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PRINTER'S NO. 2958
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2261
Session of
2026
INTRODUCED BY WAXMAN, CEPHAS, SANCHEZ, SHUSTERMAN, ISAACSON,
RIVERA, POWELL, HILL-EVANS, KHAN, HANBIDGE, KINKEAD, BOYD,
KAZEEM, D. WILLIAMS, HOHENSTEIN, OTTEN, CEPEDA-FREYTIZ AND
CURRY, MARCH 3, 2026
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2026
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in law enforcement background
investigations and employment information, providing for
additional employment history for certain Federal immigration
enforcement applicants.
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 section to read:
§ 7304.1. Additional employment history for certain Federal
immigration enforcement applicants.
(a) Applicability.--This section shall apply when a
prospective employing law enforcement agency considers an
applicant for employment as a law enforcement officer and the
applicant is a current or former employee of the United States
Immigration and Customs Enforcement.
(b) Form, disclosures and authorization.--Upon an offer of
employment, an applicant shall complete and submit to the
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prospective employing law enforcement agency a form developed by
the commission and made available on the commission's publicly
accessible Internet website. The form shall require all of the
following:
(1) A list of the name, telephone number and other
relevant contact information for:
(i) the applicant's current direct supervisor;
(ii) each former direct supervisor during the
applicant's employment with United States Immigration and
Customs Enforcement; and
(iii) each former direct supervisor for each
position held by the applicant pertaining to immigration
enforcement.
(2) A signed authorization that permits the prospective
employing law enforcement agency and the commission to
contact each individual identified under paragraph (1) and to
request and receive information and records to the extent
necessary to administer this section.
(3) A written statement indicating whether the
applicant:
(i) has been the subject of a deadly force
investigation by a law enforcement agency, including
United States Immigration and Customs Enforcement, unless
the investigation resulted in a finding that the
allegations were false; or
(ii) has been disciplined, discharged, nonrenewed,
asked to resign, resigned or otherwise separated from
employment while an allegation specified under
subparagraph (i) was pending or under investigation or
due to an adjudication or finding in connection with an
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allegation specified under subparagraph (i).
(c) Employment history review.--Upon receipt of the form
under subsection (b), the commission, in collaboration with the
prospective employing law enforcement agency, shall conduct an
employment history review by contacting each individual
identified under subsection (b)(1) or another appropriate person
if an identified individual is unavailable. The commission shall
request all of the following:
(1) The dates of the applicant's employment.
(2) A statement indicating whether, during the
applicant's employment, the applicant:
(i) was the subject of a deadly force investigation,
unless the investigation resulted in a finding that the
allegations were false; or
(ii) was disciplined, discharged, nonrenewed, asked
to resign, resigned or otherwise separated from
employment while an allegation specified under
subparagraph (i) was pending or under investigation or
due to an adjudication or finding in connection with an
allegation specified under subparagraph (i).
(d) Additional records after affirmative disclosure.--If the
prospective employing law enforcement agency receives an
affirmative response under subsection (b)(3) or (c)(2) and the
prospective employing law enforcement agency determines to
further consider the applicant for employment, the prospective
employing law enforcement agency shall request that the
applicant's former employer provide all information in its
possession regarding the disclosed matter and related records.
The request may not seek personally identifying information for
an individual other than the applicant.
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(e) False statements or failures to disclose.--An applicant
who provides false information or willfully fails to disclose
information required under subsection (b) shall be subject to
denial of employment or termination and may be subject to
criminal prosecution under 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
(f) Hiring prohibition.--A prospective employing law
enforcement agency may not hire an applicant unless the
applicant provides the form, disclosures and authorization
required under subsection (b).
(g) Commission fitness determination.--The commission shall
review information received under subsection (d) and shall
provide to the applicant and the prospective employing law
enforcement agency a determination regarding whether the
commission deems the applicant fit for employme nt. If the
commission deems the applicant unfit, a prospective employing
law enforcement agency may offer employment only if, before
employing the applicant , the prospective employing law
enforcement agency provides public notice of its intent to do so
and states the prospective employing law enforcement agency's
reasoning and rationale for employing the applicant .
(h) Confidentiality.--Information obtained under this
section shall be exempt from disclosure under the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(i) Contract terms.--A provision of an employment contract
executed, amended or entered into on or after the effective date
of this subsection that conflicts with this section shall be
void and unenforceable.
(j) Construction.--Nothing in this section shall be
construed to prevent a prospective employing law enforcement
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agency from conducting additional background investigations or
requiring additional information or authorizations beyond the
requirements of this section.
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Deadly force." Force that, under the circumstances in which
force is used, is readily capable of causing death or serious
bodily injury.
"Immigration enforcement." An effort to investigate, enforce
or assist in the investigation or enforcement of Federal civil
immigration law. The term includes an effort to investigate,
enforce or assist in the investigation or enforcement of 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).
Section 2. This act shall take effect in 60 days.
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