PRINTER'S NO. 3704

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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,
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     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
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     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
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     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.



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