SENATE AMENDED
        PRIOR PRINTER'S NOS. 1213, 2204, 2402         PRINTER'S NO. 2948

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1057 Session of 2005


        INTRODUCED BY MAITLAND, J. EVANS, CORRIGAN, BENNINGHOFF,
           CALTAGIRONE, CAPPELLI, CASORIO, CLYMER, CRAHALLA, DENLINGER,
           DERMODY, FAIRCHILD, GEIST, HARRIS, HERMAN, HESS, HUTCHINSON,
           KAUFFMAN, M. KELLER, MANN, PALLONE, PHILLIPS, ROHRER,
           SAINATO, B. SMITH, WANSACZ, SOLOBAY, BOYD AND JAMES,
           MARCH 21, 2005

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           OCTOBER 25, 2005

                                     AN ACT

     1  Providing for the issuance of identification cards for retired
     2     law enforcement officers; and providing for the powers and
     3     duties of law enforcement agencies and the Municipal Police
     4     Officers' Education and Training Commission.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Retired Law
     9  Enforcement Identification Act.
    10  Section 2.  Legislative findings.
    11     The General Assembly finds as follows:
    12         (1)  On July 22, 2004, the President of the United States
    13     signed the Law Enforcement Officers Safety Act of 2004, 18
    14     U.S.C. §§ 926B (relating to carrying of concealed firearms by
    15     qualified law enforcement officers) and 926C (relating to
    16     carrying of concealed firearms by qualified retired law

     1     enforcement officers), which authorized certain current and
     2     retired law enforcement officers, if they so choose, to carry
     3     a concealed firearm.
     4         (2)  Section 3 of the Law Enforcement Officers Safety Act
     5     of 2004, 18 U.S.C. § 926C, requires qualified retired law
     6     enforcement officers to have photographic identification
     7     identifying them as a retired law enforcement officer.
     8         (3)  The Law Enforcement Officers Safety Act of 2004
     9     requires retired law enforcement officers to maintain an
    10     annual qualification with their firearm and possess either
    11     identification or a certificate which indicates such
    12     qualification.
    13         (4)  Pennsylvania law does not currently provide for
    14     photographic identification of retired law enforcement
    15     officers.
    16         (5)  Pennsylvania law does not currently provide for
    17     annual firearms qualification by retired law enforcement
    18     officers.
    19         (6)  It is in the interests of the Commonwealth to
    20     establish uniform identification cards and qualification
    21     cards for retired law enforcement officers and a method of
    22     conducting annual firearms qualifications for such
    23     individuals.
    24  Section 3.  Definitions.
    25     The following words and phrases when used in this act shall
    26  have the meanings given to them in this section unless the
    27  context clearly indicates otherwise:
    28     "Certified law enforcement firearm instructor."  Any
    29  individual who possesses a current police firearms instructor
    30  rating from the National Rifle Association, the Pennsylvania
    20050H1057B2948                  - 2 -     

     1  State Police, the Municipal Police Officers' Education and
     2  Training Commission, the Pennsylvania Commission on Crime and     <--
     3  Delinquency, the Deputy Sheriffs' Education and Training Board,
     4  the Federal Bureau of Investigation, the Smith & Wesson Academy,
     5  the Philadelphia Police Academy or the United States Secret
     6  Service or other certification approved by the Municipal Police
     7  Officers' Education and Training Commission.
     8     "Commission."  The Municipal Police Officers' Education and
     9  Training Commission established in 53 Pa.C.S. Ch. 21 Subch. D
    10  (relating to municipal police education and training).
    11     "COMMONWEALTH'S STANDARDS FOR TRAINING AND QUALIFICATION FOR   <--
    12  ACTIVE LAW ENFORCEMENT OFFICERS TO CARRY A FIREARM."  THE
    13  STANDARDS ESTABLISHED BY THE LAW ENFORCEMENT AGENCY FROM WHICH
    14  AN OFFICER RETIRED OR BY THE MUNICIPAL POLICE OFFICERS'
    15  EDUCATION AND TRAINING COMMISSION FOR TRAINING AND QUALIFICATION
    16  TO CARRY A FIREARM OF THE SAME TYPE AS THE CONCEALED FIREARM,
    17  PROVIDED THAT THE COMMISSION DOES NOT CHARGE A FEE TO CERTIFIED
    18  LAW ENFORCEMENT FIREARM INSTRUCTORS AND OFFICERS FOR THE
    19  STANDARDS, WHETHER ACCESS TO THE STANDARDS IS GIVEN THROUGH THE
    20  INTERNET OR SOME OTHER FORM OF PUBLICATION.
    21     "Identification card."  A retired law enforcement officer
    22  identification card authorized under section 4 (relating to
    23  retired law enforcement identification card).
    24     "Qualification card."  A VALID firearm training and            <--
    25  qualification card authorized under section 5 (relating to
    26  firearm training and qualification card). WHEN CARRIED WITH AN    <--
    27  IDENTIFICATION CARD, A QUALIFICATION CARD SHALL CONSTITUTE A
    28  PENNSYLVANIA LICENSE TO CARRY A FIREARM.
    29     "RETIRED LAW ENFORCEMENT OFFICER" OR "OFFICER."  A QUALIFIED
    30  RETIRED LAW ENFORCEMENT OFFICER AS DEFINED IN 18 U.S.C. §
    20050H1057B2948                  - 3 -     

