PRINTER'S NO. 2628
No. 2141 Session of 1993
INTRODUCED BY MURPHY, OLASZ, HALUSKA, ROBINSON, TRELLO,
PISTELLA, MICHLOVIC AND VAN HORNE, OCTOBER 6, 1993
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 6, 1993
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, regulating municipal
3 police arrest power.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8951 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 8951. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 * * *
13 "Crime." A felony, a misdemeanor or an offense punishable by
14 imprisonment of one year or more.
15 * * *
16 Section 2. Section 8952 of Title 42 is amended to read:
17 § 8952. Primary municipal police jurisdiction.
18 (a) General rule.--Any duly employed municipal police
1 officer shall have the power and authority to enforce the laws
2 of this Commonwealth [or], make arrests for all crimes for which
3 there is probable cause and otherwise perform the functions of
4 that office anywhere within his primary jurisdiction as to:
5 (1) Any offense which the officer views or otherwise has
6 probable cause to believe was committed within his
7 jurisdiction.
8 (2) Any other event that occurs within his primary
9 jurisdiction and which reasonably requires action on the part
10 of the police in order to preserve, protect or defend persons
11 or property or to otherwise maintain the peace and dignity of
12 this Commonwealth.
13 (b) Summary offenses and ordinance violations.--
14 (1) A municipal police officer shall issue a citation or
15 a summons for violation of a summary offense or a municipal
16 ordinance except as provided in paragraph (2).
17 (2) A municipal police officer may make arrests for
18 violations of a summary offense or a municipal ordinance
19 when:
20 (i) the actor lacks satisfactory evidence of
21 personal identification upon which a citation or a
22 summons could be issued; or
23 (ii) the actor was intoxicated to a degree that he
24 or she could be a danger to himself, herself or to
25 others.
26 Section 3. This act shall take effect in 60 days.
E6L42JRW/19930H2141B2628 - 2 -