Senate Bill 1189 Printer's Number 1460

PENNSYLVANIA, February 27 - 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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