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PRINTER'S NO. 38
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
31
Session of
2017
INTRODUCED BY D. COSTA, READSHAW, KNOWLES, SACCONE, SCHLOSSBERG,
JAMES, MATZIE, CALTAGIRONE, TOEPEL, ROZZI, MURT, KINSEY,
O'NEILL, MILLARD, DUSH, LONGIETTI, ZIMMERMAN, BARRAR,
O'BRIEN, DRISCOLL, A. HARRIS, WARD, SIMMONS, D. MILLER,
GOODMAN, DEASY, MARSICO, WATSON, MARSHALL, B. MILLER, GILLEN,
McNEILL, FARRY, THOMAS, RYAN, DeLUCA AND SOLOMON,
JANUARY 23, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2017
AN ACT
Providing for the Pennsylvania Officer Down Advisory;
authorizing and directing the Pennsylvania State Police to
establish and maintain the Pennsylvania Officer Down
Advisory; assessing costs; and providing for immunity and
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Officer Down Advisory Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Law enforcement officer." A Federal, State or local law
enforcement officer.
Section 3. Pennsylvania Officer Down Advisory established.
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The Pennsylvania State Police shall establish and maintain
the Pennsylvania Officer Down Advisory to assist, through prompt
notification to the general public and appropriate law
enforcement authorities, in the apprehension of those suspected
of killing or seriously injuring law enforcement officers. The
Pennsylvania State Police shall establish such protocols and
procedures as are necessary for the effective operation of this
advisory and shall educate and inform local law enforcement
agencies and the public with regard to its availability. At a
minimum the following criteria must be met to activate the
advisory:
(1) A law enforcement officer must have been killed or
seriously injured by a suspect.
(2) The investigating law enforcement agency must
determine that the suspect poses a serious risk or threat to
the public or other law enforcement personnel.
(3) A detailed description of the make and model of the
suspect's vehicle or a complete or partial registration plate
number of the suspect's vehicle must be available for
broadcast to the public.
(4) The investigating law enforcement agency having
jurisdiction must recommend activation of the advisory.
Section 4. Prohibited use.
The transmission, broadcast or other communication of a
public alert, other than through the Pennsylvania Officer Down
Advisory, intentionally, knowingly, recklessly or negligently
purporting to be made by, with or through the authority of the
Pennsylvania Officer Down Advisory is prohibited and shall be
subject to a civil penalty of not more than $5,000.
Section 5. Coordination with other jurisdictions.
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The Pennsylvania State Police shall coordinate with the
authorities of the Federal Government and the various states
that are responsible within their respective jurisdictions for
the apprehension of those suspected of killing or seriously
injuring law enforcement officers to establish and execute the
procedures appropriate to the effective fulfillment of the
Pennsylvania State Police's responsibilities under section 3.
Section 6. Assessment of cost.
Unless a court finds that undue hardship would result, in
addition to any other cost imposed by law, a cost of $25 shall
be assessed against each person convicted, adjudicated
delinquent or granted accelerated rehabilitative disposition
(ARD) of the offenses named in this section. The cost shall be
forwarded to the Commonwealth and used by the Pennsylvania State
Police to establish and maintain the Pennsylvania Officer Down
Advisory and shall apply to the following offenses:
18 Pa.C.S. § 2507 (relating to criminal homicide of law
enforcement officer).
18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
18 Pa.C.S. § 5104 (relating to resisting arrest or other
law enforcement).
18 Pa.C.S. § 5104.1 (relating to disarming law
enforcement officer).
18 Pa.C.S. § 5511.2 (relating to police animals).
Section 7. Immunity.
Owners, licensees, operators and employees of a communication
medium, including, but not limited to, telephone, radio,
television, newspaper, digital communications network, wireless
communications network or global communications network, shall
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be immune from civil liability for their good faith conduct
while participating in accordance with this act.
Section 8. Effective date.
This act shall take effect in 30 days.
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