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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in matters affecting |
3 | government units, providing for exceptions to governmental |
4 | immunity related to unauthorized aliens. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated Statutes |
8 | is amended by adding a section to read: |
9 | § 8543. Exceptions to governmental immunity related to |
10 | unauthorized aliens. |
11 | (a) Liability imposed.--A sanctuary municipality shall be |
12 | liable for damages on account of an injury to a person or |
13 | property as a result of criminal activity by an unauthorized |
14 | alien if all of the following conditions are satisfied: |
15 | (1) The unauthorized alien has been a resident of the |
16 | sanctuary municipality for at least six months. |
17 | (2) The unauthorized alien is convicted of a crime. |
18 | (3) The criminal activity is a proximate cause of the |
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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. |
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1 | Section 2. This act shall take effect in 60 days. |
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