THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BELFANTI, PHILLIPS, GOODMAN, MAHONEY, BAKER, CAUSER, D. COSTA, DALEY, J. EVANS, EVERETT, FABRIZIO, FAIRCHILD, GIBBONS, GROVE, HARKINS, HARRIS, HORNAMAN, KIRKLAND, KULA, MARSHALL, MATZIE, MICOZZIE, MILLER, MILNE, MOUL, MURT, PICKETT, PRESTON, RAPP, REED, ROAE, SANTONI, SCAVELLO, SOLOBAY, STABACK, STEVENSON, THOMAS, YOUNGBLOOD, METCALFE, GEORGE, MILLARD, CHRISTIANA AND MIRABITO, JUNE 29, 2010

AS AMENDED, COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, SEPTEMBER 29, 2010   

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

Judicial Procedure) and 53 (Municipalities Generally) of the

Pennsylvania Consolidated Statutes, further providing for

definitions; providing for county sheriffs and deputy

sheriffs; and repealing related provisions of the Second

Class County Code.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "police officer" in section 103

of Title 18 of the Pennsylvania Consolidated Statutes is amended

to read:

§ 103.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this part, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Police officer."  The term shall include the sheriff of a

county of the second class, second class A, third class, fourth

class, fifth class, sixth class, seventh class or eighth class 

and a deputy [sheriffs] sheriff of a county of the second class,

second class A, third class, fourth class, fifth class, sixth

class, seventh class or eighth class who [have] has successfully

completed the requirements under the act of June 18, 1974

(P.L.359, No.120), referred to as the Municipal Police Education

and Training Law, or the act of February 9, 1984 (P.L.3, No.2),

known as the Deputy Sheriffs' Education and Training Act.

* * *

Section 2.  The definitions of "chief law enforcement

officer" and "municipal police officer" in section 8951 of Title

42 are amended to read:

§ 8951.  Definitions.

The following words and phrases when used in this subchapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Chief law enforcement officer."  The head of a duly

constituted municipal law enforcement agency which regularly

provides primary police services to a political subdivision or,

in the absence of any such municipal law enforcement agency, the

commanding officer of the Pennsylvania State Police installation

which regularly provides primary police services to the

political subdivision or, in the case of any occurrence or event

that takes place on real property owned or leased by a county

government, including, but not limited to, a county correctional

facility, courthouse or park, the sheriff of the county.

"Municipal police officer."  Any natural person who is

properly employed by a municipality, including a home rule

municipality, as a regular full-time or part-time police officer

or a certified sheriff or deputy sheriff. The term does not

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include a certified sheriff or deputy sheriff of a county of the

first class.

* * *

Section 3.  Section 8954 of Title 42 is amended to read:

§ 8954.  Noncompliance with mandatory certification

requirements.

Any person employed as a municipal police officer who is

subject to the mandatory certification requirements of the

training law and fails to obtain the required certification from

the Commissioner of the Pennsylvania State Police or the

executive director of the Pennsylvania Commission on Crime and

Delinquency within the time limits provided by law shall cease

to be empowered or authorized to function as a municipal police

officer for any purpose whatsoever.

Section 4.  Subchapter A heading of Chapter 21 of Title 53 is

amended to read:

Subchapter A

[(Reserved)]

County Officers and Employees

Section 5.  Title 53 is amended by adding sections to read:

§ 2111.  Office of Sheriff.

(a)  Qualifications.--On or after January 1, 2010, a person

shall not be eligible to be a candidate for the Office of

Sheriff and a person shall not be elected or appointed to the

Office of Sheriff unless that person meets the following

qualifications:

(1)  Is a citizen of the United States.

(2)  Has been a resident of the county for at least one

year.

(3)  Has not been convicted of an offense graded higher

than a misdemeanor of the third degree.

(4)  Is at least 18 years of age.

