THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY METCALFE, CHRISTIANA, EVERETT, GEIST, GOODMAN, GROVE, HESS, HUTCHINSON, KAUFFMAN, M. KELLER, KNOWLES, KORTZ, MARSHALL, METZGAR, SEIP, MILLER, O'NEILL, PYLE, RAPP, READSHAW, ROAE, ROCK, SOLOBAY, STEVENSON, SWANGER, TALLMAN AND VULAKOVICH, MAY 5, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2010  

AN ACT

Relating to support for law enforcement authorities and safe

neighborhoods.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Support Our

Law Enforcement and Safe Neighborhoods Act.

Section 2.  Legislative intent.

The General Assembly finds and declares as follows:

(1)  Illegal immigration is causing economic hardship and

lawlessness in this Commonwealth.

(2)  Illegal immigration is encouraged when public

agencies within this Commonwealth provide public benefits

without verifying immigration status.

(3)  There is a compelling interest in the cooperative

enforcement of Federal immigration laws throughout all of

this Commonwealth.  

(4)  The intent of this act is to make attrition through

enforcement the public policy of all agencies of this

Commonwealth and its political subdivisions. 

(5)  The provisions of this act are intended to work

together to discourage and deter the unlawful entry, presence

and economic activity, by persons unlawfully present in the

United States.

(6)  The provisions of this act shall be enforced without

regard to race, religion, gender, ethnicity or national

origin.

Section 3.  Construction.

The terms of this act regarding immigration shall be

construed to have the meanings given to them under Federal

immigration law, and the provisions of this act shall be

implemented in a manner consistent with Federal laws regulating

immigration while protecting the civil rights of all persons and

respecting the privileges and immunities of United States

citizens.

Section 4.  Public benefits.

The following shall apply:

(1)  Except as provided in paragraph (2) or where

exempted by Federal law, every agency or political

subdivision of this Commonwealth shall verify the lawful

presence in the United States of any natural person 18 years

of age or older who has applied for Federal public benefits,

State public benefits or local public benefits, as defined in

the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.

2105), that are administered by an agency or a political

subdivision of this Commonwealth.

(2)  Verification of lawful presence under the provisions

of this section shall not be required for:

(i)  Assistance for health care items and services

that are necessary for the treatment of an emergency

medical condition of the alien involved and are not

related to an organ transplant procedure.

(ii)  Short-term, noncash, in-kind emergency disaster

relief.

(iii)  Public health assistance for immunizations

with respect to diseases and for testing and treatment of

symptoms of communicable diseases whether or not such

symptoms are caused by a communicable disease.

(iv)  Programs, services or assistance such as soup

kitchens, crisis counseling and intervention, and short-

term shelter specified by the Attorney General of the

United States, in the sole and unreviewable discretion of

the Attorney General of the United States after

consultation with appropriate federal agencies and

departments, which:

(A)  deliver in-kind services at the community

level, including through public or private nonprofit

agencies;

(B)  do not condition the provision of

assistance, the amount of assistance provided or the

cost of assistance provided on the income or

resources of the individual recipient; and

(C)  are necessary for the protection of life or

safety.

(3)  Verification of lawful presence in the United States

by the agency or political subdivision required to make such

verification shall require that the applicant execute an

affidavit under penalty of perjury that the applicant is a:

(i)  United States citizen; or

(ii)  qualified alien under the Immigration and

Nationality Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.)

and is lawfully present in the United States.

(4)  For any applicant who has executed the affidavit

described in paragraph (3)(ii), eligibility for benefits

shall be made through the Systematic Alien Verification of

Entitlement program operated by the United States Department

of Homeland Security or a successor program designated by the

United States Department of Homeland Security. Until such

eligibility verification is made, the affidavit may be

presumed to be proof of lawful presence for the purposes of

this section.

(5)  Any person who knowingly and willfully makes a

false, fictitious or fraudulent statement of representation

in an affidavit executed under paragraph (3) commits a

misdemeanor of the second degree. If the affidavit

constitutes a false claim of United States citizenship under

18 U.S.C. § 911 (relating to citizen of the United States), a

complaint shall be filed by the agency requiring the

affidavit with the United States attorney for the Federal

judicial district in which the agency is located.

