1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, <-in falsification and intimidation,
3further providing for retaliation against witness, victim or
4party<-; and, in uniform firearms, providing for keeping 
5firearm in vehicle.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 4953(b) of Title 18 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 4953. Retaliation against witness, victim or party.

11* * *

12(b) Grading.--The offense is a felony of the third degree if
13the retaliation is accomplished by any of the means specified in
14section 4952(b)(1) [through (5)] (relating to intimidation of
15witnesses or victims). Otherwise the offense is a misdemeanor of
16the second degree.

<-17Section 2. Title 18 is amended by adding a section to read:

1§ 6128. Keeping firearm in vehicle.

2(a) Employee parking lot.--A private employer who legally
3owns or utilizes property to provide parking to an employee on
4the property is prohibited from establishing, maintaining or
5enforcing a policy that prohibits a person with a valid
6Pennsylvania license to carry a firearm from transporting or
7storing a firearm in a vehicle parked on that property during
8the employee's work hours. The firearm on the property of the
9private employer shall be stored as follows:

10(1) the firearm shall remain inside the employee's
11attended privately owned vehicle; or

12(2) the firearm shall be locked out of sight within the
13trunk, glove box or other enclosed compartment or container
14within or on the employee's privately owned vehicle.

15(b) Terminated employee.--

16(1) An employee discharged by a private employer for a
17violation of a policy prohibited under subsection (a) shall
18receive all of the following:

19(i) Reinstatement to the same position held at the
20time of the employee's termination from employment or to
21an equivalent position.

22(ii) Reinstatement of the employee's full fringe
23benefits and seniority rights.

24(iii) Compensation for lost wages, benefits or other
25lost remuneration caused by the termination.

26(iv) Payment of court costs and reasonable attorney
27fees.

28(2) If the demand for recovery has not been satisfied 
29within 60 calendar days, the employee may bring a civil 
30action in the appropriate court against the private employer
 

1and shall be awarded the remedies provided for in paragraph 
2(1).

3(c) Limitation.--Subsection (a) shall not apply to an
4employee operating an employee-owned vehicle during and in the
5course of the employee's duties on behalf of the employer.

6(d)  Liability for private employer.--A private employer may
7not be held liable in a civil action for damages, injuries or
8death resulting from or arising out of another person's actions
9involving a firearm transported or stored pursuant to subsection
10(a), including the theft of a firearm from an employee's or
11invitee's automobile, unless the private employer intentionally
12solicited or procured the injurious actions.

13(e)  Inapplicability.--The prohibitions in subsection (a)
14shall not apply in any of the following circumstances:

15(1)  The vehicle is on the grounds of an owner-occupied
16single-family detached residence or a tenant-occupied single-
17family detached residence.

18(2)  The vehicle is on property where the possession of
19firearms is expressly prohibited by Federal or State law.

20(3)  The private employer reasonably believes that the
21person is in illegal possession of the firearm, except that a
22belief based on a mistake of law shall not be considered
23reasonable for purposes of this section.

24(4)  The person is an employee operating a private
25employer-owned vehicle during and in the course of the
26employee's duties on behalf of the private employer.

27(5) In or on school property, in or on property that is
28being used by a school for a school function or on a school
29bus. For the purposes of this paragraph, a school shall
30include a school district, a charter school and a private

1school.

2(6) On the property of any of the following:

3(i) A child care institution, facility or center.

4(ii) A private secure facility.

5(iii) A group home.

6(7) On the property of a penal facility.

7(8) In violation of Federal law.

8(9) In or on property belonging to a postsecondary
9educational institution.

10(10) On the property of a domestic violence shelter or
11an emergency shelter.

12(11) At a person's residence.

13(12) On the property of a person that is:

14(i) subject to the United States Department of
15Homeland Security's Chemical Facility Anti-Terrorism
16Standards issued April 9, 2007; and

17(ii) licensed by the United States Nuclear
18Regulatory Commission under 10 CFR (relating to energy).

19(13) On property owned by a public utility that
20generates and transmits electric power or natural gas.

21(14) In the employee's personal vehicle if the employee,
22including a contract employee, is a direct support
23professional who meets all of the following:

24(i) Works directly with individuals with
25developmental disabilities to assist the individuals to
26become integrated into the individuals' community or
27least restrictive environment.

28(ii) Uses the employee's personal vehicle while
29transporting an individual with developmental
30disabilities.

1(15) In a vehicle owned or leased by a private employer
2and used by an employee in the course and scope of the
3employee's employment, unless the employee is required to
4transport or store a firearm in the official discharge of the
5employee's duties.

6(16) On property owned or leased by a chemical
7manufacturer, steel production facility or oil and gas
8refiner, and on which the primary business conducted is the
9manufacture, use, storage or transportation of hazardous,
10combustible or explosive materials. This paragraph shall not
11apply to an employee who holds a license to carry a concealed
12handgun and who stores a firearm or ammunition the employee
13is authorized by law to possess in a locked, privately owned
14motor vehicle in a parking lot, parking garage or other
15parking area the private employer provides for employees that
16is outside of a secured and restricted area:

17(i) that contains the physical plant;

18(ii) that is not open to the public; and

19(iii) the ingress into which is constantly monitored
20by security personnel.

21(f) Definitions.--As used in this section, the following
22words and phrases shall have the meanings given to them in this
23subsection unless the context clearly indicates otherwise:

24"Private employer." Any of the following that employ or
25offer to employ at least one individual in this Commonwealth:

26(1) An individual.

27(2) A partnership.

28(3) A firm.

29(4) An association.

30(5) A corporation.

1(6) A nonprofit organization.

2Section <-2 3. This act shall take effect in 60 days.