THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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  

AN ACT

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

subsection:

(1)  When the violation is graded as a misdemeanor, the

person shall be sentenced to an additional three to six

months' imprisonment.

(2)  When the violation is graded as a felony, the person

shall be sentenced to an additional 12 to 24 months'

imprisonment.

(b)  Hearing.--

(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

States unlawfully.

(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.