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§ 7306. Immunity

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 44 Pa.C.S.A. Law and JusticeEffective: July 14, 2021

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 44 Pa.C.S.A. Law and Justice (Refs & Annos)
Part IV. Other Officers and Officials (Refs & Annos)
Chapter 73. Law Enforcement Background Investigations and Employment Information (Refs & Annos)
Effective: July 14, 2021
44 Pa.C.S.A. § 7306
§ 7306. Immunity
Currentness
(a) General rule.--In the absence of fraud or malice, a law enforcement agency is immune from civil liability for employment information released to a prospective employing law enforcement agency in accordance with this chapter or for any subsequent publication made by the prospective employing law enforcement agency or the applicant of employment information released to a law enforcement agency under this chapter.
(b) Release in violation of chapter.--
(1) A law enforcement agency is not immune from civil liability for employment information released in violation of this chapter.
(2) An applicant adversely affected by the release of employment information in violation of this chapter may seek declarative and injunctive relief and actual and punitive damages attributable to the violation in an appropriate court.
(3) The court shall award reasonable expenses, including attorney fees, court costs and compensation for loss of income, to the applicant adversely affected if an action under paragraph (2) results in:
(i) a final determination by a court in favor of the law enforcement officer adversely affected; or
(ii) rescission of the challenged release of information after suit has been filed under paragraph (2) but prior to a final determination by a court.

Credits

2020, July 14, P.L. 613, No. 57, § 1, effective in one year [July 14, 2021].
44 Pa.C.S.A. § 7306, PA ST 44 Pa.C.S.A. § 7306
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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