THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. COSTA, VULAKOVICH, DeLUCA, DEASY, BAKER, BARRAR, B. BOYLE, K. BOYLE, CALTAGIRONE, CARROLL, CLYMER, CONKLIN, FABRIZIO, FRANKEL, GEIST, GEORGE, GOODMAN, GRELL, HARKINS, HESS, HORNAMAN, KAVULICH, KULA, LONGIETTI, MANN, MARKOSEK, MATZIE, MICOZZIE, MILLER, MIRABITO, MULLERY, MURPHY, MURT, M. O'BRIEN, O'NEILL, PETRARCA, PYLE, QUINN, READSHAW, SANTARSIERO, SCHRODER, SWANGER AND YOUNGBLOOD, MAY 25, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MAY 25, 2011  

AN ACT

Providing for the Pennsylvania Officer Down Advisory;

authorizing and directing the Pennsylvania State Police to

establish and maintain the Pennsylvania Officer Down

Advisory; assessing costs; and providing for immunity and

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Pennsylvania

Officer Down Advisory Act.

Section 2.  Pennsylvania Officer Down Advisory established.

The Pennsylvania State Police shall establish and maintain

the Pennsylvania Officer Down Advisory to assist in the

apprehension of those suspected of killing or seriously injuring

Federal, State or local law enforcement officers through prompt

notification to the general public and appropriate law

enforcement authorities. The Pennsylvania State Police shall

establish such protocols and procedures as are necessary for the

effective operation of this advisory and shall educate and

inform local law enforcement agencies and the public with regard

to its availability. At a minimum the following criteria must be

met to activate the advisory:

(1)  A law enforcement officer must have been killed or

seriously injured by an offender.

(2)  The investigating law enforcement agency must

determine that the suspect poses a serious risk or threat to

the public or other law enforcement personnel.

(3)  A detailed description of the make and model of the

suspect's vehicle or a complete or partial registration plate

number of the suspect's vehicle must be available for

broadcast to the public.

(4)  The investigating law enforcement agency having

jurisdiction must recommend activation of the advisory.

Section 3.  Prohibited use.

The transmission, broadcast or other communication of a

public alert, other than through the Pennsylvania Officer Down

Advisory, intentionally, knowingly, recklessly or negligently

purporting to be made by, with or through the authority of the

Pennsylvania Officer Down Advisory is prohibited and shall be

subject to a civil penalty of not more than $5,000.

Section 4.  Coordination with other jurisdictions.

The Pennsylvania State Police shall coordinate with the

authorities of the Federal Government and the various states

that are responsible within their respective jurisdictions for

the apprehension of those suspected of killing or seriously

injuring Federal, State or local law enforcement officers to

establish and execute the procedures appropriate to the

effective fulfillment of its responsibilities under section 2.

Section 5.  Assessment of cost.

Unless the court finds that undue hardship would result, in

addition to any other cost imposed by law, a cost of $25 shall

automatically be assessed on each person convicted, adjudicated

delinquent or granted accelerated rehabilitative disposition

(ARD) of the offenses named in this section. The cost shall be

forwarded to the Commonwealth and used by the Pennsylvania State

Police to establish and maintain the Pennsylvania Officer Down

Advisory and apply to the following offenses:

18 Pa.C.S. § 2507 (relating to criminal homicide of law

enforcement officer).

18 Pa.C.S. § 2702.1 (relating to assault of law

enforcement officer).

18 Pa.C.S. § 5104 (relating to resisting arrest or other

law enforcement).

18 Pa.C.S. § 5104.1 (relating to disarming law

enforcement officer).

18 Pa.C.S. § 5511.2 (relating to police animals).

Section 6.  Immunity.

Owners, licensees, operators and employees of any

communication medium, including, but not limited to, telephone,

radio, television, newspaper, digital communications network,

wireless communications network or global communications

network, shall be immune from civil liability for their good

faith conduct while participating in accordance with this act.

Section 20.  Effective date.

This act shall take effect in 30 days.