Pennsylvania SB 964: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for application of international law.

Bill Text

PRINTER'S NO. 1103
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 964
Session of
2025
INTRODUCED BY MASTRIANO AND HUTCHINSON, AUGUST 13, 2025
REFERRED TO JUDICIARY, AUGUST 13, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for application
of international law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 53 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
APPLICATION OF INTERNATIONAL LAW
Sec.
5351. Legislative declarations.
5352. Definitions.
5353. Application of this subchapter to other laws.
5354. Application of international law restricted.
5355. Violations and review.
5356. Whistleblower protection.
5357. Reporting of violations.
5358. Construction.
§ 5351. Legislative declarations.
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The General Assembly declares as follows:
(1) The Constitution of the United States and the
Constitution of Pennsylvania are the supreme law of this
Commonwealth.
(2) The rights and privileges guaranteed under the
Constitution of the United States and the Constitution of
Pennsylvania shall not be infringed or limited by the
application or enforcement of any international law to the
extent the application would violate rights guaranteed under
the Constitution of the United States and the Constitution of
Pennsylvania.
§ 5352. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"International law." Legal codes, statutes or systems
originating from outside the United States that are applied in
judicial or administrative proceedings in this Commonwealth. The
term shall not include:
(1) Treaties to which the United States is a party under
Article II, Section 2 of the Constitution of the United
States.
(2) Federal statutes implementing international
agreements.
(3) Recognition of judgments or awards under 9 U.S.C.
(relating to arbitration), the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards of June 10, 1958,
or other binding Federal law.
"Public policy." Fundamental principles and values,
including due process, equal protection, freedom of religion,
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freedom of speech and other rights guaranteed under the
Constitution of the United States and the Constitution of
Pennsylvania.
§ 5353. Application of this subchapter to other laws.
This subchapter shall not affect the recognition or
enforcement of judgments under:
(1) The act of November 21, 1990 (P.L.559, No.139),
known as the Uniform Foreign Money Judgment Recognition Act,
unless such recognition or enforcement would violate
constitutional rights or public policy.
(2) (Reserved).
§ 5354. Application of international law restricted.
(a) Prohibition.--
(1) A court, arbitrator, tribunal or administrative
agency may not apply or enforce a provision of international
law where the application of the law is found to directly and
materially violate a clearly established right under the
Constitution of the United States or the Constitution of
Pennsylvania.
(2) If a provision of a contract or agreement calls for
the application of international law and the enforcement of
that international law would violate public policy, that
provision shall be null and void to the extent of the
conflict.
(b) Construction.--Nothing in this subchapter shall be
construed to:
(1) Deny recognition to foreign or international
judgments or arbitration awards otherwise enforceable under
Federal or State law, unless they violate public policy.
(2) Interfere with choice-of-law principles that do not
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result in constitutional violations.
(3) Prohibit private parties from voluntarily subjecting
themselves to foreign law in a personal or business context,
so long as the choice does not infringe upon fundamental
rights.
§ 5355. Violations and review.
A public officer, agency or administrative tribunal that
knowingly and willfully applies a provision of international law
in a manner that directly violates a person's constitutional
rights may be subject to disciplinary review under applicable
judicial or administrative procedures. A civil penalty may not
be imposed unless gross negligence or willful misconduct is
established by clear and convincing evidence.
§ 5356. Whistleblower protection.
(a) General protection.--An individual who, in good faith,
reports a concern or complaint of this subchapter shall be
protected from retaliation in the form of discharge, demotion,
suspension, harassment or any form of discrimination in the
terms and conditions of employment or professional status.
(b) Retaliation penalties.--Any person who re