8309 - Civil rights violations.

     § 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.     (Dec. 19, 1990, P.L.1394, No.216, eff. 60 days)        1990 Amendment.  Act 216 added section 8309.