(6)  Agencies or political subdivisions of this

Commonwealth may adopt variations to the requirements of the

provisions of this section which demonstrably improve the

efficiency or reduce delay in the verification process, or to

provide for adjudication of unique individual circumstances

where the verification procedures in this section would

impose unusual hardship on a legal resident of this

Commonwealth.

(7)  It shall be unlawful for an agency or political

subdivision of this Commonwealth to provide any Federal

benefit, State benefit or local benefit, as defined in the

Personal Responsibility and Work Opportunity Reconciliation

Act of 1996, in violation of this section.

Section 5.  Full enforcement of immigration laws required.

The following shall apply:

(1)  No official or agency of the Commonwealth or other

political subdivision shall adopt a policy that limits or

restricts enforcement of Federal immigration laws to less

than the full extent permitted by Federal law.

(2)  When a law enforcement officer has lawfully stopped,

detained or arrested, for a violation of a law of this

Commonwealth or any political subdivision, a person who is or

should reasonably be suspected of being unlawfully present in

the United States, a complete, full and appropriate attempt

shall be made to verify the person's immigration status with

the Federal Government. The person's immigration status shall

be verified through a query to the appropriate entity of the

Federal Government under section 642 of the Omnibus

Consolidated Appropriations Act, 1977 (Public Law 104-208, 8

U.S.C. § 1373(c)). For the purposes of this paragraph, a

person is presumed not to be an alien who is unlawfully

present in the United States if the person provides to the

law enforcement officer or agency any of the following:

(i)  A valid Pennsylvania driver's license.

(ii)  A valid identification card issued by the

Department of Transportation.

(iii)  Any other valid identification document with a

photograph of the bearer issued by a Federal, State or

local government agency which has verified the lawful

presence of the bearer as a condition of issuance. 

(3)  If an alien, who is unlawfully present in the United

States, is convicted of a violation of State or local law,

upon discharge from imprisonment or assessment of any fine

that is imposed, the alien shall be transferred immediately

to the custody of the United States Immigration and Customs

Enforcement or the United States Customs and Border

Protection.

(4)  Notwithstanding any other law, a law enforcement

agency may securely transport an alien who is unlawfully

present in the United States and who is in the agency's

custody to a Federal facility in this Commonwealth or any

other point of transfer into Federal custody that is outside

the jurisdiction of the law enforcement agency. If the point

of transfer is located outside of this Commonwealth, the

arrested person first shall be served with a copy of a

detainer request issued by a Federal immigration officer or a

record of judicial authorization for the transfer.

(5)  A law enforcement officer, with or without a

warrant, may arrest a person if the officer has probable

cause to believe that the person has committed a public

offense that makes the person removable from the United

States.

(6)  Except as provided in Federal law, officials or

agencies of the Commonwealth and any political subdivision

shall not be prohibited or in any way restricted from

sending, receiving or maintaining information relating to the

immigration status of any individual or exchanging that

information with any other Federal, State or local

governmental entity for the following official purposes:

(i)  The investigation, adjudication or prosecution

of a criminal or civil offense.

(ii)  Determining eligibility for any public benefit,

service or license provided by the Federal Government,

any State government, or any political subdivision of a

state government. 

(iii)  Verifying a claim of residence or domicile if

determination of residence or domicile is required under

the laws of this Commonwealth or a judicial order issued

pursuant to a civil or criminal proceeding in this

Commonwealth.

(iv)  Confirming the identity of any person who is

detained.

(v)  If the person is an alien, determining whether

the person is in compliance with the Federal registration

laws.

(7)  A person may challenge in court any official or

agency of the Commonwealth or any political subdivision that

adopts or implements a policy limiting or restricting

enforcement of Federal immigration laws to less than the full

extent permitted by Federal law. If there is a judicial

finding that an official or agency of the Commonwealth or any

political subdivision has violated this section, the court

may order any of the following:

(i)  That the person who brought the action recover

court costs and attorney fees.

(ii)  That the official or agency of the Commonwealth

or any political subdivision pay a civil penalty of not

less than $1,000 and not more than $5,000 to the

Commonwealth for each day beyond the seventh day that the

policy remains in effect after service of notice on the

agency of the filing of an action under this paragraph.

(8)  A law enforcement officer shall be indemnified by

the officer's agency against reasonable costs and expenses,

including attorney fees, incurred in connection with an

action or proceeding under this section to which the officer

may become a party by reason of being or having been a member

of the law enforcement agency, except in relation to matters

in which the officer is adjudged to have acted in bad faith.

