Pennsylvania Act 1990-216 — JUDICIAL CODE (42 PA.C.S.) - AMEND CIVIL RIGHTS VIOLATION

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND CIVIL RIGHTS VIOLATION
                 Act of Dec. 19, 1990, P.L. 1394, No. 216             Cl. 42
                             Session of 1990
                               No. 1990-216

                                  AN ACT

     HB 2284

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing redress for
        civil rights violations.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8309.  Civil rights violations.
        (a)  Redress for personal injury.--A person who incurs injury
     to his person or damage or loss to his property as a result of
     conduct described in 18 Pa.C.S. § 2710 (relating to ethnic
     intimidation) or 3307 (relating to institutional vandalism)
     shall have a right of action against the actor for injunction,
     damages or other appropriate civil or equitable relief. 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 similar relief. The
     plaintiff may seek recovery for 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.
            (4)  Injunctive and other equitable relief.
            (5)  Such other relief which the court deems necessary
        and proper.
        (b)  Redress sought by public official on behalf of others.--
     When conduct which would constitute a violation of 18 Pa.C.S. §
     2710 or 3307 has occurred, the district attorney of the county
     in which the violation took place or the Attorney General, after
     consulting with the district attorney, may institute a civil
     action for injunctive or other equitable relief if needed to
     protect any person or property. The civil action shall be
     brought in the name of the Commonwealth of Pennsylvania in the
     county where the violation occurred.
        (c)  Filing of court orders.--The prothonotary of the court
     in which a civil action is brought under subsection (a) or (b)
     shall transmit two certified copies of any order issued in the
     action to each appropriate law enforcement agency having
     jurisdiction over locations where the defendant is alleged to
     have committed the act and where the defendant resides or has
     his principal place of business. The sheriff of the county in
     which the defendant resides shall serve a copy of the order on
     the defendant. Unless otherwise ordered by the court, service
     shall be by delivering a copy in hand to the defendant. Law
     enforcement agencies shall establish procedures adequate to
     ensure that all officers responsible for the enforcement of the
     order are informed of its existence and terms. When a law
     enforcement officer has probable cause to believe that a
     defendant has violated the provisions of an order, the officer
     may arrest him.
        (d)  Contempt notice required to be part of order.--In
     actions brought under this section, when a court issues a
     temporary restraining order or a preliminary or permanent
     injunction ordering a defendant to refrain from certain conduct
     or activities, the order issued shall contain the following
     statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
        (e)  Penalties.--A violation of an order issued and served as
     set forth in this section shall be a misdemeanor of the second
     degree. If bodily injury results from the violation, the
     violation shall be a misdemeanor of the first degree.
        (f)  Vacated orders.--When the court vacates a temporary
     restraining order or a preliminary or permanent injunction
     issued under this section, the prothonotary shall promptly
     notify in writing each appropriate law enforcement agency which
     had been notified of the issuance of the order and shall direct
     each such agency to destroy all records of the order, and the
     agency shall comply with the directive upon receipt of the
     notification.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 19th day of December, A. D. 1990.

     ROBERT P. CASEY