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A00193
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
27
Session of
2017
INTRODUCED BY WHITE, READSHAW, DRISCOLL, GREINER, HICKERNELL,
SANKEY, RYAN, GODSHALL, QUIGLEY, IRVIN, TAYLOR, O'NEILL,
MARSHALL, PHILLIPS-HILL, MILLARD, KAUFFMAN, D. COSTA, MURT,
TOPPER, CORBIN, BARRAR, ELLIS, EVERETT, ROAE, DAY, FEE,
SIMMONS, NEILSON, BURNS, BLOOM, SCHEMEL, KORTZ, BOYLE,
A. HARRIS, WARNER, DELOZIER, OBERLANDER, BENNINGHOFF,
DiGIROLAMO, FARRY, JOZWIAK, KNOWLES, C. QUINN, ZIMMERMAN,
HARPER AND KEEFER, FEBRUARY 6, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2017
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)
B. General Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
(Reserved)
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SUBCHAPTER B
GENERAL PROVISIONS
Sec.
511. Release of law enforcement officer information when
firearm discharged or use of force.
§ 511. Release of law enforcement officer information when
firearm discharged or use of force.
(a) General rule.--
(1) Except as provided under paragraphs (2), (3) and
(4), if an official investigation has been initiated into 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 that results in death or serious
bodily injury of an individual, the name and identifying
information of the law enforcement officer may not be
released to the public by:
(i) A public employee of the law enforcement
officer's employing agency.
(ii) The agency conducting or participating in the
official investigation.
(iii) A person acting on behalf of a public employee
under subparagraph (i) or an agency under subparagraph
(ii).
(2) A public employee of the officer's employing agency,
the agency conducting or participating in the official
investigation or a person acting on behalf of the public
employee or agency shall release the name or identifying
information of the law enforcement officer at the conclusion
of the investigation if the law enforcement officer is
charged with a criminal offense arising out of the discharge
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of the firearm or use of force.
(3) Except during any period in which the release of the
information can reasonably be expected to 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,
a public employee of the officer's employing agency, the
agency conducting or participating in the official
investigation or a person acting on behalf of the public
employee or agency may release the name or identifying
information of the law enforcement officer:
(i) thirty fourteen days after the discharge of the
firearm or use of force; or
(ii) after completion of the official investigation.
(4) The name or identifying information of the law
enforcement officer may be released if:
(i) the law enforcement officer consents in writing
to the release of the information; or
(ii) disclosure is made pursuant to court rules.
(b) Penalty.--A person who violates this section commits a
misdemeanor of the second degree.
(c) Exception.--This section shall not apply to the Office
of Attorney General or a district attorney's office.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Law enforcement officer." Has the meaning given to the term
"peace officer" in 18 Pa.C.S. § 501 (relating to definitions).
"Serious bodily injury." As defined in 18 Pa.C.S. § 2301
(relating to definitions).
"Use of force." Any application of force by a law
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enforcement officer against another individual.
Section 2. This act shall take effect in 60 days.
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