PRINTER'S NO. 2289
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1580
Session of
2015
INTRODUCED BY EVERETT, ENGLISH, McGINNIS, V. BROWN, PHILLIPS-
HILL, CORBIN, HARHART, MARSHALL, CAUSER, MALONEY, PICKETT,
CUTLER, GREINER, READSHAW, GROVE, JAMES, VEREB, TAYLOR,
A. HARRIS, IRVIN, SAINATO, SCHWEYER, HEFFLEY, LONGIETTI,
BENNINGHOFF, KNOWLES, QUIGLEY, KAUFFMAN, REGAN, KORTZ, MURT,
DAVIS, REESE, MOUL, TALLMAN, GABLER, SACCONE, NEUMAN, KOTIK,
CARROLL, SCHEMEL, BURNS, HARHAI, SNYDER, WARD, LAWRENCE AND
GIBBONS, OCTOBER 1, 2015
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 1, 2015
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal police education and
training, prohibiting motorcycle profiling and establishing a
private right of action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 2167.1. Motorcycle profiling prohibited.
(a) General rule.--No police officer or police department
may engage in motorcycle profiling in this Commonwealth.
(b) Duty of commission.--The commission shall include, as
part of the basic and in-service training required by this
subchapter, instruction on what conduct constitutes motorcycle
profiling in patrol procedures and other police department
operations and the duty to refrain from engaging in motorcycle
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profiling.
(c) Duty of police departments.--A police department shall
include in its patrol procedures and operations policies a
statement that condemns motorcycle profiling.
(d) Private right of action established.--A victim of
motorcycle profiling may bring a private right of action in a
court of competent jurisdiction against any police officer or
police department that engages in motorcycle profiling in
violation of this section. In the action, the victim may be
awarded injunctive relief, actual damages, punitive damages and
reasonable attorney fees and costs.
(e) For purposes of this section, "motorcycle profiling"
means the use of the fact that an individual rides a motorcycle
or wears clothes or possesses paraphernalia that a reasonable
person associates with such individuals as a factor in a
decision to stop and question, take enforcement action against,
arrest or search the individual or motorcycle in violation of
Federal or State law.
Section 2. This act shall take effect in 60 days.
20150HB1580PN2289 - 2 -
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