Pennsylvania HB 1968: An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in miscellaneous provisions, providing for corrections officers.

Bill Text

PRINTER'S NO. 2483
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1968
Session of
2025
INTRODUCED BY PIELLI, FRIEL, WAXMAN, WEBSTER, HOHENSTEIN,
HOWARD, GUZMAN, MAYES, KINKEAD, HILL-EVANS, RIVERA, RABB,
SCHLOSSBERG, SANCHEZ, SCHWEYER, WARREN, GREEN, FIEDLER,
CEPEDA-FREYTIZ, DALEY, MALAGARI, CEPHAS, GUENST, ISAACSON AND
SHUSTERMAN, OCTOBER 17, 2025
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for personal rights; and prescribing
penalties.
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:
§ 8309.1. Personal rights.
(a) Prohibition.--A person, whether or not acting under
color of law, may not interfere by threat, intimidation or
coercion, or attempt to interfere by threat, intimidation or
coercion, with the exercise or enjoyment by an individual of a
right secured by the Constitution of the United States, the
Constitution of Pennsylvania, the laws of the United States or
the laws of this Commonwealth.
(b) Civil action by district attorney or Attorney General.--
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(1) In the event of an alleged violation of subsection
(a), the district attorney of the county in which the
violation allegedly occurred or the Attorney General, after
consulting with the district attorney, may bring a civil
action to protect the exercise or enjoyment of the right
described under subsection (a).
(2) A civil action under this subsection may seek either
or both of the following:
(i) Injunctive or other appropriate equitable
relief.
(ii) A civil penalty not exceeding $25,000. If
awarded, the civil penalty shall be:
(A) Assessed individually against each person
determined to have violated subsection (a).
(B) Awarded to each individual who was not able
to exercise or enjoy the right described under
subsection (a).
(c) Civil action by individual.--
(1) In the event of an alleged violation of subsection
(a), an individual who allegedly was not able to exercise or
enjoy the right described under subsection (a) may bring a
civil action in the name and on behalf of the individual to
protect the exercise or enjoyment of the right.
(2) A civil action under this subsection may seek any
one or combination of the following:
(i) Damages.
(ii) Injunctive or other appropriate equitable
relief.
(iii) Declaratory relief.
(iv) Reasonable attorney fees.
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(d) Venue.--
(1) Except as provided in paragraph (2), a civil action
brought under subsection (b) or (c) shall be filed in the
court of common pleas of the county in which:
(i) the violation allegedly occurred; or
(ii) the person alleged to have committed the
violation resides, is employed on a regular basis or has
a place of business.
(2) A civil action brought by the Attorney General in
accordance with subsection (b) may be filed in the court of
common pleas of any county in this Commonwealth, in which
case the jurisdiction of the court shall extend throughout
this Commonwealth.
(e) Injunctive relief.--
(1) If, in a civil action brought in accordance with
subsection (b) or (c), a court issues an order granting
injunctive relief in which a defendant is ordered to refrain
from certain conduct or activities, the order must contain
the following statement: "VIOLATION OF THIS ORDER IS A
CRIMINAL OFFENSE."
(2) A willful and knowing violation of an order
described in paragraph (1) shall be:
(i) Except as provided in subparagraph (ii), a
misdemeanor of the third degree.
(ii) A misdemeanor of the second degree if bodily
injury results from the violation.
(f) Likely acts of violence.--If the court determines that
an act of violence is likely to occur either against the
individual who prevailed in the civil action under this section
or otherwise, the court shall direct the individual or the clerk
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of the court to provide a copy of the order as soon as
practicable to each law enforcement agency having jurisdiction
over the residence of the individual or over any other location
where the act of violence is likely to occur, as designated by
the individual. Each designated law enforcement agency shall
provide, to any law enforcement officer responding to the scene
of a reported act of violence, information as to the existence,
terms and current status of the order.
(g) Attorney fees.--In addition to any damages, injunctive
or other appropriate equitable relief or declaratory relief
awarded in a civil action brought in accordance with subsection
(c), the court may, upon request or sua sponte, award the
plaintiff reasonable attorney fees.
(h) Nonexclusivity.--The filing of a civil