PRINTER'S NO. 1230
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
997
Session of
2015
INTRODUCED BY ALLOWAY, FOLMER, SCARNATI, ARGALL, EICHELBERGER,
AUMENT, RAFFERTY, WHITE, VOGEL, STEFANO AND VULAKOVICH,
SEPTEMBER 15, 2015
REFERRED TO LOCAL GOVERNMENT, SEPTEMBER 15, 2015
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, providing for liability imposed on and eligibility
for public benefits of a municipality of refuge.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8542 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 8542. Exceptions to governmental immunity.
* * *
(a.1) Liability imposed on municipality of refuge.--A
municipality of refuge shall be liable for damages on account of
an injury to a person or property within the limits set forth in
this subchapter if the injury was caused by the act of an
individual that was in the custody of the law enforcement agency
of the municipality of refuge and was released, notwithstanding
the existence of a United States Immigration and Customs
Enforcement civil immigration detainer request for the
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individual. As used in this subsection, the term "municipality
of refuge" shall have the same meaning as given to the term in
53 Pa.C.S. § 305 (relating to municipality of refuge).
* * *
Section 2. Title 53 is amended by adding a section to read:
§ 305. Municipality of refuge.
(a) Enforcement.--The following must enforce each law,
mandate, request and order of the Federal Government relating to
immigration, if the law, mandate, request or order does not
conflict with the rights guaranteed under the Pennsylvania
Constitution or the United States Constitution:
(1) The governing body of a municipality, township or
county.
(2) An officer or employee of a municipality, township
or county.
(3) A law enforcement official or a law enforcement
agency.
(4) A district attorney.
(b) Immigration.--The governing body of a municipality,
township or county may not adopt a rule, order, ordinance or
policy which prohibits the enforcement of a Federal law or the
laws of this Commonwealth, pertaining to an immigrant or
immigrations.
(c) Eligibility.--A law enforcement agency or municipality
that refuses to enforce an immigration order shall not be
eligible:
(1) for any State grant for law enforcement; or
(2) to participate in the sale of State surplus
property.
(d) Applicability.--This section shall not apply to an
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individual or entity under subsection (a) that has made an
attempt to coordinate with a Federal agency pursuant to an
immigration order to transfer the custody of a suspect in
question but was unable to do so.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Municipality of refuge." A municipality that permits the
release of an individual in the custody of the law enforcement
agency of the municipality notwithstanding the existence of a
United States Immigration and Customs Enforcement civil
immigration detainer request for the individual.
Section 3. This act shall take effect in 60 days.
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