PRINTER'S NO. 4398
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2874
Session of
2020
INTRODUCED BY WARNER, BERNSTINE, DAVANZO, DOWLING, GROVE,
HEFFLEY, JONES, KAUFFMAN, KEEFER, MACKENZIE, MILLARD, MOUL,
NELSON, RYAN, SAYLOR, SCHMITT AND ZIMMERMAN,
SEPTEMBER 18, 2020
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 18, 2020
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for
exceptions to governmental immunity, preemption and
cooperation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 306. Exceptions to governmental immunity, preemption and
cooperation.
(a) Preemption.--A municipality may not adopt or enforce a
policy that prohibits or materially limits a law enforcement
agency, law enforcement officer, corrections officer, parole
officer, judicial officer or judicial staff from enforcing
immigration laws, including the following:
(1) Compliance with subsection (b).
(2) Assisting or cooperating with an officer from the
United States Citizenship and Immigration Services, United
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States Immigration and Customs Enforcement or another Federal
agency regarding immigration laws, including providing
enforcement assistance.
(3) Permitting an officer from the United States
Citizenship and Immigration Services, United States
Immigration and Customs Enforcement or another Federal agency
to enter a county correctional institution, including for the
purpose of interviewing an individual in custody at the
institution or enforcing immigration laws.
(4) Inquiring into the immigration status of an
individual in custody.
(5) With respect to information relating to the release
date or immigration status of an individual in custody,
including information relating to name, date and place of
birth:
(i) Sending the information to or requesting or
receiving the information from the United States
Citizenship and Immigration Services, United States
Immigration and Customs Enforcement or another Federal
agency.
(ii) Maintaining the information.
(iii) Exchanging the information with another
municipality or Federal or State agency.
(b) Cooperation.--
(1) Except as provided in paragraph (3), a law
enforcement agency or municipality that has custody of an
individual subject to an immigration detainer request issued
by the United States Immigration and Customs Enforcement
shall:
(i) Comply with, honor and fulfill any request made
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in the detainer request.
(ii) Inform the individual that the individual is
being held pursuant to an immigration detainer request
issued by the Federal Government.
(2) A law enforcement agency or municipality shall
provide any information requested by the United States
Citizenship and Immigration Services, United States
Immigration and Customs Enforcement or another Federal agency
relating to the release date or immigration status of any
individual in its custody, including information relating to
name, date and place of birth.
(3) Paragraph (1) shall not apply if an individual
provides proof that the individual is a citizen of the United
States or has lawful immigration status in the United States.
(c) Denial of State funds.--
(1) Notwithstanding any other provision of law, a
municipality may not receive State funds if the municipality
adopts, enforces or endorses a policy under which the
municipality prohibits or discourages the enforcement of
immigration laws or, by consistent actions, prohibits or
discourages the enforcement of immigration laws.
(2) State funds for a municipality shall be denied for
the fiscal year following the year in which the municipality
adopted, enforced or endorsed a policy under which the
municipality prohibited or discouraged the enforcement of
immigration laws or, by consistent actions, prohibited or
discouraged the enforcement of immigration laws.
(d) Exceptions to governmental immunity related to aliens.--
A municipality shall be liable for damages on account of an
injury to a person or property as a result of criminal activity
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by an alien if all of the following conditions are satisfied:
(1) Prior to engaging in the criminal activity, the
alien was released from custody by a law enforcement agency
of the municipality in disregard of an immigration detainer
request.
(2) The alien is convicted of criminal charges stemming
from the criminal activity.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Corrections officer." As defined in 61 Pa.C.S. § 102
(relating to definitions).
"County correctional institution." As defined in 61 Pa.C.S.
§ 102.
"Immigration detainer request." A request by a Federal
agency to maintain temporary custody of an alien, including a
United States Homeland Security Form I-247 document or a similar
or successor form.
"Immigration laws." Federal laws, regulations and policy
memoranda relating to aliens, immigrants or immigration,
including the Immigration and Nationality Act (66 Stat. 163, 8
U.S.C. § 1101 et seq.) and 8 CFR (relating to aliens and
nationality).
"Judicial officer." As defined in 42 Pa.C.S. § 102 (relating
to definitions).
"Judicial staff." Administrative staff, as that term is
defined in 42 Pa.C.S. § 102.
"Law enforcement agency." The Office of Attorney General, a
district attorney's office or an agency that employs a law
enforcement officer.
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"Law enforcement officer." An officer of the United States,
another state or political subdivision thereof, or of the
Commonwealth or political subdivision thereof, who is empowered
by law to conduct investigations of or to make arrests for
offenses enumerated in 18 Pa.C.S. (relating to crimes and
offenses) or an equivalent crime in another jurisdiction and any
attorney authorized by law to prosecute or participate in the
prosecution of an offense.
"Municipality." A county, city, borough, incorporated town,
township, home rule municipality, optional plan municipality,
optional charter municipality or a similar general purpose unit
of government created or authorized by statute.
"Parole officer." A State parole agent appointed by the
Pennsylvania Board of Probation and Parole or a county probation
or parole officer of the Commonwealth.
"Policy." An ordinance, resolution, regulation, rule,
practice or other action, whether formal or informal,
promulgated or enforced by a municipality.
Section 2. If any provision of this act or its application
to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this act
which can be given effect without the invalid provision or
applicability.
Section 3. This act shall take effect in 60 days.
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