THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY LEACH AND KITCHEN, FEBRUARY 7, 2011
REFERRED TO JUDICIARY, FEBRUARY 7, 2011
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for official
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5301 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5301. Official oppression.
(a) General rule.--A person acting or purporting to act in
an official capacity or taking advantage of such actual or
purported capacity commits a misdemeanor of the second degree
if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search,
seizure, mistreatment, dispossession, assessment, lien or
other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or
enjoyment of any right, privilege, power or immunity.
(b) Prohibited conduct.--In addition to other conduct that
is prohibited within the meaning of subsection (a), it shall
specifically be deemed a violation of subsection (a) to take any
action listed in subsection (a):
(1) for the purpose of detecting, investigating or
apprehending a person whose only violation of the law is that
the person is of foreign citizenship and present in the
United States in violation of Federal immigration laws; or
(2) based on race, national origin, ethnicity or
perceived ethnicity, except when seeking to apprehend a
specific suspect whose race, national origin or ethnicity is
part of the description of the suspect.
(c) Information sharing.--This section shall not prevent a
law enforcement officer from exchanging with the United States
Bureau of Immigration and Customs Enforcement, the United States
Bureau of Citizenship and Immigration Services or the United
States Bureau of Customs and Border Protection any relevant
immigration information the officer obtained collateral to an
arrest or investigation that was not conducted in violation of
subsection (b) of any criminal offense if the information
sharing is authorized by the laws of this Commonwealth.
Section 2. This act shall take effect in 60 days.