SB 1189

                                                  PRINTER'S NO.   1460
                 THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    SENATE BILL
                    No. 1189
                                            Session of
                                              2026
 INTRODUCED BY HAYWOOD, CAPPELLETTI, COLLETT, FONTANA, HUGHES,
    KEARNEY, KIM, MUTH, STREET, TARTAGLIONE, L. WILLIAMS, SAVAL,
    COSTA, COMITTA AND KANE, FEBRUARY 27, 2026
 REFERRED TO JUDICIARY, FEBRUARY 27, 2026
                                AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2    Consolidated Statutes, in abuse of office, providing for
3    indiscriminate arrest.
4    The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6    Section 1.    Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5304.   Indiscriminate arrest.
9    (a)    Offense.--A law enforcement officer commits a
10 misdemeanor of the first degree if the officer knowingly or
11 recklessly arrests or detains a person indiscriminately so as to
12 interfere substantially with a person's liberty.
13    (b)    Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection unless the context clearly indicates otherwise:
16    "Indiscriminate."    Using a person's race, nationality or
17 immigration status as a basis for arrest or detention without a
18 warrant when no probable cause of an immigration violation
1 exists. The term includes arresting or detaining individuals
2 without a warrant in order to meet a quota.
3    "Law enforcement officer."    The term includes:
4(1)   Federal law enforcement officials.
5(2)   Peace officers as the term is defined in section 501
6    (relating to definitions).
7    Section 2.   This act shall take effect in 60 days.
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