PRINTER'S NO. 2207
No. 1625 Session of 1990
INTRODUCED BY DAWIDA, REIBMAN, O'PAKE, MELLOW, FATTAH, STOUT,
BELAN AND SHAFFER, MAY 23, 1990
REFERRED TO JUDICIARY, MAY 23, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing redress for
3 civil rights violations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8308. Civil rights violations.
9 (a) Redress for personal injury.--A person who incurs injury
10 to his person or damage or loss to his property as a result of
11 conduct described in 18 Pa.C.S. § 2710 (relating to ethnic
12 intimidation) or 3307 (relating to institutional vandalism)
13 shall have a right of action against the actor for injunction,
14 damages or other appropriate civil or equitable relief. In the
15 action, the issue of whether the defendant engaged in the
16 conduct alleged shall be determined according to the burden of
17 proof used in other civil actions for similar relief. The
18 plaintiff may seek recovery for any of the following:
1 (1) General and special damages including damages for
2 emotional distress. Damages under this subsection shall be
3 actual damages or $500, whichever is greater.
4 (2) Punitive damages.
5 (3) Reasonable attorney fees and costs.
6 (4) Injunctive and other equitable relief.
7 (5) Such other relief which the court deems necessary
8 and proper.
9 (b) Redress sought by public official on behalf of others.--
10 When the rights of a citizen are violated as a result of conduct
11 described in 18 Pa.C.S. § 2710 or 3307, the district attorney of
12 the county in which the violation took place or the Attorney
13 General, after consulting with the district attorney, may
14 institute a civil action for injunctive or other appropriate
15 equitable relief in order to protect the peaceable exercise or
16 enjoyment of these rights. The civil action shall be brought in
17 the name of the Commonwealth of Pennsylvania in the county where
18 the violation occurred.
19 (c) Filing of court orders.--The prothonotary of the court
20 in which a civil action is brought under subsection (a) or (b)
21 shall transmit two certified copies of an order issued in the
22 action to each appropriate law enforcement agency having
23 jurisdiction over locations where the defendant is alleged to
24 have committed the act and where the defendant resides or has
25 his principal place of business. The sheriff of the county in
26 which the defendant resides shall serve a copy of the order on
27 the defendant. Unless otherwise ordered by the court, service
28 shall be by delivering a copy in hand to the defendant. Law
29 enforcement agencies shall establish procedures adequate to
30 ensure that all officers responsible for the enforcement of the
19900S1625B2207 - 2 -
1 order are informed of its existence and terms. When a law
2 enforcement officer has probable cause to believe that a
3 defendant has violated the provisions of this section, the
4 officer may arrest him.
5 (d) Contempt notice required to be part of order.--In
6 actions brought under this section, when a court issues a
7 temporary restraining order or a preliminary or permanent
8 injunction ordering a defendant to refrain from certain conduct
9 or activities, the order issued shall contain the following
10 statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
11 (e) Penalties.--A violation of an order issued and served as
12 set forth in this section shall be a misdemeanor of the second
13 degree. If bodily injury results from the violation, the
14 violation shall be a misdemeanor of the first degree.
15 (f) Vacated orders.--When the court vacates a temporary
16 restraining order or a preliminary or permanent injunction
17 issued under this section, the prothonotary shall promptly
18 notify in writing each appropriate law enforcement agency which
19 had been notified of the issuance of the order and shall direct
20 each such agency to destroy all records of the order, and the
21 agency shall comply with the directive upon receipt of the
22 notification.
23 Section 2. This act shall take effect in 60 days.
C26L42CHF/19900S1625B2207 - 3 -