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| PRIOR PRINTER'S NO. 903 | PRINTER'S NO. 2587 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 19, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in matters affecting |
3 | government units, providing for exceptions to governmental |
4 | immunity related to unauthorized aliens. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated Statutes |
8 | is amended by adding a section to read: |
9 | § 8543. Exceptions to governmental immunity related to |
10 | unauthorized aliens. |
11 | (a) Liability imposed.--A sanctuary municipality shall be |
12 | liable for damages on account of an injury to a person or |
13 | property as a result of criminal activity by an unauthorized |
14 | alien if all of the following conditions are satisfied: |
15 | (1) Federal immigration officials have determined that | <-- |
16 | the person who engaged in the criminal activity is an |
17 | unauthorized alien. |
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1 | (1) (2) The unauthorized alien has been is a resident of | <-- |
2 | the sanctuary municipality for at least six months. | <-- |
3 | (2) (3) The unauthorized alien is convicted of a the | <-- |
4 | crime that caused the injury. | <-- |
5 | (3) (4) The criminal activity is a proximate cause of | <-- |
6 | the injury. |
7 | (b) Definitions.--As used in this section, the following |
8 | words and phrases shall have the meanings given to them in this |
9 | subsection: |
10 | "Municipality." A municipality as defined under 1 Pa.C.S. § |
11 | 1991 (relating to definitions). |
12 | "Sanctuary municipality." A municipality which has adopted | <-- |
13 | ordinances, policies or procedures to encourage unauthorized |
14 | aliens to reside in the municipality. The term shall include |
15 | ordinances, policies or procedures which do any of the |
16 | following: |
17 | (1) Prohibit, restrict or discourage municipal employees |
18 | from sending, receiving or maintaining information regarding |
19 | the immigration status, lawful or unlawful, of any |
20 | individual, or exchanging the information with any other |
21 | Federal, State or local government entity. |
22 | (2) Prohibit, restrict or discourage municipal employees |
23 | from asking individuals their citizenship or immigration |
24 | status. |
25 | (3) Provide public benefits, unless required by Federal |
26 | or State statutes or court decisions, with the exception of |
27 | any of the following: |
28 | (i) Emergency medical care. |
29 | (ii) Law enforcement, arrest, prosecution, |
30 | incarceration, detainment and related expenses. |
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1 | (iii) Benefits provided to the public at large, |
2 | including maintenance of roads, sidewalks, public parks |
3 | and similar government property. |
4 | "Sanctuary municipality." Any municipality that prohibits or | <-- |
5 | in any way restricts an official or employee of the municipality |
6 | from: |
7 | (1) sending to or receiving from Federal immigration |
8 | officials information regarding the citizenship or |
9 | immigration status, lawful or unlawful, of an individual; |
10 | (2) doing any of the following with respect to |
11 | information regarding the immigration status, lawful or |
12 | unlawful, of an individual: |
13 | (i) sending such information to or requesting such |
14 | information from Federal immigration officials; |
15 | (ii) maintaining such information; or |
16 | (iii) exchanging such information with other Federal |
17 | agencies, State agencies or municipalities; |
18 | (3) inquiring about an individual's name, date and place |
19 | of birth and immigration status; |
20 | (4) requesting an applicant who applies for a State or |
21 | local public benefit as defined by section 411(c) of the |
22 | Personal Responsibility and Work Opportunity Reconciliation |
23 | Act of 1996 (Public Law 104-193, 8 U.S.C. § 1621(c)) to |
24 | provide proof of eligibility to receive the State or local |
25 | public benefit. |
26 | "Unauthorized alien." An alien who is not lawfully present |
27 | within the United States as determined by Federal immigration | <-- |
28 | officials. |
29 | Section 2. This act shall take effect in 60 days. |
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