H1885B3075A10867 SFR:BTW 10/24/16 #90 A10867
AMENDMENTS TO HOUSE BILL NO. 1885
Sponsor: SENATOR ALLOWAY
Printer's No. 3075
Amend Bill, page 1, lines 1 through 7, by striking out all of
said lines and inserting
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.
Amend Bill, page 1, lines 10 through 18; pages 2 through 4,
lines 1 through 30; page 5, lines 1 through 5; by striking out
all of said lines on said pages and inserting
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.--
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, notwithstanding the existence of a
United States Immigration and Customs Enforcement civil
immigration detainer request for the 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 may assist in the
enforcement of 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.
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(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 municipality of refuge shall not be
eligible:
(1) for any State law enforcement grant; or
(2) to participate in the sale of State surplus
property.
(d) Reinstatement.--A municipality 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 adopts a rule,
order, ordinance or policy which does either of the following:
(1) prohibits the enforcement of a Federal law or the
laws of this Commonwealth pertaining to an immigrant or
immigrations: or
(2) 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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