(b)  Educational requirements.--

(1)  Except as otherwise provided in this subchapter, any

person first elected to the Office of Sheriff on or after

January 1, 2010, shall have completed a recognized law

enforcement management/administration program including, but

not limited to, the National Sheriffs' Institute training

course. In the event the individual elected as sheriff has

not completed the National Sheriffs' Institute's or a similar

course, the individual shall within the first term of office

successfully complete the National Sheriffs' Institute

training course administered by the National Sheriffs'

Association.

(2)    (i)  A sheriff who has successfully completed the

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standards and training under in accordance with 

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Subchapter D (relating to municipal police education and

training) or the act of February 9, 1984 (P.L.3, No.2),

known as the Deputy Sheriffs' Education and Training Act,

or Pennsylvania State Police training, if they are

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substantially equal to the standards and training under

Subchapter D, shall be eligible to perform all duties

authorized by law.

(ii)  A sheriff who has not completed training in

accordance with this section shall serve in an

administrative capacity and eligible only to complete

administrative functions unless or until such training is

completed. A sheriff who completes administrative

functions and serves in an administrative capacity shall

only provide administrative function including, but not

limited to, planning, organizing, staffing and directing

of the office of sheriff, and may not perform law

enforcement functions as authorized by law.

§ 2112.  Deputies and clerks.

(a)  General rule.--The sheriff of each county may appoint

such deputies and clerks as may be necessary to properly

transact business of the office. The sheriff may hire, discharge

and supervise the deputies and clerks in accordance with law.

The number of deputies and clerks shall be determined by the

county salary board.

(b)  Educational requirements.--A deputy appointed on or

after January 1, 2010, shall have successfully completed the

standards and training in accordance with Subchapter D (relating

to municipal police education and training) or the act of

February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs'

Education and Training Act, if they are substantially equal to

the standards and training under Subchapter D.

(c)  Hiring procedure.--A deputy shall be hired by the

sheriff utilizing the same process as the county district

attorney for the employment of county detectives.

(d)  Rights.--Except where prohibited by law, deputy sheriffs

shall be subject to the act of July 23, 1970 (P.L.563, No.195),

known as the Public Employe Relations Act, in the same manner

and receive the same rights as units of guards at prisons or

mental hospitals or units of employees directly involved with

and necessary to the function of the courts in this

Commonwealth. The rights shall include, but not be limited to,

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the right to a separate homogeneous bargaining unit.

§ 2113.  Powers and duties of sheriff and deputy sheriff.

(a)  General rule.--A sheriff and deputy sheriff shall

perform and possess all authority and powers to perform all

duties required of a police officer, sheriff or deputy sheriff

or law enforcement official in accordance with the following

laws:

(1)  Title 18 (relating to crimes and offenses) of the

Pennsylvania Consolidated Statutes.

(2)  Title 75 (relating to vehicles) of the Pennsylvania

Consolidated Statutes.

(3)  Dealer licensing under the act of February 24, 1984

(P.L.92, No.17), referred to as the Precious Metal Sale

Regulation Law.

(4)  Issuing firearms licenses and investigating and

enforcing the laws relating to violations and performing all

duties required by 18 Pa.C.S. Ch. 61 (relating to firearms

and other dangerous articles).

(5)    Conduct investigations under 3 Pa.C.S. Ch. 23

(relating to domestic animals).

(6)  Remove at the expense of the owner all stocks of

consumer fireworks or display fireworks or combustibles sold

or stored in violation of the act of May 15, 1939 (P.L.134,

No.65), referred to as the Fireworks Law.

(7)  Make arrests and perform all duties required of the

sheriff by 23 Pa.C.S. Ch. 61 (relating to protection from

abuse).

(8)  Seize all guns used or possessed in violation of the

laws of this Commonwealth.

(9)  Enforce the act of July 10, 1981 (P.L.214, No.67),

known as the Bingo Law.

(b)  Execution of process, writs and orders.--The sheriff

shall either personally or by deputy, execute all process, writs

and orders issued or made by lawful authority and delivered to

the sheriff.

(c)  Jurisdiction.--

(1)  The sheriff shall have primary jurisdiction within

all courthouses of the county and other county-owned or

leased buildings, properties and facilities including

properties owned or leased by county agencies and, as such,

shall enforce good order in county courthouses, or other

grounds and buildings owned or leased by the county or within

500 feet of county-owned or leased property and upon the

sidewalks, roads, streets and parking areas within such area.

