Please wait while the document is loaded.

A00161
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
10
Session of
2017
INTRODUCED BY RESCHENTHALER, ALLOWAY, VULAKOVICH, FOLMER, REGAN,
SCARNATI, ARGALL, McGARRIGLE, VOGEL, BARTOLOTTA,
EICHELBERGER, AUMENT, WARD, WHITE, RAFFERTY, MARTIN, WAGNER,
DiSANTO, HUTCHINSON, CORMAN, STEFANO AND YAW,
JANUARY 20, 2017
SENATOR CORMAN, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS
AMENDED, FEBRUARY 6, 2017
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, in matters affecting government units, further
providing for exceptions to sovereign immunity and for
exceptions to governmental immunity; and, in preemptions,
providing for municipality of refuge.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8542 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
Section 1. Section 8522(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 8522. Exceptions to sovereign immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a Commonwealth party may result in the imposition of liability
on the Commonwealth and the defense of sovereign immunity shall
not be raised to claims for damages caused by:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
* * *
(10) The detention of any individual under any of the
following conditions:
(i) The detention of any individual by a
Commonwealth party pursuant to a United States
Immigration and Customs civil immigration detainer
request.
(ii) The detention of an individual by a local
agency or employee thereof, in good faith, pursuant to
the provisions of 53 Pa.C.S. § 305 (relating to
municipalities of refuge).
Section 2. Section 8542 of Title 42 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 , PURSUANT TO A LAWFUL
ARREST, 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.
(2) 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 3. Title 53 is amended by adding a section to
A00161 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
read:
§ 305. Municipality of refuge.
(a) Enforcement.--The following shall enforce 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 Constitution of
the United States or the Constitution of Pennsylvania:
(1) The governing body of any municipality.
(2) An officer or employee of any municipality.
(3) A law enforcement official or a law enforcement
agency.
(4) A district attorney.
(b) (A) 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 law enforcement agency or municipality
that refuses to enforce an immigration order shall not be
eligible:
(1) for any State grant ; or
(2) to participate in the sale of State surplus
property.
(B) ELIGIBILITY.--
(1) A LAW ENFORCEMENT AGENCY OR MUNICIPALITY THAT
REFUSES TO ENFORCE AN IMMIGRATION ORDER SHALL NOT BE
ELIGIBLE:
(I) FOR ANY STATE GRANT; OR
(II) TO PARTICIPATE IN THE SALE OF STATE SURPLUS
PROPERTY.
(2) THIS SUBSECTION SHALL NOT APPLY TO A LAW ENFORCEMENT
A00161 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AGENCY OR MUNICIPALITY 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 WITHIN THE TIME FRAME REQUESTED BY FEDERAL
IMMIGRATION OFFICIALS UP TO A MAXIMUM OF 48 HOURS, EXCLUDING
WEEKENDS AND HOLIDAYS, OF EXTENDED CUSTODY.
(d) (C) Reinstatement.--A law enforcement agency or
municipality that has lost eligibility under subsection (c) (B)
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) (A) .
(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.
(D) ENFORCEMENT.--EACH STATE AGENCY AND EXECUTIVE DEPARTMENT
OFFERING STATE GRANTS OR OVERSEEING THE SALE OF STATE SURPLUS
PROPERTY TO MUNICIPALITIES SHALL REQUIRE EACH MUNICIPALITY TO
VERIFY UNDER PENALTY OF PERJURY THAT THE MUNICIPALITY IS NOT A
MUNICIPALITY OF REFUGE AND IS IN COMPLIANCE WITH SUBSECTION (A).
(f) (E) 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.
A00161 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Municipality of refuge." A municipality that permits ,
REQUIRES OR REQUESTS 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 4. This act shall take effect in 60 days.
A00161 - 5 -
1
2
3
4
5
6
7