1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for official
3oppression.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5301 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 5301. Official oppression.

9(a) General rule.--A person acting or purporting to act in
10an official capacity or taking advantage of such actual or
11purported capacity commits a misdemeanor of the second degree
12if, knowing that his conduct is illegal, he:

13(1) subjects another to arrest, detention, search,
14seizure, mistreatment, dispossession, assessment, lien or
15other infringement of personal or property rights; or

16(2) denies or impedes another in the exercise or
17enjoyment of any right, privilege, power or immunity.

18(b) Prohibited conduct.--In addition to other conduct that
19is prohibited within the meaning of subsection (a), it shall

1specifically be deemed a violation of subsection (a) to take any
2action listed in subsection (a):

3(1) for the purpose of detecting, investigating or
4apprehending a person whose only violation of the law is that
5the person is of foreign citizenship and present in the
6United States in violation of Federal immigration laws; or

7(2) based on race, national origin, ethnicity or
8perceived ethnicity, except when seeking to apprehend a
9specific suspect whose race, national origin or ethnicity is
10part of the description of the suspect.

11(c) Information sharing.--This section may not prevent a law
12enforcement officer from exchanging with the United States
13Bureau of Immigration and Customs Enforcement, the United States
14Bureau of Citizenship and Immigration Services or the United
15States Bureau of Customs and Border Protection any relevant
16immigration information the officer obtained collateral to an
17arrest or investigation that was not conducted in violation of
18subsection (b) of any criminal offense if the information
19sharing is authorized by the laws of this Commonwealth.

20Section 2. This act shall take effect in 60 days.