PRINTER'S NO.  1051

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

891

Session of

2011

  

  

INTRODUCED BY McILHINNEY, RAFFERTY, FOLMER, GREENLEAF, BAKER, EICHELBERGER, WAUGH, D. WHITE, VOGEL, ALLOWAY, BREWSTER, MENSCH AND TOMLINSON, APRIL 13, 2011

  

  

REFERRED TO STATE GOVERNMENT, APRIL 13, 2011  

  

  

  

AN ACT

  

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Amending Title 44 (Law and Justice) of the Pennsylvania

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Consolidated Statutes, providing for verification of

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nationality and immigration status.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 44 of the Pennsylvania Consolidated

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Statutes is amended by adding a part to read:

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PART V

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LAW ENFORCEMENT

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Chapter

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81.  Preliminary Provisions (Reserved)

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83.  Immigration

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CHAPTER 81

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PRELIMINARY PROVISIONS

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(Reserved)

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CHAPTER 83

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IMMIGRATION

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Sec.

 


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8301.  Definitions.

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8302.  Verification.

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§ 8301.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Arresting agency."  Any of the following law enforcement

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agencies that arrested the person whose status is being

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verified:

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(1)  The Pennsylvania State Police.

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(2)  A local law enforcement agency.

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§ 8302.  Verification.

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(a)  Duties.--If verification of the nationality or lawful

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immigration status of any person who is charged and confined to

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jail for any period of time cannot be made from documents in the

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possession of the prisoner or after a reasonable effort on the

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part of the arresting agency to determine the nationality or

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immigration status of the person so confined, verification shall

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be made by the arresting agency within 48 hours through a query

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to the Law Enforcement Support Center (LESC) of the United

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States Department of Homeland Security or other office or agency

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designated for that purpose by the United States Department of

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Homeland Security. If it is determined that the prisoner is in

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the United States unlawfully, the arresting agency shall notify

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the United States Department of Homeland Security.

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(b)  Construction.--Nothing in this section shall be

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construed to deny any person bond or prevent a person from being

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released from confinement if such person is otherwise eligible

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for release.

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Section 2.  This act shall take effect in 60 days.

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