.
4 (20) THE DEFENDANT COMMITTED THE KILLING IN ORDER TO
5 COLLECT LIFE INSURANCE PROCEEDS.
6 * * *
7 Section 2 4. This act shall take effect in 60 days. <--
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