THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY KNOWLES, METCALFE, BAKER, BARRAR, CLYMER, COX, CUTLER, GABLER, GEIST, GILLEN, GROVE, HEFFLEY, HUTCHINSON, KAUFFMAN, KRIEGER, METZGAR, MILLER, MUSTIO, O'NEILL, READSHAW, ROCK AND VULAKOVICH, MARCH 1, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2011
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, providing for exceptions to governmental
immunity related to unauthorized aliens.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated Statutes
is amended by adding a section to read:
§ 8543. Exceptions to governmental immunity related to
(a) Liability imposed.--A sanctuary municipality shall be
liable for damages on account of an injury to a person or
property as a result of criminal activity by an unauthorized
alien if all of the following conditions are satisfied:
(1) The unauthorized alien has been a resident of the
sanctuary municipality for at least six months.
(2) The unauthorized alien is convicted of a crime.
(3) The criminal activity is a proximate cause of the
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
"Municipality." A municipality as defined under 1 Pa.C.S. §
1991 (relating to definitions).
"Sanctuary municipality." A municipality which has adopted
ordinances, policies or procedures to encourage unauthorized
aliens to reside in the municipality. The term shall include
ordinances, policies or procedures which do any of the
(1) Prohibit, restrict or discourage municipal employees
from sending, receiving or maintaining information regarding
the immigration status, lawful or unlawful, of any
individual, or exchanging the information with any other
Federal, State or local government entity.
(2) Prohibit, restrict or discourage municipal employees
from asking individuals their citizenship or immigration
(3) Provide public benefits, unless required by Federal
or State statutes or court decisions, with the exception of
any of the following:
(i) Emergency medical care.
(ii) Law enforcement, arrest, prosecution,
incarceration, detainment and related expenses.
(iii) Benefits provided to the public at large,
including maintenance of roads, sidewalks, public parks
and similar government property.
"Unauthorized alien." An alien who is not lawfully present
within the United States.
Section 2. This act shall take effect in 60 days.