Bill Text: PA SB891 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for verification of nationality and immigration status.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2011-04-13 - Referred to STATE GOVERNMENT [SB891 Detail]

Download: Pennsylvania-2011-SB891-Introduced.html

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PRINTER'S NO. 1051
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 891 Session of2011
INTRODUCED BY McILHINNEY, RAFFERTY, FOLMER, GREENLEAF, BAKER, EICHELBERGER, WAUGH, D. WHITE, VOGEL, ALLOWAY, BREWSTER, MENSCH AND TOMLINSON, APRIL 13, 2011
REFERRED TO STATE GOVERNMENT, APRIL 13, 2011
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for verification of
nationality and immigration status.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART V
LAW ENFORCEMENT
Chapter
81. Preliminary Provisions (Reserved)
83. Immigration
CHAPTER 81
PRELIMINARY PROVISIONS
(Reserved)
CHAPTER 83
IMMIGRATION
Sec.
8301. Definitions.
8302. Verification.
§ 8301. 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:
"Arresting agency." Any of the following law enforcement
agencies that arrested the person whose status is being
verified:
(1) The Pennsylvania State Police.
(2) A local law enforcement agency.
§ 8302. Verification.
(a) Duties.--If verification of the nationality or lawful
immigration status of any person who is charged and confined to
jail for any period of time cannot be made from documents in the
possession of the prisoner or after a reasonable effort on the
part of the arresting agency to determine the nationality or
immigration status of the person so confined, verification shall
be made by the arresting agency within 48 hours through a query
to the Law Enforcement Support Center (LESC) of the United
States Department of Homeland Security or other office or agency
designated for that purpose by the United States Department of
Homeland Security. If it is determined that the prisoner is in
the United States unlawfully, the arresting agency shall notify
the United States Department of Homeland Security.
(b) Construction.--Nothing in this section shall be
construed to deny any person bond or prevent a person from being
released from confinement if such person is otherwise eligible
for release.
Section 2. This act shall take effect in 60 days.
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