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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
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in abuse of office, providing for
indiscriminate arrest.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5304. Indiscriminate arrest.
(a) Offense.--A law enforcement officer commits a
misdemeanor of the first degree if the officer knowingly or
recklessly arrests or detains a person indiscriminately so as to
interfere substantially with a person's liberty.
(b) 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:
"Indiscriminate." Using a person's race, nationality or
immigration status as a basis for arrest or detention without a
warrant when no probable cause of an immigration violation
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exists. The term includes arresting or detaining individuals
without a warrant in order to meet a quota.
"Law enforcement officer." The term includes:
(1) Federal law enforcement officials.
(2) Peace officers as the term is defined in section 501
(relating to definitions).
Section 2. This act shall take effect in 60 days.
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