(9)  This section shall be implemented in a manner

consistent with Federal laws regulating immigration,

protecting the civil rights of all persons and respecting the

privileges and immunities of United States citizens.

Section 6.  Failure to complete or carry an alien registration

document; assessment.

(a)  Offense defined.--Except as provided in subsection (e),

and in addition to any violation of Federal law, a person who

willfully fails to apply for alien registration or to carry an

alien registration document in violation of section 264(e) or

266(a) of the Immigration Nationality Act (66 Stat. 175, 8

U.S.C. § 1304(e) or 1306(a)) commits a misdemeanor of the third

degree. In addition to any other penalty prescribed by law, the

court shall order the offender to pay jail costs and an

additional assessment of $500 for a first violation and $1,000

for a second or subsequent offense.

(b)  Determination of immigrant status.--In enforcing this

section, the final determination of an alien's immigration

status shall be made by:

(1)  a law enforcement officer who is authorized by the

Federal Government to verify or ascertain an alien's

immigration status; or

(2)  a law enforcement officer or agency communicating

with the United States Immigration and Customs Enforcement or

the United States Customs and Border Protection.

(c)  Inapplicability.--This section shall not apply to a

person who maintains authorization from the Federal Government

to remain in the United States.

(d)  Admissibility of records.--Any record that relates to

the immigration status of a person is admissible in any court

without further foundation or testimony from a custodian of

records if the record is certified as authentic by the

government agency that is responsible for maintaining the

record.

(e)  Enhanced offense.--A violation of this section is a

misdemeanor of the first degree if the person violates this

section while in possession of a controlled substance, a deadly

weapon or property used for the purpose of committing an act of

terrorism.

Section 7.  Smuggling of human beings.

(a)  General rule.--A person who intentionally engages in the

smuggling of human beings for profit or other commercial purpose

commits a felony of the third degree.

(b)  Lawful stop.--Notwithstanding any other law, a law

enforcement officer engaged in enforcement of this section may

lawfully stop a person who is operating a motor vehicle if the

officer has reasonable suspicion to believe that the person is

in violation of any provision of 75 Pa.C.S. (relating to

vehicles).

(c)  Definition.--For purposes of this section, "smuggling of

human beings" shall mean transportation, procurement of

transportation or use of property or real property by a person

or an entity knowing, or having reason to know, that the person

or persons transported or to be transported are unlawfully

present in the United States in violation of law.

Section 8.  Employment of unauthorized aliens prohibited.

(a)  General rule.--On and after January 1, 2011, an employer

shall not intentionally or knowingly employ an unauthorized

alien. A violation of this section occurs if an employer:

(1)  uses a contract, subcontract or other independent

contractor agreement to obtain labor of an alien in this

Commonwealth; or

(2)  contracts with an unauthorized alien, or a person

who employs or contracts with an unauthorized alien, to

perform labor in this Commonwealth.

(b)  Complaint form.--Any person may report a violation of

this section to the district attorney of the county in which the

employer conducts business or in which it is alleged that the

employer employs an unauthorized alien. Upon receipt of a

reported violation, the district attorney shall conduct such

investigation as he or she shall determine to be warranted under

the circumstances. Nothing in this subsection shall be construed

to prohibit the filing of anonymous complaints or to constrain

or discourage any person from reporting a violation of this

section. When investigating a complaint, the district attorney

shall verify the work authorization of the alleged unauthorized

alien with the Federal Government under section 642 of the

Omnibus Consolidated Appropriations Act, 1977 (Public Law

104-208, 8 U.S.C. § 1373(c)), and no State or local official

shall attempt to determine independently whether an alien is

authorized to work in the United States.

(c)  False report.--A person who knowingly makes a false

report under this section commits a misdemeanor of the third

degree.

(d)  Determination of violation.--If after an investigation

the district attorney determines that a violation of this

section has occurred, the district attorney shall notify United

States Immigration and Customs Enforcement of the unauthorized

alien and bring an action under subsection (e).

(e)  Action.--An action for a violation of this section shall

be brought against the employer by the district attorney.

(f)  Penalty.--Upon finding a violation of this section:

(1)  For a first violation, the court shall order the

employer to:

(i)  terminate the employment of all unauthorized

aliens;

(ii)  undergo a three-year probationary period, or a

five-year probationary period in the case of an

intentional violation, with regard to the business

location where the unauthorized alien performed work.

