THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY REICHLEY, DAY, GEIST, GOODMAN, GROVE, HAHN, HARHART, HORNAMAN, HUTCHINSON, KNOWLES, LONGIETTI, METZGAR, MILLER, MURT, READSHAW, ROAE, ROCK, SCHRODER, SWANGER, TALLMAN AND VULAKOVICH, FEBRUARY 8, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for sentences
for offenses committed by illegal aliens.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9719.2. Sentences for offenses committed by illegal aliens.
(a) Mandatory sentence.--Notwithstanding any other provision
of law to the contrary, a person who is convicted in any court
of this Commonwealth of a crime graded as a felony or
misdemeanor and who is present in the United States unlawfully
shall, in addition to any other punishment imposed, be sentenced
to an additional term of imprisonment as set forth in this
(1) When the violation is graded as a misdemeanor, the
person shall be sentenced to an additional three to six
(2) When the violation is graded as a felony, the person
shall be sentenced to an additional 12 to 24 months'
(1) After conviction, but before sentencing, a hearing
to determine whether the person is present in the United
States unlawfully shall be scheduled upon notice filed by the
district attorney. The district attorney upon filing notice
shall serve a copy of the notice upon defense counsel.
(2) The person and district attorney shall be given
notice of the hearing and an opportunity to be heard, the
right to call witnesses, the right to call expert witnesses
and the right to cross-examine witnesses. In addition, the
person shall have the right to counsel and to have a lawyer
appointed to represent him if he cannot afford one.
(3) At the hearing prior to sentencing, the court shall
determine whether the Commonwealth has proved by clear and
convincing evidence that the person is present in the United
(c) Authority of court in sentencing.--If the Commonwealth
proves by clear and convincing evidence that the person is in
the United States unlawfully in accordance with subsection (b),
there shall be no authority in any court to impose on an
offender to which this section is applicable any lesser sentence
than provided for in subsection (a) or to place such offender on
probation or to suspend sentence. Nothing in this section shall
prevent the sentencing court from imposing a sentence greater
than that provided in this section. Sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing shall
not supersede the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
Section 2. This act shall take effect in 60 days.