PRIOR PRINTER'S NO. 2173
PRINTER'S NO. 2509
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1538
Session of
2015
INTRODUCED BY WHITE, READSHAW, BAKER, BARRAR, BENNINGHOFF,
BLOOM, CORBIN, DAY, DiGIROLAMO, EVERETT, FARRY, FEE,
GINGRICH, GREINER, GROVE, HEFFLEY, IRVIN, JOZWIAK, KAUFFMAN,
MARSHALL, MILNE, MURT, O'NEILL, D. PARKER, PETRI, QUIGLEY,
QUINN, RADER, REGAN, SANTORA, SAYLOR, SONNEY, TALLMAN,
TAYLOR, TOEPEL, TOOHIL, VEREB, WARD, WARNER, ZIMMERMAN,
BIZZARRO, BOYLE, D. COSTA, DAVIS, DRISCOLL, KORTZ, NEILSON,
YOUNGBLOOD, SACCONE, FLYNN, WHEELAND, GABLER, DELOZIER, ROAE,
CUTLER AND HARPER, SEPTEMBER 11, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 10, 2015
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, adding provisions for law enforcement
activities by providing for release of law enforcement
officer information when firearm discharged or use of force.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 44 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 5
LAW ENFORCEMENT ACTIVITIES
Subchapter A
Preliminary Provisions
(Reserved)
Subchapter B
General Provisions
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Sec.
511. Release of law enforcement officer information when
firearm discharged or use of force.
ยง 511. Release of law enforcement officer information when
firearm discharged or use of force.
(a) General rule.--Pending the conclusion of an official
investigation that involves the discharge of a firearm or use of
force by a law enforcement officer during the performance of the
law enforcement officer's official duties, the name and
identifying information of the law enforcement officer may not
be released to the public by any public official or public
employee conducting or participating in the official
investigation or any person acting on behalf of such public
official or public employee.
(b) Conclusion of official investigation.--After the
official investigation concludes:
(1) The law enforcement officer's name and identifying
information may SHALL be released to the public only if the
law enforcement officer is charged with a criminal offense
relating to the discharge of the firearm or use of force. The
release of the information must occur in accordance with
applicable law.
(2) The IF THE law enforcement OFFICER IS NOT CHARGED
WITH A CRIMINAL OFFENSE RELATING TO THE DISCHARGE OF THE
FIREARM OR THE USE OF FORCE, THE LAW ENFORCEMENT officer's
name and identifying information may not be released to the
public, if :
(i) the law enforcement officer is not charged with
a criminal offense relating to the discharge of the
firearm or use of force; and
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(ii) the release of the information can reasonably
be expected to cause CREATE A RISK OF harm to the person
or property of the law enforcement officer or an
immediate family member of the law enforcement officer.
(c) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Immediate family member." The spouse, child, parent or
sibling of a law enforcement officer.
"Law enforcement officer." The term shall have the meaning
given to the term "peace officer" in section 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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