During the probationary period, the employer shall file

quarterly reports with the district attorney listing each

new employee hired at the business location where the

unauthorized alien performed work; and

(iii)  file, within three business days, a signed

sworn affidavit with the district attorney affirming that

the employer has terminated employment of all

unauthorized aliens known to have been employed by the

employer in this Commonwealth and will refrain in the

future from intentionally or knowingly employing

unauthorized aliens in this Commonwealth. Upon failure to

timely file the affidavit, the court shall order

suspension of all licenses possessed by the employer and

issued by the Commonwealth or any governmental

subdivision thereof until such time as the affidavit has

been duly filed. Upon receipt of the court's order,

notwithstanding any other law, the appropriate

governmental agencies shall suspend the licenses in

accordance with the court's order.

(2)  For a second or subsequent violation, the court

shall impose a license suspension of 30 days, unless the

employer is found to have employed six or more unauthorized

aliens, in which case the court shall order permanent

revocation of all licenses held by the employer and specific

to the business location where the unauthorized alien

performed work. If the employer does not hold a license

specific to the business location where the unauthorized

alien performed work, but a license is necessary to operate

the employer's business in general, the court shall order the

appropriate agencies to permanently revoke all licenses that

are held by the employer at the employer's primary place of

business. Upon receipt of the court's order, and

notwithstanding any other law, the appropriate agencies shall

immediately revoke the licenses.

Section 9.  Employment or contracting by unauthorized aliens

prohibited.

(a)  General rule.--It shall be unlawful for a person who is

unlawfully present in the United States and is an unauthorized

alien to knowingly apply for work, solicit work in a public

place or perform work as an employee or independent contractor

in this Commonwealth.

(b)  Misdemeanor.--A violation of this section is a

misdemeanor of the third degree.

(c)  Definitions.--For the purposes of this section, the

following terms shall have the meanings given to them in this

subsection:

"Solicit."  Verbally communicate, or nonverbally communicate

by means of a gesture or a nod, in a manner that would indicate

to a reasonable person that a person is willing to be employed.

"Unauthorized alien."  An alien who does not have the legal

right or authorization under Federal law to work in the United

States. 

Section 10.  Verification of legal status.

(a)  General rule.--No later than 60 days after the effective

date of this section, every employer in this Commonwealth shall:

(1)  register with and participate in the e-verify

program;

(2)  upon hiring an employee, verify employment

eligibility of the employee through the e-verify program; and

(3)  keep a record of the e-verify program result for the

duration of the employee's employment or for a minimum of

three years, whichever is longer.

(b)  Penalty.--An employer that violates the provisions of

this section shall be ineligible to receive economic development

incentives from the State or local government. Upon application

for and before receiving economic development incentives, an

employer shall be required to provide to the government entity

offering the incentive proof that the employer is in compliance

with the provisions of this section. If the government entity

determines that the employer is in violation of this section, it

shall notify the employer by certified mail of the determination

of noncompliance, and the employer shall repay all moneys

received as economic development incentives within 30 days of

the determination.

(c)  Definition.--For purposes of this section, "e-verify

program" means the Internet-based system operated by the United

States Department of Homeland Security in partnership with the

Social Security Administration that allows an employer, using

information reported on an employee's Form I-9, Employment

Eligibility Verification, to determine eligibility of that

employee to work in the United States.

Section 11.  Immobilization or towing and storage of vehicle.

(a)  General rule.--Subject to subsection (d), a law

enforcement officer shall immobilize any vehicle or combination

or, in the interest of public safety, direct that the vehicle be

towed and stored by the appropriate towing and storage agent

under subsection (c), and the appropriate judicial authority

shall be so notified, if the law enforcement officer determines

that a person is driving the vehicle or combination for any

financial gain or commercial purpose while the person is:

(1)  illegally present in the United States; or

(2)  transporting, moving, concealing, harboring,

shielding or attempting to transport, move, conceal, harbor

or shield an alien in this Commonwealth in a vehicle under

circumstances where the person knows or recklessly disregards

the fact that the alien has come to, has entered or remains

in the United States in violation of law.  

