HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1101, 1218, 1247,        PRINTER'S NO. 1344
        1307

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
    20030S0877B1344                  - 2 -     

     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  <--
    20030S0877B1344                  - 3 -     

     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.
    20030S0877B1344                  - 4 -     

     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.














    B24L43DMS/20030S0877B1344        - 5 -
See other bills
under the
same topic