PRINTER'S NO. 143
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
10
Session of
2017
INTRODUCED BY RESCHENTHALER, ALLOWAY, VULAKOVICH, FOLMER, REGAN,
SCARNATI, ARGALL, McGARRIGLE, VOGEL, BARTOLOTTA,
EICHELBERGER, AUMENT, WARD, WHITE, RAFFERTY, MARTIN, WAGNER,
DiSANTO, HUTCHINSON, CORMAN AND STEFANO, JANUARY 20, 2017
REFERRED TO LOCAL GOVERNMENT, JANUARY 20, 2017
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, in matters affecting government units, further
providing for exceptions to governmental immunity; and, in
preemptions, providing for 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.--
(1) Notwithstanding subsection (a), 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,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
notwithstanding the existence of a United States Immigration
and Customs Enforcement civil immigration detainer request
for the individual.
(2) 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 shall 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 any municipality.
(2) An officer or employee of any municipality.
(3) A law enforcement official or a law enforcement
agency.
(4) A district attorney.
(b) Immigration.--The governing body of any municipality 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) Reinstatement.--A law enforcement agency or municipality
20170SB0010PN0143 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that has lost eligibility under subsection (c) may be reinstated
for eligibility by providing proof to the appropriate State
agency that it is currently enforcing immigration orders and
that it has rescinded any rule, order, ordinance or policy
described under subsection (b).
(e) Applicability.--This section shall not apply to an
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.
(f) 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." Any county, city, borough, incorporated
town, township, home rule municipality, optional plan
municipality, optional charter municipality or any similar
general purpose unit of government which may be created or
authorized by statute.
"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.
20170SB0010PN0143 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24