PRINTER'S NO. 1807
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1548
Session of
2023
INTRODUCED BY GIRAL, GUZMAN, BURGOS, CEPEDA-FREYTIZ, RABB,
INNAMORATO, HOHENSTEIN, KHAN, MADDEN, SANCHEZ, ISAACSON,
HILL-EVANS AND GREEN, JUNE 29, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 29, 2023
AN ACT
Providing for extent of cooperation between certain law
enforcement agencies and Federal immigration authorities;
prohibiting certain acts by law enforcement agencies and
postsecondary institutions; and providing for policies
limiting assistance with immigration enforcement.
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 Police and
Community Safety Act.
Section 2. Legislative findings.
The General Assembly finds as follows:
(1) Immigrants are valuable and essential members of
this Commonwealth.
(2) A relationship of trust between Pennsylvania's
immigrant community and State and local agencies is central
to the public safety of the people of this Commonwealth.
(3) This trust is threatened when State and local
agencies are entangled with Federal immigration enforcement,
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with the result that immigrant community members fear
approaching police when they are victims of and witnesses to
crimes, seeking basic health services or attending school, to
the detriment of public safety and the well-being of all
residents of this Commonwealth.
(4) Entangling State and local agencies with Federal
immigration enforcement programs diverts already limited
resources and blurs the lines of accountability between
Federal, State and local governments.
(5) State and local participation in Federal immigration
enforcement programs also raises constitutional concerns,
including the prospect that Commonwealth residents could be
detained in violation of the Fourth Amendment to the
Constitution of the United States, targeted on the basis of
race or ethnicity in violation of the Equal Protection Clause
or denied access to education based on immigration status.
(6) This act seeks to ensure effective policing to
protect the safety, well-being and constitutional rights of
the residents of this Commonwealth and to direct the State's
limited resources to matters of greatest concern to State and
local governments.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Civil immigration warrant." As follows:
(1) A warrant for a violation of Federal civil
immigration law.
(2) The term includes a civil immigration warrant
entered in the National Crime Information Center database.
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"Federal immigration authority." An officer, employee or
person otherwise paid by or acting as an agent of the United
States Immigration and Customs Enforcement or the United States
Customs and Border Protection, or any division thereof, or other
officer, employee or person otherwise paid by or acting as an
agent of the United States Department of Homeland Security who
is charged with immigration enforcement.
"Hold request." A Federal Immigration and Customs
Enforcement request that a local law enforcement agency maintain
custody of an individual currently in the local law enforcement
agency's custody beyond the time the individual would otherwise
be eligible for release in order to facilitate transfer to
Immigration and Customs Enforcement.
"Immigration enforcement." As follows:
(1) An effort to investigate, enforce or assist in the
investigation or enforcement of a Federal civil immigration
law.
(2) The term includes an effort to investigate, enforce
or assist in the investigation or enforcement of a Federal
criminal immigration law that penalizes a person's presence
in, entry or reentry to or employment in, the United States,
including a violation of 8 U.S.C. § 1253 (relating to
penalties related to removal), 1324c (relating to penalties
for document fraud), 1325 (relating to improper entry by
alien) or 1326 (relating to reentry of removed aliens).
"Joint law enforcement task force." A law enforcement agency
collaborating, engaging or partnering with a Federal law
enforcement agency in investigating, interrogating, detaining,
detecting or arresting persons for violations of Federal or
State criminal offenses.
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"Judicial warrant." A warrant based on probable cause and
issued by a Federal judge or a United States magistrate judge
who authorizes Federal immigration authorities to take into
custody the individual who is the subject of the warrant.
"Law enforcement agency." As follows:
(1) A State or local law enforcement agency.
(2) The term includes a police or security department of
a public school.
"Notification request." As follows:
(1) An Immigration and Customs Enforcement request that
a local law enforcement agency inform Immigration and Customs
Enforcement of the release date and time in advance of an
individual in the local law enforcement agency's custody.
(2) The term includes the Request for Voluntary
Notification (DHS Form I-247N).
"Public school." A public elementary and secondary school
under the jurisdiction of the Department of Education, a charter
school, a State-related university, a university within the
State System of Higher Education or a community college of this
Commonwealth.
