HOUSE AMENDED
PRIOR PRINTER'S NOS. 1101, 1218, 1247 PRINTER'S NO. 1307
No. 877 Session of 2003
INTRODUCED BY THOMPSON, MADIGAN, TARTAGLIONE, PILEGGI, PUNT,
ERICKSON, M. WHITE, ORIE, MOWERY, EARLL, RAFFERTY AND
TOMLINSON, JULY 15, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 9, 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 "Conviction." An adjudication of guilt including the
18 imposition of a sentence.
1 "Executive agency." The Governor and each department, board,
2 commission, authority and other officer and agency of the
3 Commonwealth. The term does not include a court or other officer
4 or agency of the unified judicial system, the General Assembly
5 and its officers and agencies or an independent agency or State-
6 affiliated entity.
7 "Independent agency." A board, commission or other agency or
8 officer of the Commonwealth which is not subject to the policy
9 supervision and control of the Governor. The term does not
10 include a State-affiliated entity, a court or other officer or
11 agency of the unified judicial system, the General Assembly and
12 its officers and agencies, a State-related institution,
13 political subdivision or a local, regional or metropolitan
14 transportation authority.
15 "Law enforcement officer." A member of the Pennsylvania
16 State Police Force or an individual employed in a position
17 requiring certification pursuant to 53 Pa.C.S. Ch. 21 (relating
18 to employees).
19 "Serious misdemeanor." A criminal offense for which more
20 than one year in prison can be imposed as a punishment.
21 "State-affiliated entity." A Commonwealth authority or a
22 Commonwealth entity. The term includes the Pennsylvania Turnpike
23 Commission, the Pennsylvania Housing Finance Agency, the
24 Pennsylvania Municipal Retirement System, the Pennsylvania
25 Infrastructure Investment Authority, the State Public School
26 Building Authority, the Pennsylvania Higher Educational
27 Facilities Authority and the State System of Higher Education.
28 The term does not include a court or other officer or agency of
29 the unified judicial system, the General Assembly and its
30 officers and agencies, a State-related institution, political
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1 subdivision or a local, regional or metropolitan transportation
2 authority.
3 "State-related institution." The Pennsylvania State
4 University, the University of Pittsburgh, Lincoln University or
5 Temple University.
6 Section 3. Prohibition against employing certain persons.
7 A Commonwealth agency, State-related institution, political
8 subdivision, municipal authority, local, regional or
9 metropolitan transportation authority or any other person shall
10 not employ or continue to employ an individual as a law
11 enforcement officer when the individual has been CONVICTED OF <--
12 ANY OF THE FOLLOWING:
13 (1) Convicted of an AN offense graded a felony or a <--
14 serious misdemeanor.
15 (2) Convicted of an AN offense in another jurisdiction, <--
16 state, territory or country in accordance with the laws of
17 that jurisdiction, state, territory or country, and the
18 offense is equivalent to an offense specified in paragraph
19 (1) regardless of its grading in that jurisdiction, state,
20 territory or country.
21 Section 4. Suspension.
22 Except in the case of a member of the Pennsylvania State
23 Police, a law enforcement officer charged with an offense that
24 would prohibit employment under section 3 shall be immediately
25 suspended from employment in law enforcement AS A LAW <--
26 ENFORCEMENT OFFICER until final disposition of the charge or
27 upon acceptance into a program of Accelerated Rehabilitative
28 Disposition, whichever occurs first. In the case of a member of
29 the Pennsylvania State Police, a law enforcement officer CHARGED <--
30 WITH AN OFFENSE THAT WOULD PROHIBIT EMPLOYMENT AS SUCH UNDER
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1 SECTION 3 shall immediately be suspended from employment until
2 final disposition of the charge or upon acceptance into a
3 program of Accelerated Rehabilitative Disposition, whichever
4 occurs first. If a judge terminates the PARTICIPATION OF A LAW <--
5 ENFORCEMENT OFFICER IN A program of Accelerated Rehabilitative
6 Disposition FOR AN OFFENSE THAT WOULD PROHIBIT EMPLOYMENT UNDER <--
7 SECTION 3 prior to completion in accordance with Pa.R.Crim.P.
8 No.318 (relating to procedure on charge of violation of
9 conditions), the suspension PREVIOUSLY IMPOSED shall be <--
10 reinstated until final disposition of the charge.
11 Section 5. Termination of employment.
12 (a) General rule.--An employer of an individual who is a law
13 enforcement officer and who is or becomes ineligible for
14 employment as a law enforcement officer pursuant to section 3
15 shall immediately terminate the employment of the individual as
16 a law enforcement officer.
17 (b) Termination proceeding.--The AT ANY TERMINATION <--
18 PROCEEDING, THE introduction of a certified copy of a conviction
19 for INDICATING THAT A LAW ENFORCEMENT OFFICER HAS BEEN CONVICTED <--
20 OF an offense that would prohibit employment under section 3
21 shall be sufficient evidence to terminate a SUPPORT THE <--
22 TERMINATION OF THE law enforcement officer.
23 Section 6. Repeal.
24 All acts and parts of acts are repealed insofar as they are
25 inconsistent with this act.
26 Section 7. Construction.
27 This act may not be modified or supplemented unless by order
28 of a court or an act of the General Assembly.
29 Section 8. Applicability.
30 Section 5 is applicable to law enforcement officers who are <--
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1 convicted on or after July 1, 2004. Section 5 does not apply to
2 convictions occurring before July 1, 2004.
3 THIS ACT DOES NOT APPLY TO CONVICTIONS OCCURRING BEFORE THE <--
4 EFFECTIVE DATE OF THIS ACT.
5 Section 9. Effective date.
6 This act shall take effect in 60 days JULY 1, 2004, OR <--
7 IMMEDIATELY, WHICHEVER IS LATER.
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