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06/02/2024 07:06 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=9985
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 12, 2012 12:42 PM
From: Representative Jerry Knowles
To: All House members
Subject: Sanctuary Cities - Victims of Unauthorized Aliens
 
As a general rule, municipalities in Pennsylvania enjoy governmental immunity from lawsuits. The Commonwealth’s Judicial Code outlines the limited exceptions to governmental immunity. For example, under certain circumstances, you can sue for dangerous conditions of streets or sidewalks, custody of personal property, etc.

In the last several years, the national media have reported on the occurrence of so-called “sanctuary cities”. This term refers to various cities which have declared themselves to be “sanctuaries” for unauthorized aliens in the United States. These cities have embraced policies to discourage the enforcement of immigration laws and have, at least on some level, stymied efforts to deal with the legitimate concerns about those who have violated our laws to be here. I intend to re-introduce legislation to assist victims who have been subjected to crimes committed by unauthorized aliens that were sheltered by these “sanctuary cities”.

This legislation would create another exception to the shield of governmental immunity. Any municipality which adopted policies to encourage unauthorized aliens to take up residence could be held liable for damages to persons or property as a result of criminal activity by unauthorized aliens if:
  • the unauthorized alien had resided in the municipality for at least 6 months,
  • the unauthorized alien was convicted of a crime, and,
  • the crime was the proximate cause of the injury.

The following members were co-sponsors of the bill last session (Previously HB865):
Baker, Barrar, Clymer, Cox, Cutler, Gabler, Geist, Gillen, Grove, Heffley, Hutchinson, Kauffman, Knowles, Krieger, Metcalfe, Metzger, Miller, Mustio, O'Neill, Readshaw, Rock, Swanger, Vulakovich