"Transfer request." As follows:
(1) An Immigration and Customs Enforcement request that
a local law enforcement agency facilitate the transfer of an
individual in the local law enforcement agency's custody to
Immigration and Customs Enforcement.
(2) The term includes the Request for Voluntary Transfer
(DHS Form I-247X).
Section 4. Prohibited action by law enforcement agencies.
(a) Prohibitions.--Law enforcement agencies may not do any
of the following:
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(1) Use agency or department money, facilities,
property, equipment or personnel to investigate, interrogate,
detain, detect or arrest persons for immigration enforcement
purposes, including any of the following:
(i) Inquiring into or collecting information about
an individual's immigration status, except as required to
comply with 18 U.S.C. § 922(d)(5) (relating to unlawful
acts).
(ii) Detaining an individual on the basis of a hold
request.
(iii) Responding to notification requests or
transfer requests.
(iv) Providing or responding to requests for
nonpublicly available personal information about an
individual, including information about the individual's
release date, home address or work address for
immigration enforcement purposes.
(v) Making arrests based on civil immigration
warrants.
(vi) Giving Federal immigration authorities access
to individuals in agency or department custody for
immigration enforcement purposes.
(vii) Performing the functions of an immigration
officer, whether under 8 U.S.C. § 1357(g) (relating to
powers of immigration officers and employees) or any
other law, regulation or policy, whether formal or
informal.
(2) Make agency or department databases, including
databases maintained for the agency or department by private
vendors, or the information in the databases other than
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information regarding an individual's citizenship or
immigration status, available to any person for the purpose
of immigration enforcement. The following apply:
(i) An agreement in existence on the effective date
of this subparagraph that conflicts with the terms of
this paragraph is terminated.
(ii) A person or entity provided access to an agency
or department database shall certify in writing that the
database will not be used for the purposes prohibited by
this section.
(3) Place peace officers under the supervision of
Federal agencies or employ peace officers deputized as
special Federal officers or special Federal deputies, except
to the extent that those peace officers remain subject to the
laws of this Commonwealth, governing conduct of peace
officers and the policies of the employing agency.
(4) Use Federal immigration authorities as interpreters
for law enforcement matters relating to individuals in agency
or department custody.
(b) Construction.--Nothing in this section shall be
construed to prevent a law enforcement agency from doing any of
the following:
(1) Responding to a request from Federal immigration
authorities for information about a specific person's
criminal history, including previous criminal arrests,
convictions and similar criminal history information if
otherwise permitted by State law.
(2) Participating in a joint law enforcement task force
so long as the purpose of the joint law enforcement task
force is not immigration enforcement.
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(c) Reports relating to joint law enforcement task forces.--
(1) If a law enforcement agency chooses to participate
in a joint law enforcement task force, the law enforcement
agency shall submit a report every six months to the Office
of Attorney General, as specified by the Attorney General.
(2) The reporting agency or the Attorney General may
determine that a report, in whole or in part, is not a public
record for the purposes of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, to prevent the
disclosure of sensitive information, including an ongoing
operation or a confidential informant.
(d) Reports by Attorney General.--
(1) The Attorney General, within 14 months after the
effective date of this subsection and twice during each year
thereafter, shall report on the type and frequency of joint
law enforcement task forces.
(2) Each report under this subsection shall include, for
the reporting period, assessments on compliance with
subsection (b)(2):
(i) A list of all law enforcement agencies that
participate in joint law enforcement task forces.
(ii) A list of joint law enforcement task forces
operating in this Commonwealth and their purposes.
(iii) The number of arrests made associated with
joint law enforcement task forces for the violation of
Federal or State crimes.
(iv) The number of arrests made associated with
joint law enforcement task forces for the purpose of
immigration enforcement by all joint law enforcement task
force participants, including Federal law enforcement
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agencies.
(3) The Attorney General shall post each report required
by this subsection on the Attorney General's publicly
accessible Internet website.
(e) Judicial warrant required for certain acts.--
Notwithstanding any other law, a law enforcement agency may not
transfer an individual to Federal immigration authorities for
purposes of immigration enforcement or detain an individual at
the request of Federal immigration authorities for purposes of
immigration enforcement absent a judicial warrant.
