PRINTER'S NO. 3704
No. 2699 Session of 1996
INTRODUCED BY CORRIGAN AND LYNCH, JUNE 11, 1996
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 1996
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," further providing for the 21 powers, duties and jurisdiction of the Capitol Police, Campus 22 Police and Commonwealth Property Police. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. Section 2416 of the act of April 9, 1929 26 (P.L.177, No.175), known as The Administrative Code of 1929, 27 amended September 27, 1978 (P.L.775, No.149), is amended to
1 read: 2 Section 2416. Capitol Police, Commonwealth Property Police 3 and Campus Police.--The Capitol Police, Commonwealth Property 4 Police and the Security or Campus Police of all State colleges 5 and universities, State aided or related colleges and 6 universities and community colleges shall have the power, and 7 their duty shall be: 8 (a) To enforce good order in State buildings and on State 9 grounds in Dauphin County, in the Pittsburgh State Office 10 Building and the grounds, in the Philadelphia State Office 11 Building and the grounds and in the grounds and buildings of all 12 State colleges and universities, State aided or related colleges 13 and universities and community colleges; 14 (b) To protect the property of the Commonwealth in State 15 grounds and buildings in Dauphin County, in the Pittsburgh State 16 Office Building and grounds, in the Philadelphia State Office 17 Building and grounds and in the grounds and buildings of all 18 State colleges and universities, State aided or related colleges 19 and universities and community colleges; 20 (c) To exclude all disorderly persons from the premises of 21 the State Capitol, State buildings in Dauphin County, the 22 Pittsburgh State Office Building and the Philadelphia State 23 Office Building and from the grounds and buildings of all State 24 colleges and universities, State aided or related colleges and 25 universities and community colleges; 26 (d) In the performance of their duties, to adopt whatever 27 means may be necessary; 28 (e) To exercise the same powers as are now or may hereafter 29 be exercised under authority of law or ordinance by the police 30 of the cities of Harrisburg, Pittsburgh and Philadelphia, 19960H2699B3704 - 2 -
1 municipalities in Dauphin County wherein State buildings are 2 located and in municipalities wherein said colleges, 3 universities and community colleges are located[;], including, 4 but not limited to, those powers conferred pursuant to 42 5 Pa.C.S. Ch. 89 Subch. D (relating to Municipal Police 6 Jurisdiction). 7 (f) To prevent crime, investigate criminal acts, apprehend, 8 arrest and charge criminal offenders and issue summary citations 9 for acts committed in State office grounds and buildings in 10 Dauphin County, the Pittsburgh State Office Building and the 11 Philadelphia State Office buildings and grounds and on the 12 premises and grounds and buildings of all State colleges and 13 universities, State aided or related colleges and universities 14 and community colleges, and carry the offender before the proper 15 alderman, justice of the peace, magistrate or bail commissioner 16 and prefer charges against him under the laws of the 17 Commonwealth. For purposes of this subsection, "premises" shall 18 include all lands and buildings owned, controlled, leased and/or 19 managed by the college, university or community college. Except 20 when acting pursuant to 42 Pa.C.S. Ch. 89, Subch. D, Campus 21 Police of all State colleges and universities, State aided or 22 related colleges and universities and community colleges whose 23 course of training is approved under the act of June 18, 1974 24 (P.L.359, No.120), referred to as the Municipal Police Education 25 and Training Law, shall exercise their powers and perform their 26 duties only on the premises or within five hundred (500) yards 27 of the premises of the State college or university, State aided 28 or related college or university or community college, except 29 that such Campus Police and municipalities are authorized to 30 enter into an agreement with the municipality wherein said 19960H2699B3704 - 3 -
1 college, university or community college is located to exercise 2 concurrently those powers and to perform those duties conferred 3 pursuant to this section within a mutually identified, 4 additional geographic area or areas of the municipality. When so 5 acting, the Campus Police shall have the same powers, immunities 6 and benefits granted to police officers in 42 Pa.C.S. Ch. 89 7 Subch. D. For the purposes of applying the provisions of 42 8 Pa.C.S. Ch. 89 Subch. D, the premises, and within five hundred 9 (500) yards of the premises of the State college or university, 10 State aided or related college or university or community 11 college shall constitute the primary jurisdiction of the Campus 12 Police. When acting within the scope of the authority of this 13 act, Campus Police are, at all times, employes of the State 14 college or university, State aided or related college or 15 university or community college and shall be entitled to all of 16 the rights and benefits accruing therefrom. 17 (g) To order off said grounds and out of said buildings all 18 vagrants, loafers, trespassers, and persons under the influence 19 of liquor, and, if necessary, remove them by force, and, in case 20 of resistance, carry such offenders before an alderman, justice 21 of the peace, bail commissioner or magistrate and 22 (h) To arrest any person who shall damage, mutilate or 23 destroy the trees, plants, shrubbery, turf, grass-plots, 24 benches, buildings or structures, or commit any other offense 25 within State buildings on State grounds in Dauphin County, the 26 Pittsburgh State Office Building and grounds, and the 27 Philadelphia State Office Building and grounds, the Executive 28 Mansion, and the grounds and buildings of all State colleges and 29 universities, State aided or related colleges and universities 30 and community colleges, and carry the offender before the proper 19960H2699B3704 - 4 -
1 alderman, justice of the peace, bail commissioner or magistrate 2 and prefer charges against him under the laws of the 3 Commonwealth. 4 Security and Campus Police shall exercise their powers and 5 perform their duties [only on the premises of the State colleges 6 and universities, State aided or related colleges and 7 universities and community colleges by or for which they are 8 employed and] only after they have completed a course of 9 training including crisis intervention training and riot control 10 as approved by the Department of Education or completed a course 11 of training under the act of June 18, 1974 (P.L.359, No.120), 12 referred to as the Municipal Police Education and Training Law 13 except, that Campus Police employed by State owned colleges and 14 universities located in any municipalities, other than cities of 15 the first class or second class, are authorized, in emergency 16 situations occurring within the municipality, upon the request 17 of the mayor or other executive authority and under the 18 direction of the local law enforcement authorities, to exercise 19 those powers and perform those duties conferred pursuant to this 20 section within the municipality for the limited purpose of 21 aiding local authorities in emergency situations. When so 22 acting, the Campus Police shall be acting within the scope of 23 the authority of this act and are, at all times, State employes 24 of this Commonwealth and entitled to all the rights and benefits 25 accruing therefrom. 26 Section 2. This act shall take effect in 60 days. E21L71JLW/19960H2699B3704 - 5 -