PRINTER'S NO. 1101
No. 877 Session of 2003
INTRODUCED BY THOMPSON, MADIGAN, TARTAGLIONE, PILEGGI, PUNT,
ERICKSON, M. WHITE, ORIE, MOWERY, EARLL, RAFFERTY AND
TOMLINSON, JULY 15, 2003
REFERRED TO LAW AND JUSTICE, JULY 15, 2003
AN ACT
1 Prohibiting employment of certain individuals as law enforcement
2 officers; requiring suspension of law enforcement officers
3 charged with certain crimes; and establishing dismissal
4 procedures for law enforcement officers convicted of certain
5 crimes.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Confidence in
10 Law Enforcement Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Commonwealth agency." An executive agency, an independent
16 agency, a State-affiliated entity or the General Assembly.
17 "Convicted." Found guilty or entered a plea of guilty or
18 nolo contendere, whether or not a judgment of sentence has been
19 imposed, as determined by the law of the jurisdiction in which
1 the prosecution was held. The term does not include a conviction
2 that has been expunged or overturned or for which an individual
3 has been pardoned.
4 "Executive agency." The Governor and each department, board,
5 commission, authority and other officer and agency of the
6 Commonwealth. The term does not include a court or other officer
7 or agency of the unified judicial system, the General Assembly
8 and its officers and agencies or an independent agency or State-
9 affiliated entity.
10 "Independent agency." A board, commission or other agency or
11 officer of the Commonwealth which is not subject to the policy
12 supervision and control of the Governor. The term does not
13 include a State-affiliated entity, a court or other officer or
14 agency of the unified judicial system, the General Assembly and
15 its officers and agencies, a State-related institution,
16 political subdivision or a local, regional or metropolitan
17 transportation authority.
18 "Law enforcement officer." A member of the Pennsylvania
19 State Police Force or an individual employed in a position
20 requiring certification pursuant to 53 Pa.C.S. Ch. 21 (relating
21 to employees).
22 "State-affiliated entity." A Commonwealth authority or a
23 Commonwealth entity. The term includes the Pennsylvania Turnpike
24 Commission, the Pennsylvania Housing Finance Agency, the
25 Pennsylvania Municipal Retirement System, the Pennsylvania
26 Infrastructure Investment Authority, the State Public School
27 Building Authority, the Pennsylvania Higher Educational
28 Facilities Authority and the State System of Higher Education.
29 The term does not include a court or other officer or agency of
30 the unified judicial system, the General Assembly and its
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1 officers and agencies, a State-related institution, political
2 subdivision or a local, regional or metropolitan transportation
3 authority.
4 "State-related institution." The Pennsylvania State
5 University, the University of Pittsburgh, Lincoln University or
6 Temple University.
7 Section 3. Prohibition against employing certain persons.
8 A Commonwealth agency, State-related institution, political
9 subdivision, municipal authority, local, regional or
10 metropolitan transportation authority or a person that requires
11 an individual to be certified in accordance with 53 Pa.C.S. Ch.
12 21 (relating to employees) as a condition of employment shall
13 not employ or continue to employ an individual as a law
14 enforcement officer when the individual has been:
15 (1) Convicted of an offense graded a felony or a
16 misdemeanor of the first or second degree.
17 (2) Convicted of an offense in another jurisdiction,
18 state, territory or country and the offense is equivalent to
19 an offense specified in subsection (1) regardless of its
20 grading in that jurisdiction, state, territory or country.
21 Section 4. Suspension.
22 A law enforcement officer charged with an offense that would
23 prohibit employment under section 3 shall be immediately
24 suspended from law enforcement until final disposition of the
25 charge or upon acceptance into a program of Accelerated
26 Rehabilitative Disposition, whichever occurs first. If a judge
27 terminates the program of Accelerated Rehabilitative Disposition
28 prior to completion in accordance with Pa.R.Crim.P. No.318
29 (relating to procedure on charge of violation of conditions),
30 the suspension shall be reinstated until final disposition of
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1 the charge.
2 Section 5. Termination of employment.
3 (a) General rule.--An employer of an individual who is a law
4 enforcement officer and who is or becomes ineligible for
5 employment as a law enforcement officer pursuant to this act
6 shall immediately terminate the employment of the individual as
7 a law enforcement officer.
8 (b) Pennsylvania State Police Force.--
9 (1) The Commissioner of the Pennsylvania State Police
10 shall terminate the employment of individuals as law
11 enforcement officers in accordance with the court martial
12 procedures of section 711 of the act of April 9, 1929
13 (P.L.177, No.175), known as The Administrative Code of 1929.
14 The employment termination shall be conducted solely pursuant
15 to section 711 procedures and these procedures shall not be
16 modified or supplemented by agreement or arbitration. No
17 election or substitution of procedures by the commissioner or
18 a law enforcement officer shall be permitted.
19 (2) A court martial board convened pursuant to this
20 section shall have jurisdiction only to determine whether or
21 not a law enforcement officer was convicted of an offense
22 requiring termination under this act.
23 (c) Termination proceeding.--The introduction of a certified
24 copy of a conviction for an offense that would prohibit
25 employment under section 3 shall be sufficient evidence to
26 terminate a law enforcement officer.
27 Section 6. Repeal.
28 All acts and parts of acts are repealed insofar as they are
29 inconsistent with this act.
30 Section 7. Applicability.
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1 Section 5(b) is inapplicable to terminations occurring before
2 July 1, 2006.
3 Section 8. Effective date.
4 This act shall take effect in 60 days.
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