THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, RAFFERTY, ALLOWAY, WARD, ERICKSON, WAUGH, FOLMER, BAKER, KASUNIC, PIPPY, VOGEL, BROWNE, EARLL, D. WHITE, WOZNIAK AND SCARNATI, MAY 11, 2009

REFERRED TO JUDICIARY, MAY 11, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for definitions; and

providing for mandatory determination and reporting of

citizenship and immigration status.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "criminal history record

information" in section 9102 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 9102.  Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

* * *

"Criminal history record information."  Information collected

by criminal justice agencies concerning individuals, and arising

from the initiation of a criminal proceeding, consisting of

identifiable descriptions, dates and notations of arrests,

indictments, citizenship and immigration status under section

9112.1 (relating to mandatory determination of citizenship and

immigration status of certain arrestees), informations or other

formal criminal charges and any dispositions arising therefrom.

The term does not include intelligence information,

investigative information or treatment information, including

medical and psychological information, or information and

records specified in section 9104 (relating to scope).

* * *

Section 2.  Title 18 is amended by adding a section to read:

§ 9112.1.  Mandatory determination of citizenship and

immigration status of certain arrestees.

(a)  Inquiry.--An arresting authority shall inquire into the

citizenship and immigration status of any person arrested for a

felony or any offense involving violence or a minor.

Verification of immigration status shall be done without regard

to the person's national origin, ethnicity or race. If the

person cannot demonstrate that he or she is a citizen or is

legally in the United States, the arresting authority shall

verify with the Federal Government, under section 642(c) of the

Illegal Immigration Reform and Immigrant Responsibility Act of

1996 (Division C of the act of September 30, 1996 Public Law

104-208, 110 Stat. 3009-707), the person's citizenship or

immigration status. The following information shall be forwarded

to, in a manner and form as provided by, the central repository:

(1)  the determination of citizenship or immigration

status; or

(2)  the inability to determine citizenship or

immigration status in cases where the determination would

significantly expand the duration of the detention.

(b)  Cooperation with Federal immigration authorities.--An

arresting authority shall fully comply with and, to the full

extent permitted by law, support the enforcement of Federal law

prohibiting the entry into, presence or residence in the United

States of persons in violation of Federal law. If the person is

verified to be unlawfully present in the United States under

subsection (a), the arresting authority shall cooperate with any

request by Federal immigration authorities to detain the person

or transfer the person to the custody of the Federal Government.

(c)  Authorization.--Under section 642 of the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996 and

section 434 of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105),

no arresting authority agencies may be prohibited or in any way

restricted from sending, receiving or maintaining information

regarding the immigration status, lawful or unlawful, of any

individual or exchanging the information with any other Federal,

State or local government entity. No city, county or State law

enforcement agency may by ordinance, official policy or informal

policy prevent its officers from asking individuals their

citizenship or immigration status.

(d)  Uniform crime reporting.--Statistical information

concerning citizenship and immigration status under this section

shall be included in the Pennsylvania Uniform Crime Reporting

Program and published in any annual report under the act of

November 29, 2004 (P.L.1383, No.180), known as the Uniform Crime

Reporting Act.

Section 3.  This act shall take effect in 60 days.