(2)  The sheriff shall safeguard and have law

enforcement, investigation and arrest authority in county

courthouses, in county-owned or leased buildings and with

respect to all other county or county agency property.

(d)  School resource officers.--A sheriff may serve as a

school resource officer.

(e)    Assistance to other law enforcement officials.--A

sheriff may assist the Attorney General of the Commonwealth, the

county district attorney and other law enforcement officials in

the enforcement of the laws of this Commonwealth, including, but

not limited to, participation in the following:

(1)  Terrorism task forces.

(2)  Attorney General or District Attorney drug task

forces.

(3)  Joint task forces in association with other Federal,

State and local law enforcement agencies.

(f)    Search and rescue operations.--A sheriff may search and

rescue persons who are lost or are in danger of their lives

within or in the immediate vicinity of the county.

(g)  Municipal police powers.--A sheriff may exercise the

authority and power provided to municipal police officers by 42

Pa.C.S. Ch. 89, Subch. D (relating to municipal police

jurisdiction).

(h)  Cooperative agreements.--A sheriff may enter into

cooperative law enforcement police service agreements under 42

Pa.C.S. § 8953(e) (relating to Statewide municipal police

jurisdiction) with other municipalities for purposes of,

including, but not limited to, describing conditions of mutual

aid, assigning liability and determining appropriate costs of

these cooperative efforts with the approval of the board of

county commissioners or the county council in home rule

counties.

(i)  Other duties.--A sheriff shall perform all other duties

required of the sheriff by law or lawfully by a court of this

Commonwealth.

§ 2114.  Nonapplicability.

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This subchapter shall not apply to a county of the first

class.

§ 2114 2115.  Construction.

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Nothing in this subchapter shall be construed to abolish or

supplant an existing police department or law enforcement agency

or eliminate, supplant, reduce or displace the employment of any

municipal police chief or officer.

Section 6.  The definition of "police officer" in section

2162 of Title 53 is amended to read:

§ 2162.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Police officer."  Any of the following:

(1)  A full-time or part-time employee assigned to

criminal or traffic law enforcement duties of any of the

following:

(i)  A police department of a county, city, borough,

town or township.

(ii)  Any railroad or street railway police.

(iii)  Any campus or university police department.

(iv)  The Capitol Police.

(v)  The Harrisburg International Airport Police.

(vi)  An airport authority police department.

(2)  A sheriff or deputy sheriff of a county [of the

second class], excluding a county of the first class.

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(3)  A security officer of a first class city housing

authority or a police officer of a second class city housing

authority.

The term excludes persons employed to check parking meters or to

perform only administrative duties and auxiliary and fire

police.

* * *

Section 7.  Section 2163(a)(3) of Title 53 is amended to

read:

§ 2163.  Commission members.

(a)  Selection.--The commission shall be composed of 20

members as follows:

* * *

(3)  The following members shall be appointed by the

Governor.

(i)  A borough official, a first class township

official, a second class township official and a city

official.

(ii)  Four incumbent chiefs of police from the

various municipalities of this Commonwealth, at least one

to be a chief of a borough police department, at least

one to be a chief of a township police department and at

least one to be a chief of a city police department.

(iii)  One Federal Bureau of Investigation special

agent-in-charge.

(iv)  One educator qualified in the field of law

enforcement.

(v)  One member representing the public at large.

(vi)  Two noncommissioned police officers.

(vii)  A director of one of the certified training

schools.

(viii)  Two sheriffs.

(ix)  Two deputy sheriffs.

* * *

Section 8.  Repeals are as follows:

(1)  The General Assembly finds that the repeals in

paragraphs (2) and (3) are necessary to effectuate this act.

(2)  Article XII of the act of July 28, 1953 (P.L.723,

No.230), known as the Second Class County Code, to the extent

of any inconsistency with this act.

(3)  Any act or part of an act is repealed to the extent

of any inconsistency with this act.

Section 9.  This act shall take effect in 60 days.