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        PRIOR PRINTER'S NOS. 1962, 2668               PRINTER'S NO. 3080

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1563 Session of 2007


        INTRODUCED BY PALLONE, CALTAGIRONE, COHEN, FABRIZIO, GIBBONS,
           GRUCELA, HARHAI, HARKINS, HORNAMAN, JAMES, KIRKLAND, KORTZ,
           KOTIK, KULA, MARKOSEK, MENSCH, MURT, MYERS, PASHINSKI,
           PETRONE, SOLOBAY, TANGRETTI, THOMAS AND SIPTROTH,
           JUNE 18, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JANUARY 14, 2008

                                     AN ACT

     1  Amending Title 53 (Municipalities Generally) of the Pennsylvania
     2     Consolidated Statutes, further defining "police department"
     3     and "police officer" for purposes of municipal police
     4     training and education.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The definitions of "police department" and
     8  "police officer" in section 2162 of Title 53 of the Pennsylvania
     9  Consolidated Statutes are amended to read:
    10  § 2162.  Definitions.
    11     The following words and phrases when used in this subchapter
    12  shall have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     * * *
    15     "Police department."  Any of the following:
    16         (1)  A public agency of a political subdivision having
    17     general police powers and charged with making arrests in

     1     connection with the enforcement of the criminal or traffic
     2     laws. This paragraph includes the sheriff's office in a
     3     county of the second class.
     4         (2)  A campus police or university police department, as
     5     used in section 2416 of the act of April 9, 1929 (P.L.177,
     6     No.175), known as The Administrative Code of 1929, certified
     7     by the Office of Attorney General as a criminal justice
     8     agency under the definition of "criminal justice agency" in
     9     18 Pa.C.S. § 9102 (relating to definitions). This paragraph
    10     does not include a campus police or university police
    11     department of the State System of Higher Education and its
    12     member institutions.
    13         (3)  A railroad or street railway police department
    14     formed with officers commissioned under 22 Pa.C.S. Ch. 33
    15     (relating to railroad and street railway police) or any prior
    16     statute providing for such commissioning.
    17         (4)  The Capitol Police.
    18         (5)  The Harrisburg International Airport Police.
    19         (6)  An airport authority police department.
    20         (7)  A county park police department.
    21     "Police officer."  Any of the following:
    22         (1)  A full-time or part-time employee assigned to
    23     criminal or traffic law enforcement duties of any of the
    24     following:
    25             (i)  A police department of a county, city, borough,
    26         town or township.
    27             (ii)  Any railroad or street railway police.
    28             (iii)  Any campus or university police department.
    29             (iv)  The Capitol Police.
    30             (v)  The Harrisburg International Airport Police.
    20070H1563B3080                  - 2 -     

     1             (vi)  An airport authority police department.
     2         (2)  A deputy sheriff of a county of the second class.
     3         (3)  A security officer of a first class city housing
     4     authority or a police officer of a second class city housing
     5     authority.
     6         (4)  A county park police officer.
     7  The term excludes persons employed to check parking meters or to
     8  perform only administrative duties and auxiliary and fire
     9  police.
    10     * * *
    11     SECTION 2.  SECTIONS 2168 AND 2170 OF TITLE 53 ARE AMENDED BY  <--
    12  ADDING SUBSECTIONS TO READ:
    13  § 2168.  AUTOMATIC CERTIFICATION.
    14     * * *
    15     (E)  COUNTY PARK POLICE.--
    16         (1)  A COUNTY PARK POLICE OFFICER WHO HAS SUCCESSFULLY
    17     COMPLETED THE BASIC TRAINING COURSE UNDER THIS SUBCHAPTER
    18     PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE
    19     ASSIGNED A CERTIFICATION NUMBER UNDER THIS SUBCHAPTER BUT
    20     SHALL BE REQUIRED TO COMPLETE THE IN-SERVICE TRAINING AS SET
    21     FORTH IN SECTION 2164(7) (RELATING TO POWERS AND DUTIES OF
    22     COMMISSION).
    23         (2)  COUNTY PARK POLICE OFFICERS WHO SUCCESSFULLY
    24     COMPLETED TRAINING PRIOR TO THE EFFECTIVE DATE OF THIS
    25     SUBCHAPTER OR HAVE SUCCESSFULLY COMPLETED TRAINING DETERMINED
    26     BY THE COMMISSION TO BE THE EQUIVALENT OF THAT TRAINING, AND
    27     WHO MET ALL THE CRITERIA IN PLACE AT THE TIME OF THEIR
    28     HIRING, AND SUCCESSFULLY COMPLETED ALL TRAINING REQUIRED
    29     THEREAFTER, SHALL ALSO BE ASSIGNED A CERTIFICATION NUMBER
    30     UNDER THIS SUBCHAPTER.
    20070H1563B3080                  - 3 -     

     1         (3)  A CERTIFICATION NUMBER MAY BE TRANSFERRED ALONG WITH
     2     AN INDIVIDUAL IF THAT INDIVIDUAL HAS SUCCESSFULLY COMPLETED
     3     ALL TRAINING REQUIRED BY THE COMMISSION AND IS HIRED FOR
     4     ANOTHER POSITION UNDER THIS SUBCHAPTER.
     5  § 2170.  REIMBURSEMENT OF EXPENSES.
     6     * * *
     7     (A.1)  COUNTY PARK POLICE.--A MUNICIPALITY SHALL BE
     8  INELIGIBLE FOR REIMBURSEMENT FOR TUITION AND EXPENSES FOR THE
     9  CERTIFIED BASIC TRAINING OF COUNTY PARK POLICE.
    10     * * *
    11     SECTION 3.  SECTION 2171 OF TITLE 53 IS AMENDED TO READ:
    12  § 2171.  PAYMENT OF CERTAIN COUNTY COSTS.
    13     (A)  SECOND CLASS COUNTIES.--COUNTIES OF THE SECOND CLASS
    14  SHALL BE LIABLE FOR COSTS INCURRED FOR THE CERTIFICATION OF
    15  DEPUTY SHERIFFS. THE COSTS SHALL NOT EXCEED THE SUM PER POLICE
    16  OFFICER ASSESSED AGAINST MUNICIPALITIES.
    17     (B)  COUNTIES GENERALLY.--COUNTIES SHALL BE LIABLE FOR THE
    18  COSTS INCURRED FOR ANY TRAINING REQUIRED FOR THE CERTIFICATION
    19  OF COUNTY PARK POLICE OFFICERS.
    20     Section 2 4.  This act shall take effect July 1, 2008.         <--







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