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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LEACH AND KITCHEN, FEBRUARY 7, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 7, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for official |
3 | oppression. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5301 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 5301. Official oppression. |
9 | (a) General rule.--A person acting or purporting to act in |
10 | an official capacity or taking advantage of such actual or |
11 | purported capacity commits a misdemeanor of the second degree |
12 | if, knowing that his conduct is illegal, he: |
13 | (1) subjects another to arrest, detention, search, |
14 | seizure, mistreatment, dispossession, assessment, lien or |
15 | other infringement of personal or property rights; or |
16 | (2) denies or impedes another in the exercise or |
17 | enjoyment of any right, privilege, power or immunity. |
18 | (b) Prohibited conduct.--In addition to other conduct that |
19 | is prohibited within the meaning of subsection (a), it shall |
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1 | specifically be deemed a violation of subsection (a) to take any |
2 | action listed in subsection (a): |
3 | (1) for the purpose of detecting, investigating or |
4 | apprehending a person whose only violation of the law is that |
5 | the person is of foreign citizenship and present in the |
6 | United States in violation of Federal immigration laws; or |
7 | (2) based on race, national origin, ethnicity or |
8 | perceived ethnicity, except when seeking to apprehend a |
9 | specific suspect whose race, national origin or ethnicity is |
10 | part of the description of the suspect. |
11 | (c) Information sharing.--This section shall not prevent a |
12 | law enforcement officer from exchanging with the United States |
13 | Bureau of Immigration and Customs Enforcement, the United States |
14 | Bureau of Citizenship and Immigration Services or the United |
15 | States Bureau of Customs and Border Protection any relevant |
16 | immigration information the officer obtained collateral to an |
17 | arrest or investigation that was not conducted in violation of |
18 | subsection (b) of any criminal offense if the information |
19 | sharing is authorized by the laws of this Commonwealth. |
20 | Section 2. This act shall take effect in 60 days. |
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