HOUSE AMENDED
PRIOR PRINTER'S NOS. 1101, 1218, 1247, PRINTER'S NO. 1344
1307
No. 877 Session of 2003
INTRODUCED BY THOMPSON, MADIGAN, TARTAGLIONE, PILEGGI, PUNT,
ERICKSON, M. WHITE, ORIE, MOWERY, EARLL, RAFFERTY AND
TOMLINSON, JULY 15, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 22, 2003
AN ACT
1 Prohibiting employment of certain individuals as law enforcement
2 officers; requiring suspension of law enforcement officers
3 charged with certain crimes; and establishing dismissal
4 procedures for law enforcement officers convicted of certain
5 crimes.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Confidence in
10 Law Enforcement Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Commonwealth agency." An executive agency, an independent
16 agency, a State-affiliated entity or the General Assembly.
17 "Conviction." An adjudication of guilt including the
1 imposition of a sentence.
2 "Executive agency." The Governor and each department, board,
3 commission, authority and other officer and agency of the
4 Commonwealth. The term does not include a court or other officer
5 or agency of the unified judicial system, the General Assembly
6 and its officers and agencies or an independent agency or State-
7 affiliated entity.
8 "Independent agency." A board, commission or other agency or
9 officer of the Commonwealth which is not subject to the policy
10 supervision and control of the Governor. The term does not
11 include a State-affiliated entity, a court or other officer or
12 agency of the unified judicial system, the General Assembly and
13 its officers and agencies, a State-related institution,
14 political subdivision or a local, regional or metropolitan
15 transportation authority.
16 "Law enforcement officer." A member of the Pennsylvania
17 State Police Force or an individual employed in a position
18 requiring certification pursuant to 53 Pa.C.S. Ch. 21 (relating
19 to employees).
20 "Serious misdemeanor." A criminal offense for which more
21 than one year in prison can be imposed as a punishment.
22 "State-affiliated entity." A Commonwealth authority or a
23 Commonwealth entity. The term includes the Pennsylvania Turnpike
24 Commission, the Pennsylvania Housing Finance Agency, the
25 Pennsylvania Municipal Retirement System, the Pennsylvania
26 Infrastructure Investment Authority, the State Public School
27 Building Authority, the Pennsylvania Higher Educational
28 Facilities Authority and the State System of Higher Education.
29 The term does not include a court or other officer or agency of
30 the unified judicial system, the General Assembly and its
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1 officers and agencies, a State-related institution, political
2 subdivision or a local, regional or metropolitan transportation
3 authority.
4 "State-related institution." The Pennsylvania State
5 University, the University of Pittsburgh, Lincoln University or
6 Temple University.
7 Section 3. Prohibition against employing certain persons.
8 A Commonwealth agency, State-related institution, political
9 subdivision, municipal authority, local, regional or
10 metropolitan transportation authority or any other person shall
11 not employ or continue to employ an individual as a law
12 enforcement officer when the individual has been CONVICTED OF <--
13 ANY OF THE FOLLOWING:
14 (1) Convicted of an AN offense graded a felony or a <--
15 serious misdemeanor.
16 (2) Convicted of an AN offense in another jurisdiction, <--
17 state, territory or country in accordance with the laws of
18 that jurisdiction, state, territory or country, and the
19 offense is equivalent to an offense specified in paragraph
20 (1) regardless of its grading in that jurisdiction, state,
21 territory or country.
22 Section 4. Suspension.
23 Except in the case of a member of the Pennsylvania State
24 Police, a law enforcement officer charged with an offense that
25 would prohibit employment under section 3 shall be immediately
26 suspended from employment in law enforcement AS A LAW <--
27 ENFORCEMENT OFFICER until final disposition of the charge or
28 upon acceptance into a program of Accelerated Rehabilitative
29 Disposition, whichever occurs first. In the case of a member of
30 the Pennsylvania State Police, a law enforcement officer CHARGED <--
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1 WITH AN OFFENSE THAT WOULD PROHIBIT EMPLOYMENT AS SUCH UNDER
2 SECTION 3 shall immediately be suspended from employment until
3 final disposition of the charge or upon acceptance into a
4 program of Accelerated Rehabilitative Disposition, whichever
5 occurs first. If a judge terminates the PARTICIPATION OF A LAW <--
6 ENFORCEMENT OFFICER IN A program of Accelerated Rehabilitative
7 Disposition FOR AN OFFENSE THAT WOULD PROHIBIT EMPLOYMENT UNDER <--
8 SECTION 3 prior to completion in accordance with Pa.R.Crim.P.
9 No.318 (relating to procedure on charge of violation of
10 conditions), the suspension PREVIOUSLY IMPOSED shall be <--
11 reinstated until final disposition of the charge.
12 Section 5. Termination of employment.
13 (a) General rule.--An employer of an individual who is a law
14 enforcement officer and who is or becomes ineligible for
15 employment as a law enforcement officer pursuant to section 3
16 shall immediately terminate the employment of the individual as
17 a law enforcement officer.
18 (b) Termination proceeding CERTIFIED COPY OF CONVICTION.-- <--
19 The AT ANY TERMINATION PROCEEDING, THE introduction of a <--
20 certified copy of a conviction for INDICATING THAT A LAW <--
21 ENFORCEMENT OFFICER HAS BEEN CONVICTED OF an offense that would
22 prohibit employment under section 3 shall IN AND OF ITSELF be <--
23 sufficient evidence to terminate a SUPPORT JUSTIFY THE <--
24 TERMINATION OF THE law enforcement officer.
25 Section 6. Repeal.
26 All acts and parts of acts are repealed insofar as they are
27 inconsistent with this act.
28 Section 7. Construction.
29 This act may not be modified or supplemented unless by order
30 of a court or an act of the General Assembly.
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1 Section 8. Applicability.
2 Section 5 is applicable to law enforcement officers who are <--
3 convicted on or after July 1, 2004. Section 5 does not apply to
4 convictions occurring before July 1, 2004.
5 THIS ACT DOES NOT APPLY TO CONVICTIONS OCCURRING BEFORE THE <--
6 EFFECTIVE DATE OF THIS ACT.
7 Section 9. Effective date.
8 This act shall take effect in 60 days JULY 1, 2004, OR <--
9 IMMEDIATELY, WHICHEVER IS LATER.
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