Senate Bill 1193 Printer's Number 1469

PENNSYLVANIA, February 27 - State entity.

§ 3103. Civil immigration arrests.

(a) Condition for executing.--A civil immigration arrest may

not be executed within a State facility, a facility owned or

leased by a local political subdivision or within 1,000 feet of

a State facility or a facility owned or leased by a local

political subdivision unless the arresting authority presents a

valid judicial warrant or judicial order authorizing the arrest

and detention of the individual named in the judicial warrant or

judicial order.

(b) Exception.--Subsection (a) shall not apply to a civil

immigration arrest that is directly related to a judicial or

administrative proceeding occurring within the State facility.

§ 3104. Civil action.

(a) Authorization of civil action.--An individual who is

subjected to a civil immigration arrest in violation of this

chapter, shall have a right of action against any affected State

entity, or any officer, employee or agent of an affected State

entity, that knowingly or recklessly permitted or facilitated

the violation. In the action, the issue of whether the defendant

engaged in the conduct alleged shall be determined according to

the burden of proof used in other civil actions for relief

similar to that sought.

(b) Relief.--The plaintiff, in an action under subsection

(a), may seek any of the following:

(1) General and special damages, including damages for

emotional distress. Damages under this paragraph shall be

actual damages or $500, whichever is greater.

(2) Punitive damages.

(3) Reasonable attorney fees and costs.

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