Bill Text: PA SB515 | 2011-2012 | Regular Session | Introduced

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Bill Title: In criminal history record information, further providing for definitions; and providing for mandatory determination and reporting of citizenship and immigration status.

Spectrum: Moderate Partisan Bill (Republican 17-3)

Status: (Introduced - Dead) 2011-02-14 - Referred to JUDICIARY [SB515 Detail]

Download: Pennsylvania-2011-SB515-Introduced.html

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PRINTER'S NO. 516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 515 Session of2011
INTRODUCED BY ORIE, RAFFERTY, SCARNATI, ALLOWAY, WARD, WOZNIAK, ERICKSON, WAUGH, FOLMER, KASUNIC, PIPPY, VOGEL, BROWNE, EARLL, D. WHITE, MENSCH, ROBBINS, EICHELBERGER, BREWSTER AND ARGALL, FEBRUARY 14, 2011
REFERRED TO JUDICIARY, FEBRUARY 14, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal history record
information, further providing for definitions; and providing
for mandatory determination and reporting of citizenship and
immigration status.
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 and immigration status under section
9112.1 (relating to mandatory determination of citizenship and
immigration status of certain arrestees), 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).
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 9112.1. Mandatory determination of citizenship and
immigration status of certain arrestees.
(a) Inquiry.--An arresting authority shall inquire into the
citizenship and immigration status of any person arrested for a
felony or any offense involving violence or a minor.
Verification of immigration status shall be done without regard
to the person's national origin, ethnicity or race. If the
person cannot demonstrate that he or she is a citizen or is
legally in the United States, the arresting authority shall
verify with the Federal Government, under section 642(c) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Division C of the act of September 30, 1996, Public Law
104-208, 110 Stat. 3009-707), the person's citizenship or
immigration status. The following information shall be forwarded
to, in a manner and 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
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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 persons in violation of Federal law. If the person 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 person
or transfer the person to the custody of the Federal Government.
(c) Authorization.--Under 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, 110 Stat. 2105),
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 citizenship and immigration status under this section
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.
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