PRINTER'S NO. 2772
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2358
Session of
2022
INTRODUCED BY BONNER, GROVE, RYAN, SMITH, WHITE, SILVIS,
M. MACKENZIE, ROTHMAN, ZIMMERMAN AND KEEFER, MARCH 8, 2022
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in obstructing governmental
operations, providing for enforcement of State law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5113. Enforcement of State law.
(a) Offense defined.--The following shall apply:
(1) An elected official of a municipality commits a
misdemeanor of the first degree if the elected official votes
in favor of or approves of a law, regulation or policy that:
(i) permits, or otherwise decriminalizes, an
activity that is illegal or prohibited under the laws of
the Commonwealth;
(ii) prohibits the enforcement of a penalty or fine
for an offense under the laws of the Commonwealth or
establishes a penalty or fine for the offense that is
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different from the penalty or fine required for the
offense under the laws of the Commonwealth;
(iii) directs or induces a peace officer to not
enforce a law of the Commonwealth; or
(iv) provides an alternate method to address the
prohibitions or penalties existing under the laws of the
Commonwealth.
(2) An elected official of a municipality or public
employee of a municipality commits a misdemeanor of the first
degree if the elected official or public employee directs or
induces a peace officer under the command or sup ervision of
the elected official or public employee to:
(i) permit an activity that is illegal or prohibited
under the laws of the Commonwealth;
(ii) not enforce a penalty or fine for an offense
under the laws of the Commonwealth or enforce a penalty
or fine for the offense that is different from the
penalty or fine required for the offense under the laws
of the Commonwealth;
(iii) provide an alternate method to address a
prohibition or penalty under the laws of the
Commonwealth; or
(iv) not enforce a law of the Commonwealth.
(b) Previous law, regulation or policy voided.--A law,
regulation or policy adopted or implemented by a municipality,
elected official or public employee negating or limiting the
enforcement of a law of the Commonwealth is declared null and
void and of no further force or effect.
(c) Exception.--This section shall not apply to the
following:
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(1) The Attorney General, or a subordinate acting under
the direction of the Attorney General.
(2) A district attorney, or a subordinate acting under
the direction of a district attorney.
(3) A peace officer.
(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:
"Law of the Commonwealth." A statute enacted by the General
Assembly and approved as a law in accordance with the
Constitution of Pennsylvania.
"Peace officer." As defined under section 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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