THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KNOWLES, METCALFE, BAKER, BARRAR, CLYMER, COX, CUTLER, GABLER, GEIST, GILLEN, GROVE, HEFFLEY, HUTCHINSON, KAUFFMAN, KRIEGER, METZGAR, MILLER, MUSTIO, O'NEILL, READSHAW, ROCK, VULAKOVICH AND SWANGER, MARCH 1, 2011

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 19, 2011   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in matters affecting

government units, providing for exceptions to governmental

immunity related to unauthorized aliens.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated Statutes

is amended by adding a section to read:

§ 8543.  Exceptions to governmental immunity related to

unauthorized aliens.

(a)  Liability imposed.--A sanctuary municipality shall be

liable for damages on account of an injury to a person or

property as a result of criminal activity by an unauthorized

alien if all of the following conditions are satisfied:

(1)  Federal immigration officials have determined that

<--

the person who engaged in the criminal activity is an

unauthorized alien.

(1) (2)  The unauthorized alien has been is a resident of

<--

the sanctuary municipality for at least six months.

<--

(2) (3)  The unauthorized alien is convicted of a the 

<--

crime that caused the injury.

<--

(3) (4)  The criminal activity is a proximate cause of

<--

the injury.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Municipality."  A municipality as defined under 1 Pa.C.S. §

1991 (relating to definitions).

"Sanctuary municipality."  A municipality which has adopted

<--

ordinances, policies or procedures to encourage unauthorized

aliens to reside in the municipality. The term shall include

ordinances, policies or procedures which do any of the

following:

(1)  Prohibit, restrict or discourage municipal employees

from sending, receiving or maintaining information regarding

the immigration status, lawful or unlawful, of any

individual, or exchanging the information with any other

Federal, State or local government entity.

(2)  Prohibit, restrict or discourage municipal employees

from asking individuals their citizenship or immigration

status.

(3)  Provide public benefits, unless required by Federal

or State statutes or court decisions, with the exception of

any of the following:

(i)  Emergency medical care.

(ii)  Law enforcement, arrest, prosecution,

incarceration, detainment and related expenses.

(iii)  Benefits provided to the public at large,

including maintenance of roads, sidewalks, public parks

and similar government property.

"Sanctuary municipality."  Any municipality that prohibits or

<--

in any way restricts an official or employee of the municipality

from:

(1)  sending to or receiving from Federal immigration

officials information regarding the citizenship or

immigration status, lawful or unlawful, of an individual;

(2)  doing any of the following with respect to

information regarding the immigration status, lawful or

unlawful, of an individual:

(i)  sending such information to or requesting such

information from Federal immigration officials;

(ii)  maintaining such information; or

(iii)  exchanging such information with other Federal

agencies, State agencies or municipalities;

(3)  inquiring about an individual's name, date and place

of birth and immigration status;

(4)  requesting an applicant who applies for a State or

local public benefit as defined by section 411(c) of the

Personal Responsibility and Work Opportunity Reconciliation

Act of 1996 (Public Law 104-193, 8 U.S.C. § 1621(c)) to

provide proof of eligibility to receive the State or local

public benefit.

"Unauthorized alien."  An alien who is not lawfully present

within the United States as determined by Federal immigration

<--

officials.

Section 2.  This act shall take effect in 60 days.