PRINTER'S NO. 1426
No. 1196 Session of 2003
INTRODUCED BY LEACH, BELARDI, BELFANTI, BLAUM, BROWNE, BUNT,
FRANKEL, FREEMAN, GODSHALL, GOODMAN, HALUSKA, HARHAI,
HENNESSEY, HORSEY, JAMES, LAUGHLIN, LEDERER, MELIO, PISTELLA,
SCHRODER, SCRIMENTI, SOLOBAY, SURRA, THOMAS, WALKO,
WASHINGTON AND YOUNGBLOOD, APRIL 16, 2003
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 16, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, establishing a civil
3 action to recover damages caused by terrorism.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. This act shall be known and may be cited as the
7 Anti-Terrorism Act.
8 Section 2. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 8317. Terrorism action.
11 (a) General rule.--In addition to any other right of action
12 and any other remedy provided by law, an action may be brought
13 to recover damages against the terrorist, terrorist organization
14 or person who knowingly provided material support or resources
15 to or aided a terrorist or terrorist organization for the death
16 of an individual or for an injury to an individual or damage to
17 or loss of property caused by an act of terrorism.
1 (b) Application of section.--This section shall not apply
2 to:
3 (1) A financial institution as defined by 31 U.S.C. §
4 5312(a)(2) (relating to definitions and application),
5 including an operating or financial subsidiary, that complies
6 with Federal laws and regulations relating to a financial
7 transaction at the time the transaction occurs including, to
8 the extent applicable, the International Money Laundering
9 Abatement and Anti-Terrorist Financing Act of 2001 (Title III
10 of Public Law 107-56).
11 (2) Conduct by a party to a labor dispute as defined in
12 the act of June 2, 1937 (P.L.1198, No.308), known as the
13 Labor Anti-Injunction Act, or to any constitutionally
14 protected activity.
15 (c) Recovery.--The plaintiff may seek recovery for any of
16 the following:
17 (1) General and special damages, including damages for
18 emotional distress.
19 (2) Punitive damages.
20 (3) Reasonable attorney fees and costs.
21 (4) Such other relief that the court deems necessary and
22 proper.
23 (d) Assets.--In making a recovery under this section, the
24 plaintiff may enforce the judgment against the assets of the
25 terrorist, terrorist organization or person who knowingly
26 provided material support or resources to or aided the terrorist
27 or terrorist organization.
28 (e) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Act of terrorism." An act or acts constituting a specified
2 offense under 18 Pa.C.S. Part II (relating to definition of
3 specific offenses) that involve a violent act or an act
4 dangerous to human life, including an attempt or conspiracy to
5 commit any such offense, intended to intimidate or coerce a
6 civilian population; influence the policy of a government by
7 intimidation or coercion; or affect the conduct of a government
8 by mass destruction, assassination or kidnapping.
9 "Dangerous to human life." An act which is intended to or
10 likely to cause death or serious bodily injury.
11 "Mass destruction." An act which is intended to or likely to
12 destroy or cause serious damage to transportation-related
13 infrastructure or facilities, energy-related infrastructure or
14 facilities, public or private buildings, places of public
15 accommodation or public works under circumstances evincing
16 depraved indifference to human life or property.
17 "Material support or resources." Currency or other financial
18 securities, financial services, lodging, training, safe houses,
19 false documentation or identification, communications equipment,
20 facilities, weapons, lethal substances, explosives, personnel,
21 transportation and other physical assets, except medicine or
22 religious materials.
23 Section 2. This act shall take effect immediately.
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