THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, TARTAGLIONE, BROWNE, ERICKSON, MUSTO, SCARNATI, O'PAKE, WAUGH, WONDERLING, LOGAN, PIPPY, EICHELBERGER AND BOSCOLA, APRIL 1, 2009

REFERRED TO LAW AND JUSTICE, APRIL 1, 2009  

AN ACT

Providing for a memorandum of understanding between the

Commonwealth and the United States Department of Justice or

Department of Homeland Security.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Security and

Immigration Compliance Act.

Section 2.  Law enforcement.

(a)  Memorandum of understanding.--The Pennsylvania State

Police is authorized and directed to negotiate the terms of a

memorandum of understanding between the Commonwealth and the

United States Department of Justice or Department of Homeland

Security concerning the enforcement of Federal immigration and

customs laws, detention and removals and investigations in this

Commonwealth.

(b)  Signatures.--The memorandum of understanding shall be

signed on behalf of the Commonwealth by the Commissioner of

Pennsylvania State Police and the Governor or as otherwise

required by the appropriate Federal agency.

(c)  Training.--

(1)  (i)  The Pennsylvania State Police shall designate

appropriate law enforcement officers to be trained

pursuant to the memorandum of understanding.

(ii)  The training shall be provided only after

receipt of adequate funding pursuant to the Consolidated

Security, Disaster Assistance, and Continuing

Appropriations Act, 2009 (Public Law 110-329, 122 Stat.

3574) or any subsequent source of Federal funding.

(2)  (i)  In a county of the first class, the district

attorney of the county may designate not more than four

law enforcement officers to be trained pursuant to the

memorandum of understanding.

(ii)  In a county of the second class, second class A

or third class, the district attorney of the county may

designate not more than three law enforcement officers to

be trained pursuant to the memorandum of understanding.

(iii)  In any other county, the district attorney of

the county may designate one law enforcement officer to

be trained pursuant to the memorandum of understanding.

(d)  Enforcement.--A law enforcement officer certified as

trained in accordance with the memorandum of understanding shall

be authorized to enforce Federal immigration and customs laws

while performing within the scope of the officer's authorized

duties.

Section 20.  Effective date.

This act shall take effect in 60 days.