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                                                      PRINTER'S NO. 1015

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 752 Session of 2007


        INTRODUCED BY CREIGHTON, METCALFE, BAKER, BELFANTI, BENNINGHOFF,
           CAPPELLI, CASORIO, CLYMER, COX, EVERETT, FAIRCHILD, GABIG,
           GEIST, GOODMAN, HALUSKA, HARRIS, HESS, HORNAMAN, HUTCHINSON,
           M. KELLER, R. MILLER, MOYER, MURT, MUSTIO, MYERS, O'NEILL,
           PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROHRER, SCAVELLO,
           SOLOBAY, R. STEVENSON, SWANGER, KORTZ, SCHRODER, DeLUCA,
           BARRAR, PERRY, ROAE, VULAKOVICH AND BOYD, MARCH 22, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for definitions;
     3     providing for mandatory determination of citizenship and
     4     immigration status; and further providing for use of records
     5     by licensing agencies and for use of records for employment.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The definition of "criminal history record
     9  information" in section 9102 of Title 18 of the Pennsylvania
    10  Consolidated Statutes is amended to read:
    11  § 9102.  Definitions.
    12     The following words and phrases when used in this chapter
    13  shall have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     * * *
    16     "Criminal history record information."  Information collected
    17  by criminal justice agencies concerning individuals, and arising

     1  from the initiation of a criminal proceeding, consisting of
     2  identifiable descriptions, dates and notations of arrests,
     3  indictments, citizenship or immigration status, informations or
     4  other formal criminal charges and any dispositions arising
     5  therefrom. The term does not include intelligence information,
     6  investigative information or treatment information, including
     7  medical and psychological information, or information and
     8  records specified in section 9104 (relating to scope).
     9     * * *
    10     Section 2.  Title 18 is amended by adding a section to read:
    11  § 9112.1.  Mandatory determination of citizenship and
    12                 immigration status.
    13     (a)  Inquiry.--An arresting authority shall inquire into the
    14  citizenship and immigration status of all persons arrested for a
    15  felony, misdemeanor or summary offense regardless of the
    16  person's national origin, ethnicity or race, if the inquiry does
    17  not significantly expand the duration of the detention. If a
    18  person cannot demonstrate that he or she is a citizen or
    19  national of the United States, the law enforcement agent shall
    20  verify with the Federal Government, under section 642(c) of the
    21  Illegal Immigration Reform and Immigrant Responsibility Act of
    22  1996 (Public Law 104-208, 110 Stat. 3009-672), whether the
    23  person is an alien and, if so, whether the alien is lawfully or
    24  unlawfully present in the United States. The following
    25  information shall be forwarded to, and in a manner and such form
    26  as provided by the central repository:
    27         (1)  the determination of citizenship or immigration
    28     status; or
    29         (2)  the inability to determine citizenship or
    30     immigration status in cases where the determination would
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     1     significantly expand the duration of the detention.
     2     (b)  Cooperation with Federal immigration authorities.--An
     3  arresting authority shall fully comply with and, to the full
     4  extent permitted by law, support the enforcement of Federal law
     5  prohibiting the entry into, presence or residence in the United
     6  States of aliens in violation of Federal law. If an alien is
     7  verified to be unlawfully present in the United States under
     8  subsection (a), the arresting authority shall cooperate with any
     9  request by Federal immigration authorities to detain the alien
    10  or transfer the alien to the custody of the Federal Government.
    11     (c)  Authorization.--Pursuant to section 642 of the Illegal
    12  Immigration Reform and Immigrant Responsibility Act of 1996 and
    13  section 434 of the Personal Responsibility and Work Opportunity
    14  Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105),
    15  no arresting authority agencies may be prohibited or in any way
    16  restricted from sending, receiving or maintaining information
    17  regarding the immigration status, lawful or unlawful, of any
    18  individual, or exchanging the information with any other
    19  Federal, State or local government entity. No city, county or
    20  State law enforcement agency may by ordinance, official policy
    21  or informal policy, prevent its officers from asking individuals
    22  their citizenship or immigration status.
    23     (d)  Uniform crime reporting.--Statistical information
    24  concerning the citizenship and immigration status of all persons
    25  arrested for a felony, misdemeanor or summary offense shall be
    26  included in the Pennsylvania Uniform Crime Reporting Program and
    27  published in any annual report under the act of November 29,
    28  2004 (P.L.1383, No.180), known as the Uniform Crime Reporting
    29  Act.
    30     Section 3.  Sections 9124 and 9125 of Title 18 are amended to
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     1  read:
     2  § 9124.  Use of records by licensing agencies.
     3     (a)  State agencies.--Except as provided by this chapter, a
     4  board, commission or department of the Commonwealth, when
     5  determining eligibility for licensing, certification,
     6  registration or permission to engage in a trade, profession or
     7  occupation, may consider [convictions] any of the following:
     8         (1)  Convictions of the applicant of crimes but the
     9     convictions shall not preclude the issuance of a license,
    10     certificate, registration or permit.
    11         (2)  A verification under section 9112.1(a) (relating to
    12     mandatory determination of citizenship and immigration
    13     status) that an applicant is unlawfully present in the United
    14     States.
    15     (b)  Prohibited use of information.--The following
    16  information shall not be used in consideration of an application
    17  for a license, certificate, registration or permit:
    18         (1)  Records of arrest if there is no conviction of a
    19     crime based on the arrest.
    20         (2)  Convictions which have been annulled or expunged.
    21         (3)  Convictions of a summary offense.
    22         (4)  Convictions for which the individual has received a
    23     pardon from the Governor.
    24         (5)  Convictions which do not relate to the applicant's
    25     suitability for the license, certificate, registration or
    26     permit.
    27     (c)  State action authorized.--Boards, commissions or
    28  departments of the Commonwealth authorized to license, certify,
    29  register or permit the practice of trades, occupations or
    30  professions may refuse to grant or renew, or may suspend or
    20070H0752B1015                  - 4 -     

