HB 351 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in obstructing governmental operations, providing for the offense of enforcement of State law.

PRINTER'S NO.   305

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                             HOUSE BILL
                             No. 351
                                                    Session of
                                                      2025

     INTRODUCED BY BONNER, M. BROWN, JAMES, KAUFFMAN, SMITH AND
        ZIMMERMAN, JANUARY 27, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2025


                                         AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in obstructing governmental
 3      operations, providing for the offense of enforcement of State
 4      law.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.         Title 18 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5113.    Enforcement of State law.
10      (a)    Offense defined.--
11             (1)   An elected official of a municipality commits a
12      misdemeanor of the first degree if the elected official votes
13      in favor of or approves of a law, regulation or policy that:
14                   (i)    permits, or otherwise decriminalizes, an
15             activity that is illegal or prohibited under the laws of
16             this Commonwealth;
17                   (ii)    prohibits the enforcement of a penalty or fine
18             for an offense under the laws of this Commonwealth or
19             establishes a penalty or fine for the offense that is
 1            different from the penalty or fine required for the
 2            offense under the laws of this Commonwealth;
 3                  (iii)    directs or induces a peace officer to not
 4            enforce a law of this Commonwealth; or
 5                  (iv)    provides an alternate method to address the
 6            prohibitions or penalties existing under the laws of this
 7            Commonwealth.
 8            (2)   An elected official of a municipality or public
 9      employee of a municipality commits a misdemeanor of the first
10      degree if the elected official or public employee directs or
11      induces a peace officer under the command or supervision of
12      the elected official or public employee to:
13                  (i)    permit an activity that is illegal or prohibited
14            under the laws of this Commonwealth;
15                  (ii)    not enforce a penalty or fine for an offense
16            under the laws of this Commonwealth or enforce a penalty
17            or fine for the offense that is different from the
18            penalty or fine required for the offense under the laws
19            of this Commonwealth;
20                  (iii)    provide an alternate method to address a
21            prohibition or penalty under the laws of this
22            Commonwealth; or
23                  (iv)    not enforce a law of this Commonwealth.
24      (b)   Previous law, regulation or policy voided.--A law,
25   regulation or policy adopted or implemented by a municipality,
26   elected official or public employee negating or limiting the
27   enforcement of a law of this Commonwealth is declared null and
28   void and of no further force or effect.
29      (c)   Exception.--This section shall not apply to the
30   following:

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 1            (1)   The Attorney General, or a subordinate acting under
 2      the direction of the Attorney General.
 3            (2)   A district attorney, or a subordinate acting under
 4      the direction of a district attorney.
 5            (3)   A peace officer.
 6      (d)   Definitions.--As used in this section, the following
 7   words and phrases shall have the meanings given to them in this
 8   subsection unless the context clearly indicates otherwise:
 9      "Law of this Commonwealth."       A statute enacted by the General
10   Assembly and approved as a law in accordance with the
11   Constitution of Pennsylvania.
12      "Peace officer."    As defined under section 501 (relating to
13   definitions).
14      Section 2.    This act shall take effect in 60 days.




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