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. PN1103 View text Current pdf

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The bill adds new provisions to Title 42 of the Pennsylvania Consolidated Statutes to restrict the application of international law in relation to constitutional rights.

• Title 42

  § 5351. Legislative declarations. (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.

  Establishes that state constitutional rights take precedence over international laws.

• Title 42

  § 5352. Definitions. "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.

  Defines 'international law' and excludes certain federal and treaty-related provisions from this definition.

• Title 42

  § 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.

  Prohibits enforcement of international law that violates constitutional rights or public policy.

• Title 42

  § 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.

  Imposes disciplinary measures for public officials who violate constitutional rights by applying international law.

• Title 42

  § 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.

  Establishes protections for whistleblowers reporting violations of international law application.

• Title 42

  § 5357. Reporting of violations. The Office of Attorney General shall: (1) Establish and maintain a secure and anonymous reporting system for individuals to submit complaints or concerns related to violations of this subchapter, provided that the system shall not be used to undermine judicial independence, second-guess judicial decisions or substitute policy disagreement for legal error.

  Creates a reporting system for concerns about violations of the new international law provisions.

• Title 42

  § 5358. Construction. Nothing in this subchapter shall be construed to conflict with the Constitution of the United States, Federal law or treaties duly ratified by the United States.

  Clarifies that this new subchapter does not conflict with existing federal law or treaties.

Action History

1. August 13, 2025

   Referred to Judiciary

Sponsors

• Doug Mastriano · Primary
• Scott E. Hutchinson · Cosponsor

Subjects