     1  revoke any license, certificate, registration or permit for the
     2  following causes:
     3         (1)  Where the applicant has been convicted of a felony.
     4         (2)  Where the applicant has been convicted of a
     5     misdemeanor which relates to the trade, occupation or
     6     profession for which the license, certificate, registration
     7     or permit is sought.
     8         (3)  Where it has been verified under section 9112.1(a)
     9     that an applicant is unlawfully present in the United States.
    10     (d)  Notice.--The board, commission or department shall
    11  notify the individual in writing of the reasons for a decision
    12  which prohibits the applicant from practicing the trade,
    13  occupation or profession if such decision is based in whole or
    14  part on [conviction] any of the following:
    15         (1)  Conviction of any crime.
    16         (2)  A verification under section 9112.1(a) that an
    17     applicant is unlawfully present in the United States.
    18  § 9125.  Use of records for employment.
    19     (a)  General rule.--Whenever an employer is in receipt of
    20  information which is part of an employment applicant's criminal
    21  history record information file, it may use that information for
    22  the purpose of deciding whether or not to hire the applicant,
    23  only in accordance with this section.
    24     (b)  Use of information.--
    25         (1)  Felony and misdemeanor convictions may be considered
    26     by the employer only to the extent to which they relate to
    27     the applicant's suitability for employment in the position
    28     for which he has applied.
    29         (2)  Verification under section 9112.1(a) (relating to
    30     mandatory determination of citizenship and immigration
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     1     status) that an applicant is unlawfully present in the United
     2     States may be considered by the employer.
     3     (c)  Notice.--The employer shall notify in writing the
     4  applicant if the decision not to hire the applicant is based in
     5  whole or in part on criminal history record information.
     6     Section 4.  This act shall take effect in 60 days.
















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