PRINTER'S NO. 4219
No. 2760 Session of 2006
INTRODUCED BY METCALFE, CREIGHTON, BALDWIN, BARRAR, BASTIAN,
BELFANTI, BENNINGHOFF, BIRMELIN, BOYD, CALTAGIRONE, CAUSER,
CLYMER, CRAHALLA, DeLUCA, DENLINGER, DIVEN, FLAHERTY,
FORCIER, GABIG, GEIST, GOOD, GRELL, GRUCELA, HARRIS,
HICKERNELL, HUTCHINSON, M. KELLER, KENNEY, MAHER, MILLARD,
MUSTIO, NAILOR, PYLE, QUIGLEY, RAPP, REED, REICHLEY, ROHRER,
SATHER, SCHRODER, SOLOBAY, SONNEY, R. STEVENSON, SURRA, TRUE,
TURZAI, WOJNAROSKI, WRIGHT AND YEWCIC, JUNE 14, 2006
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for employing illegal
3 aliens.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7331. Employing illegal aliens.
9 (a) General rule.--An employer who knowingly or
10 intentionally employs an illegal alien commits a felony of the
11 third degree.
12 (b) Enforcement.--
13 (1) The district attorneys of the several counties shall
14 have authority to investigate and institute criminal
15 proceedings for any violation of this section.
1 (2) In addition to the authority conferred upon the
2 Attorney General by the act of October 15, 1980 (P.L.950,
3 No.164), known as the Commonwealth Attorneys Act, the
4 Attorney General shall have the authority to investigate and
5 to institute criminal proceedings for a violation of this
6 section or any series of such violations involving more than
7 one county of the Commonwealth or involving any county of the
8 Commonwealth and another state. No person charged with a
9 violation of this section by the Attorney General shall have
10 standing to challenge the authority of the Attorney General
11 to investigate or prosecute the case and, if any such
12 challenge is made, the challenge shall be dismissed and no
13 relief shall be available in the courts of this Commonwealth
14 to the person making the challenge.
15 (c) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Employer." Any individual or person, or the person
19 responsible for the employment decisions of:
20 (1) a partnership;
21 (2) an association;
22 (3) a limited liability company;
23 (4) a corporation;
24 (5) a nonprofit corporation;
25 (6) the Commonwealth;
26 (7) any political subdivision of the Commonwealth; or
27 (8) any agency, authority, board or commission created
28 by the Commonwealth or a political subdivision.
29 "Illegal alien." A noncitizen of the United States who is
30 violating Federal immigration laws and is providing compensated
20060H2760B4219 - 2 -
1 labor within this Commonwealth.
2 Section 2. This act shall take effect in 60 days.
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