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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | June 1, 2023 12:09 PM |
|---|---|
| From: | Representative Christopher M. Rabb and Rep. Joseph C. Hohenstein |
| To: | All House members |
| Subject: | Reconciling State and Federal Third Degree Misdemeanor Sentencing Law |
| There is a discrepancy between current Pennsylvania and federal law. In Pennsylvania, a misdemeanor of the third degree carries a sentence of up to one year. However, the same crime is considered an aggravated felony under the federal immigration law – which is a deportable offense – simply by carrying a possible sentence of one year. As a result, a tax-paying immigrant with legal status convicted of a misdemeanor in Pennsylvania would be considered a felon under federal immigration law and face deportation. This forthcoming legislation will lower the maximum sentence of a misdemeanor of the third degree from 365 days to 364 days. The measure also allows individuals previously convicted of a misdemeanor of the third degree and sentenced to a term of one year to petition the court of common pleas torequest to have the term of the sentence modified to the maximum of 364 days. We should not allow families to be torn apart due to anincongruity in state sentencing and federal immigration law. Legislation aimed at reducing deportation proceedings of documented immigrants protects the nearly 1 million foreign-born residents living in Pennsylvania if they have not yet become U.S. citizens. Likewise, this legislation helps to prevent unnecessary deportation proceedings from further hampering federal immigration courts. Pennsylvania’s refugee and immigrant population has increased over 80% since 2000 and plays a vital role in Pennsylvania’s economy. One in 10 Pennsylvania business owners is an immigrant, and immigrants compose a substantial portion of the labor force (9 percent in 2018), and, as of 2019, foreign-born Pennsylvanians we’re contributing $10 billion in tax revenue. Please join us in co-sponsoring this very important legislation which will allow Pennsylvania to follow in the footsteps of other states such as California, Washington, Nevada, and Illinois that have already enacted similar laws. |
Introduced as HB1375