1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, in preemptions, providing for
3protection for victims of abuse or crime.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 53 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 303. Protection for victims of abuse or crime.

9(a) Declaration of policy.--The General Assembly finds and
10declares as follows:

11(1) It is the public policy of the Commonwealth to
12ensure that all victims of abuse and crime and individuals in
13an emergency are able to contact police or emergency
14assistance without penalty.

15(2) This section is intended to shield residents,
16tenants and landlords from penalties that may be levied

1pursuant to enforcement of an ordinance or regulation if
2police or emergency services respond to a residence or
3tenancy to assist a victim of abuse or crime or individuals
4in an emergency.

5(3) This section is not intended to prohibit
6municipalities from enforcing an ordinance or regulation
7against a resident, tenant or landlord where police or
8emergency services respond to a residence or tenancy that
9does not involve assistance to a victim of abuse or crime or
10individuals in an emergency.

11(b) Protection.--No ordinance enacted by a municipality
12shall penalize a resident, tenant or landlord for a contact made
13for police or emergency assistance by or on behalf of a victim
14of abuse as defined in 23 Pa.C.S. § 6102 (relating to
15definitions), a victim of a crime pursuant to 18 Pa.C.S.
16(relating to crimes and offenses) or an individual in an
17emergency pursuant to 35 Pa.C.S. § 8103 (relating to
18definitions), if the contact was made based upon the reasonable
19belief of the person making the contact that intervention or
20emergency assistance was necessary to prevent the perpetration
21or escalation of <-or to respond to the abuse, crime or emergency
<-22or if the intervention or emergency assistance was actually
23needed in response to the abuse, crime or emergency.

24(c) Remedies.--If a municipality enforces or attempts to
25enforce an ordinance against a resident, tenant or landlord in
26violation of subsection (b), the resident, tenant or landlord
27may bring a civil action for a violation of this section and
28seek an order from a court of competent jurisdiction for any of
29the following remedies:

30(1) An order requiring the municipality to cease and

1desist the unlawful practice.

2(2) Payment of compensatory damages, provided that a
3resident, tenant or landlord shall make a reasonable effort
4to mitigate any damages.

5(3) Payment of reasonable attorney fees.

6(4) Payment of court costs.

7(5) Other equitable relief, including, but not limited
8to, reinstating a rental license or rental permit, as the
9court may deem appropriate.

10(d) Preemption.--This section preempts any local ordinance
11or regulation insofar as it is inconsistent with this section,
12irrespective of the effective date of the ordinance or
13regulation. This section shall not affect or apply to
14enforcement of the act of October 11, 1995 (1st Sp.Sess., 
15P.L.1066, No.23), known as the Expedited Eviction of Drug 
16Traffickers Act, or to the enforcement of 18 Pa.C.S. § 7511
17(relating to control of alarm devices and automatic dialing
18devices).

19(e) Definition.--As used in this section, the term
20"penalize" includes the actual or threatened revocation,
21suspension or nonrenewal of a rental license, the actual or
22threatened assessment of fines or the actual or threatened
23eviction, or causing the actual or threatened eviction, from
24leased premises.

25Section 2. This act shall take effect in 90 days.