HB 2261 — 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.

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
 1   Amending Title 44 (Law and Justice) of the Pennsylvania
 2      Consolidated Statutes, in law enforcement background
 3      investigations and employment information, providing for
 4      additional employment history for certain Federal immigration
 5      enforcement applicants.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 44 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a section to read:
10   § 7304.1.   Additional employment history for certain Federal
11               immigration enforcement applicants.
12      (a)   Applicability.--This section shall apply when a
13   prospective employing law enforcement agency considers an
14   applicant for employment as a law enforcement officer and the
15   applicant is a current or former employee of the United States
16   Immigration and Customs Enforcement.
17      (b)   Form, disclosures and authorization.--Upon an offer of
18   employment, an applicant shall complete and submit to the
 1   prospective employing law enforcement agency a form developed by
 2   the commission and made available on the commission's publicly
 3   accessible Internet website. The form shall require all of the
 4   following:
 5          (1)   A list of the name, telephone number and other
 6      relevant contact information for:
 7                (i)    the applicant's current direct supervisor;
 8                (ii)    each former direct supervisor during the
 9          applicant's employment with United States Immigration and
10          Customs Enforcement; and
11                (iii)    each former direct supervisor for each
12          position held by the applicant pertaining to immigration
13          enforcement.
14          (2)   A signed authorization that permits the prospective
15      employing law enforcement agency and the commission to
16      contact each individual identified under paragraph (1) and to
17      request and receive information and records to the extent
18      necessary to administer this section.
19          (3)   A written statement indicating whether the
20      applicant:
21                (i)    has been the subject of a deadly force
22          investigation by a law enforcement agency, including
23          United States Immigration and Customs Enforcement, unless
24          the investigation resulted in a finding that the
25          allegations were false; or
26                (ii)    has been disciplined, discharged, nonrenewed,
27          asked to resign, resigned or otherwise separated from
28          employment while an allegation specified under
29          subparagraph (i) was pending or under investigation or
30          due to an adjudication or finding in connection with an

20260HB2261PN2958                     - 2 -
 1            allegation specified under subparagraph (i).
 2      (c)   Employment history review.--Upon receipt of the form
 3   under subsection (b), the commission, in collaboration with the
 4   prospective employing law enforcement agency, shall conduct an
 5   employment history review by contacting each individual
 6   identified under subsection (b)(1) or another appropriate person
 7   if an identified individual is unavailable. The commission shall
 8   request all of the following:
 9            (1)   The dates of the applicant's employment.
10            (2)   A statement indicating whether, during the
11      applicant's employment, the applicant:
12                  (i)    was the subject of a deadly force investigation,
13            unless the investigation resulted in a finding that the
14            allegations were false; or
15                  (ii)   was disciplined, discharged, nonrenewed, asked
16            to resign, resigned or otherwise separated from
17            employment while an allegation specified under
18            subparagraph (i) was pending or under investigation or
19            due to an adjudication or finding in connection with an
20            allegation specified under subparagraph (i).
21      (d)   Additional records after affirmative disclosure.--If the
22   prospective employing law enforcement agency receives an
23   affirmative response under subsection (b)(3) or (c)(2) and the
24   prospective employing law enforcement agency determines to
25   further consider the applicant for employment, the prospective
26   employing law enforcement agency shall request that the
27   applicant's former employer provide all information in its
28   possession regarding the disclosed matter and related records.
29   The request may not seek personally identifying information for
30   an individual other than the applicant.

20260HB2261PN2958                       - 3 -
 1      (e)   False statements or failures to disclose.--An applicant
 2   who provides false information or willfully fails to disclose
 3   information required under subsection (b) shall be subject to
 4   denial of employment or termination and may be subject to
 5   criminal prosecution under 18 Pa.C.S. § 4904 (relating to
 6   unsworn falsification to authorities).
 7      (f)   Hiring prohibition.--A prospective employing law
 8   enforcement agency may not hire an applicant unless the
 9   applicant provides the form, disclosures and authorization
10   required under subsection (b).
11      (g)   Commission fitness determination.--The commission shall
12   review information received under subsection (d) and shall
13   provide to the applicant and the prospective employing law
14   enforcement agency a determination regarding whether the
15   commission deems the applicant fit for employment. If the
16   commission deems the applicant unfit, a prospective employing
17   law enforcement agency may offer employment only if, before
18   employing the applicant, the prospective employing law
19   enforcement agency provides public notice of its intent to do so
20   and states the prospective employing law enforcement agency's
21   reasoning and rationale for employing the applicant.
22      (h)   Confidentiality.--Information obtained under this
23   section shall be exempt from disclosure under the act of
24   February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
25      (i)   Contract terms.--A provision of an employment contract
26   executed, amended or entered into on or after the effective date
27   of this subsection that conflicts with this section shall be
28   void and unenforceable.
29      (j)   Construction.--Nothing in this section shall be
30   construed to prevent a prospective employing law enforcement

20260HB2261PN2958                  - 4 -
 1   agency from conducting additional background investigations or
 2   requiring additional information or authorizations beyond the
 3   requirements of this section.
 4      (k)   Definitions.--As used in this section, the following
 5   words and phrases shall have the meanings given to them in this
 6   subsection unless the context clearly indicates otherwise:
 7      "Deadly force."    Force that, under the circumstances in which
 8   force is used, is readily capable of causing death or serious
 9   bodily injury.
10      "Immigration enforcement."    An effort to investigate, enforce
11   or assist in the investigation or enforcement of Federal civil
12   immigration law. The term includes an effort to investigate,
13   enforce or assist in the investigation or enforcement of Federal
14   criminal immigration law that penalizes a person's presence in,
15   entry or reentry to or employment in the United States,
16   including a violation of 8 U.S.C. § 1253 (relating to penalties
17   related to removal), 1324c (relating to penalties for document
18   fraud), 1325 (relating to improper entry by alien) or 1326
19   (relating to reentry of removed aliens).
20      Section 2.    This act shall take effect in 60 days.




20260HB2261PN2958                    - 5 -