THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CREIGHTON, METCALFE, BAKER, BOBACK, BOYD, D. COSTA, DeLUCA, EVERETT, FLECK, GABLER, GEIST, GILLEN, GINGRICH, GOODMAN, GROVE, HARHAI, HARHART, HARRIS, HICKERNELL, HUTCHINSON, KAUFFMAN, KNOWLES, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, O'NEILL, PERRY, PETRI, PYLE, READSHAW, ROCK, SWANGER,  TAYLOR, VULAKOVICH, FARRY, COX, SCHRODER, GILLESPIE, MURT, STEPHENS, HEFFLEY, MALONEY, DAY AND TOBASH, FEBRUARY 23, 2011

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2011   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in criminal history record

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information, further providing for definitions; and providing

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for mandatory determination of citizenship and immigration

status; and further providing for use of records by licensing

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agencies and for use of records for employment.

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 or immigration status, 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).

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

§ 9112.1.  Mandatory determination of citizenship and

immigration status.

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

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citizenship and immigration status of all persons arrested for a

felony, misdemeanor or summary offense regardless of the

person's national origin, ethnicity or race, if the inquiry does

not significantly expand the duration of the detention. If a

person cannot demonstrate that the person is a citizen or

national of the United States, the law enforcement agent shall

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

Illegal Immigration Reform and Immigrant Responsibility Act of

1996 (Public Law 104-208, 8 U.S.C. § 1373), whether the person

is an alien, and if so, whether the alien is lawfully or

unlawfully present in the United States. The following

information shall be forwarded to, and in a manner and such 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 aliens in violation of Federal law. If an alien 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 alien

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

(c)  Authorization.--Pursuant to 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, 8 U.S.C. §

1644), 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 the citizenship and immigration status of all persons

arrested for a felony, misdemeanor or summary offense 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.  Sections 9124 and 9125 of Title 18 are amended to

read:

§ 9124.  Use of records by licensing agencies.

(a)  State agencies.--Except as provided by this chapter, a

board, commission or department of the Commonwealth, when

determining eligibility for licensing, certification,

registration or permission to engage in a trade, profession or

occupation, may consider [convictions] any of the following:

(1)  Convictions of the applicant of crimes but the

convictions shall not preclude the issuance of a license,

certificate, registration or permit.

(2)  A verification under section 9112.1(a) (relating to

mandatory determination of citizenship and immigration

status) that an applicant is unlawfully present in the United

States.

(b)  Prohibited use of information.--The following

information shall not be used in consideration of an application

for a license, certificate, registration or permit:

(1)  Records of arrest if there is no conviction of a

crime based on the arrest.

(2)  Convictions which have been annulled or expunged.

(3)  Convictions of a summary offense.

(4)  Convictions for which the individual has received a

pardon from the Governor.

(5)  Convictions which do not relate to the applicant's

suitability for the license, certificate, registration or

permit.

(c)  State action authorized.--Boards, commissions or

departments of the Commonwealth authorized to license, certify,

register or permit the practice of trades, occupations or

professions may refuse to grant or renew, or may suspend or

revoke any license, certificate, registration or permit for the

following causes:

(1)  Where the applicant has been convicted of a felony.

(2)  Where the applicant has been convicted of a

misdemeanor which relates to the trade, occupation or

profession for which the license, certificate, registration

or permit is sought.

(3)  Where it has been verified under section 9112.1(a)

that an applicant is unlawfully present in the United States.

(d)  Notice.--The board, commission or department shall

notify the individual in writing of the reasons for a decision

which prohibits the applicant from practicing the trade,

occupation or profession if such decision is based in whole or

part on [conviction] any of the following:

(1)  Conviction of any crime.

(2)  A verification under section 9112.1(a) that an

applicant is unlawfully present in the United States.

§ 9125.  Use of records for employment.

(a)  General rule.--Whenever an employer is in receipt of

information which is part of an employment applicant's criminal

history record information file, it may use that information for

the purpose of deciding whether or not to hire the applicant,

only in accordance with this section.

(b)  Use of information.--

(1)  Felony and misdemeanor convictions may be considered

by the employer only to the extent to which they relate to

the applicant's suitability for employment in the position

for which he has applied.

(2)  Verification under section 9112.1(a) (relating to

mandatory determination of citizenship and immigration

status) that an applicant is unlawfully present in the United

States may be considered by the employer.

(c)  Notice.--The employer shall notify in writing the

applicant if the decision not to hire the applicant is based in

whole or in part on criminal history record information.

Section 4.  This act shall take effect in 60 days.

(a)  Inquiry.--An arresting authority shall question each 

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individual arrested for a felony, misdemeanor or summary offense

about the individual's citizenship and immigration status,

regardless of the individual's national origin, ethnicity or

race.

(b)  Documentation.--An arresting authority shall document

all responses under subsection (a) in the subsequent police

report.

(c)  Authorization.--An arresting authority and an employee,

officer or official of an arresting authority may not, by

ordinance or official or informal policy of a city or county or

by an official policy or informal policy of a State law

enforcement agency, be prohibited or restricted from doing any

of the following:

(1)  Sending to or receiving from Federal immigration

officials information regarding the citizenship or

immigration status, lawful or unlawful, of an individual.

(2)  Doing any of the following with respect to

information regarding the immigration status, lawful or

unlawful, of an individual:

(i)  Maintaining the information.

(ii)  Exchanging the information with other Federal

agencies, Commonwealth agencies or municipalities.

(3)  Inquiring about an individual's name, date and place

of birth and immigration status.

(d)  Uniform crime reporting.--Statistical information

concerning the citizenship and immigration status of each

individual arrested for a felony, misdemeanor or summary offense

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.