(f) Construction.--Nothing in this section shall be
construed to prohibit or restrict a government entity or
official from sending to or receiving from Federal immigration
authorities information regarding the citizenship or immigration
status, lawful or unlawful, of an individual under 8 U.S.C. §§
1373 (relating to communication between government agencies and
the Immigration and Naturalization Service) and 1644 (relating
to communication between State and local government agencies and
Immigration and Naturalization Service).
Section 5. Policies limiting assistance with immigration
enforcement.
(a) Duty of Attorney General.--Within three months after the
effective date of this subsection, the Attorney General shall
publish model policies limiting assistance with immigration
enforcement to the fullest extent possible consistent with
Federal and State law at public schools, health facilities
operated by the State or a political subdivision, courthouses
and shelters. The public schools, health facilities, courthouses
and shelters must remain safe and accessible to all residents of
this Commonwealth, regardless of immigration status.
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(b) Adoption of policies.--
(1) Public schools and health facilities operated by the
State or a political subdivision and courthouses shall adopt
one of the model policies published in accordance with
subsection (a) or an equivalent policy.
(2) All other organizations and entities that provide
services related to physical or mental health and wellness,
education or access to justice are encouraged to adopt the
model policy.
Section 6. Model policies for law enforcement.
(a) Duty of Attorney General.--The Attorney General, within
three months after the effective date of this subsection, shall
publish model policies that provide guidance and training
recommendations to law enforcement agencies. The model policies
must prioritize guidance and training recommendations, which:
(1) Foster trust between the community and law
enforcement agencies.
(2) Limit, to the fullest extent practicable and
consistent with any applicable law, the engagement of law
enforcement agencies with Federal immigration authorities for
the purpose of immigration enforcement.
(b) Adoption of policies.--Each law enforcement agency
shall:
(1) adopt policies consistent with the model policies of
the Attorney General published in accordance with subsection
(a); or
(2) notify the Attorney General that the law enforcement
agency is not adopting policies consistent with the model
policies of the Attorney General.
(c) Contents of notification.--The notification described in
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subsection (b)(2) must include, without limitation:
(1) The reason that the law enforcement agency is not
adopting policies consistent with the model policies of the
Attorney General.
(2) A copy of the policies of the law enforcement
agency.
Section 7. Release of inmates.
(a) State correctional institutions.--
(1) The Pennsylvania Parole Board and the Department of
Corrections shall notify the Federal Bureau of Investigation
of the scheduled release of all persons confined to State
correctional institutions serving a term for the conviction
of a crime of violence as defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
(2) The notification shall be made at least 60 days
prior to the scheduled release date or as soon as practicable
if notification cannot be provided at least 60 days prior to
release.
(3) The only nonpublicly available personal information
that the notification may include is the name of the person
who is scheduled to be released and the scheduled date of
release.
(b) County correctional institutions.--
(1) Whenever a person confined to a county correctional
institution is serving a term for the conviction of an
offense and has a prior conviction for a crime of violence as
defined in 42 Pa.C.S. § 9714(g) or has a prior felony
conviction in another jurisdiction for an offense that has
all the elements of a crime of violence, the chief
administrator of the county correctional institution may
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notify the Federal Bureau of Investigation of the scheduled
release of the person, provided that no local law or policy
prohibits the sharing of the information with either the
Federal Bureau of Investigation or Federal immigration
authorities.
(2) The notification may be made up to 60 days prior to
the scheduled release date.
(3) The only nonpublicly available personal information
that the notification may include is the name of the person
who is scheduled to be released and the scheduled date of
release.
Section 8. Prohibited action by postsecondary institutions.
(a) Prohibitions.--A public or private postsecondary
institution in this Commonwealth, whether acting by or through
its governing body or officers, may not enact, adopt, implement
or enforce a policy that relates to immigration enforcement or
that prohibits an undocumented immigrant on the premises of the
institution.
(b) Penalty.--A private postsecondary institution that
violates subsection (a) shall be subject to the withholding of
State funding or State-administered Federal funding. The
withholding of State funding shall include money provided to the
private postsecondary institution directly as well as money for
scholarships, loans and grants for students of the private
postsecondary institution.
Section 9. Effective date.
This act shall take effect in 60 days.
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