(b)  Procedure upon immobilization.--The following shall

apply:

(1)  When a vehicle is immobilized under subsection (a),

the operator of the vehicle may appear before the appropriate

judicial authority within 24 hours from the time the vehicle

was immobilized. The appropriate judicial authority may issue

a certificate of release upon:

(i)  the furnishing of proof of the operator's legal

presence in the United States;

(ii)  the furnishing of proof of the operator's

ownership or other right to take possession of the

vehicle; and

(iii)  payment of all fines, costs and fees

associated with the immobilization of the vehicle.

(2)  When a vehicle is immobilized under subsection (a),

the owner of the vehicle may appear before the appropriate

judicial authority within 24 hours from the time the vehicle

was immobilized. The appropriate judicial authority may issue

a certificate of release upon:

(i)  the furnishing of proof of the owner's legal

presence in the United States;

(ii)  the furnishing of proof of ownership of the

vehicle; and

(iii)  either payment of all fines, costs and fees

associated with the immobilization of the vehicle or

proof that the vehicle was, at time of immobilization,

driven without the owner's permission.

(3)  If a certification of release is not obtained within

24 hours from the time the vehicle was immobilized, the

vehicle shall be towed and stored by the appropriate towing

and storage agent under subsection (c).

(c)  Procedure upon towing and storage.--The following is the

procedure to be followed upon towing and storage of a vehicle

under this section:

(1)  Except as provided in paragraph (2), the following

steps shall be taken:

(i)  The appropriate judicial authority shall notify

the appropriate law enforcement officer of the county in

which the violation occurred.

(ii)  The officer notified under subparagraph (i)

shall notify the appropriate towing and storage agent to

tow and store the vehicle or combination and provide

notice by the most expeditious means and by first class

mail, proof of service, of the towing, storage and

location of the vehicle or combination to the owner of

the vehicle or combination and any lienholder and, if

applicable, the owner of the load, if the names and

addresses of the owner and any lienholder are known or

can be ascertained by investigation.

(2)  In a city of the first class, the following steps

shall be taken:

(i)  The appropriate judicial authority or

appropriate law enforcement officer shall notify the

appropriate towing and storage agent.

(ii)  The appropriate towing and storage agent shall

tow and store the vehicle or combination and provide

notice by first class mail, proof of mailing, of the

towing, storage and location of the vehicle or

combination to the owner and the lienholder of the

vehicle or combination using a reasonably available State

database.

(d)  Recovery of towed and stored vehicle.—The following

shall apply:

(1)  The owner or lienholder of any vehicle or

combination which has been towed and stored under this

section may obtain possession of the vehicle or combination

by appearing before the appropriate judicial authority. The

appropriate judicial authority may issue an order for the

release of the towed and stored vehicle upon:

(i)  the furnishing of proof of the owner's or

lienholder's legal presence in the United States;

(ii)  the furnishing of proof of ownership of or

interest in the vehicle; and

(iii)  either payment of all fines, costs and fees

associated with the immobilization of the vehicle or

proof that the vehicle was, at time of immobilization,

driven without the owner's or lienholder's permission.

(2)  In cities of the first class, the appropriate

judicial authority shall not issue an order for the release

of any vehicle towed and stored under this section until

provisions are made for payment of all fines and penalties

associated with violations of any local parking regulation or

ordinance or applicable section of Title 75 (relating to

vehicles).

(3)  Any vehicle not recovered under this subsection may

be sold as an unclaimed vehicle, combination or load under 75

Pa.C.S. § 6310 (relating to disposition of impounded

vehicles, combinations and loads). The proceeds of the sale

shall be applied to the payment of the fines, costs and fees

associated with the towing and storage of the vehicle.

(e)  Recovery of load.--The owner of any load on an

immobilized or towed and stored vehicle may repossess the load

as provided in 75 Pa.C.S. § 6310. 

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Appropriate judicial authority."  In counties of the first

class, the Philadelphia Traffic Court. In all other counties,

the magisterial district judge in whose district the violation

occurred.

"Appropriate towing and storage agent."  In counties of the

first class, the Philadelphia Parking Authority or its

authorized agent. In other municipalities, a towing and storage

agent designated by local ordinance.

Section 12.  Severability.

If a provision of this act or its application to any person

or circumstance is held invalid, the invalidity does not affect

other provisions or applications of the act that can be given

effect without the invalid provision or application, and to this

end the provisions of this act are severable.

Section 13.  Effective date.

This act shall take effect in 60 days.