S0010B0295A00165 SFR:CMD 02/07/17 #90 A00165
AMENDMENTS TO SENATE BILL NO. 10
Sponsor: SENATOR BLAKE
Printer's No. 295
Amend Bill, page 1, line 4, by inserting after "immunity"
and for limitations on damages
Amend Bill, page 1, lines 12 through 17; page 2, lines 1
through 8; by striking out all of said lines on said pages and
inserting
(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 damage to property within the limits set forth in
this subchapter if:
(i) The injury to a person or damage to property was
caused by the act of an individual who was in the custody
of the law enforcement agency of the municipality of
refuge.
(ii) The individual was released from custody,
notwithstanding the existence of a United States
Immigration and Customs Enforcement civil immigration
detainer request for the individual.
(iii) The act causing the injury to a person or
damage to property occurred within 24 hours of the
release of the individual.
(2) The following words and phrases as used in this
subsection shall have the meaning given to them in this
paragraph, unless the context clearly indicates otherwise:
"Injury to a person." Death or serious bodily injury.
"Municipality of refuge." The term shall have the same
meaning as given to the term in 53 Pa.C.S. § 305 (relating to
municipality of refuge).
* * *
Section 2. Section 8553(b) of Title 42 is amended to read:
§ 8553. Limitations on damages.
* * *
(b) Amounts recoverable.--Damages arising from the same
cause of action or transaction or occurrence or series of causes
of action or transactions or occurrences shall not exceed
$500,000 in the aggregate[.] or, for a cause of action under
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section 8542(a.1) (relating to exceptions to governmental
immunity) involving damages to property only, shall not exceed
$1,000 in the aggregate.
* * *
Amend Bill, page 2, line 9, by striking out "2" and inserting
3
Amend Bill, page 4, line 15, by striking out "3" and
inserting
4
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See A00165 in
the context
of SB0010