     1  926C(C) (RELATING TO CARRYING OF CONCEALED FIREARMS BY QUALIFIED
     2  RETIRED LAW ENFORCEMENT OFFICERS).
     3  Section 4.  Retired law enforcement identification card.
     4     (a)  General rule.--Subject to the payment of the fee, if
     5  any, imposed under subsection (c):
     6         (1)  A law enforcement agency shall provide each officer,
     7     upon retirement, with a retired law enforcement
     8     identification card.
     9         (2)  At anytime after a law enforcement AN officer         <--
    10     retires, upon request of the officer, a law enforcement
    11     agency shall provide the retired law enforcement officer with
    12     a retired law enforcement identification card.
    13     (b)  Contents.--Identification cards shall be uniform
    14  throughout this Commonwealth and on a form prescribed by the
    15  commission. The identification card shall bear the following:
    16         (1)  The photograph of the retired law enforcement
    17     officer.
    18         (2)  The name, address, date of birth, race, sex, height,
    19     weight, color of hair, color of eyes and signature of the
    20     retired law enforcement officer.
    21         (3)  The signature of the law enforcement officer issuing
    22     the identification card.
    23         (4)  The name, telephone number and address of the law
    24     enforcement agency issuing the card.
    25         (5)  Any other information designated by the commission.
    26     (c)  Fees.--A law enforcement agency may charge a reasonable
    27  fee, not to exceed $15, for each identification card.
    28  Section 5.  Firearm training and qualification card.
    29     (a)  General rule.--A retired law enforcement officer shall
    30  be eligible for a qualification card if the law enforcement
    20050H1057B2948                  - 4 -     

     1  officer either:
     2         (1)  resides in this Commonwealth; or
     3         (2)  retired from a law enforcement agency of this
     4     Commonwealth or any political subdivision thereof.
     5     (b)  Contents.--Qualification cards shall be issued to
     6  indicate compliance with firearms training and qualification      <--
     7  standards. THE COMMONWEALTH'S STANDARDS FOR TRAINING AND          <--
     8  QUALIFICATION FOR ACTIVE LAW ENFORCEMENT OFFICERS TO CARRY A
     9  FIREARM. The qualification cards shall be uniform throughout
    10  this Commonwealth and on a form prescribed by the commission.
    11  The qualification card shall bear the following:
    12         (1)  The name, address, date of birth, race, sex, height,
    13     weight, color of hair, color of eyes and signature of the
    14     retired law enforcement officer.
    15         (2)  The date of completion of the most recent firearms
    16     training and qualification by the retired law enforcement
    17     officer.
    18         (3)  An expiration date 12 months later than the date of
    19     completion under paragraph (2).
    20         (4)  The name and signature of the certified law
    21     enforcement firearms instructor issuing the qualification
    22     card.
    23         (5)  The make and model of any firearm used for firearms   <--
    24     training and qualification by the retired law enforcement
    25     officer.
    26         (5)  THE NAME AND SIGNATURE OF A SHERIFF.                  <--
    27         (6)  A CONFIRMATION NUMBER PROVIDED BY THE SHERIFF WHO
    28     SIGNED THE QUALIFICATION CARD.
    29         (7)  A BRIEF DESCRIPTION OF THE DUTY TO SURRENDER A
    30     QUALIFICATION CARD PURSUANT TO SECTION 6, INCLUDING A SPACE
    20050H1057B2948                  - 5 -     

     1     FOR THE MAILING ADDRESS DESIGNATED BY THE SHERIFF. THE
     2     SHERIFF SHALL ADD THE MAILING ADDRESS IN THE SPACE PROVIDED.
     3         (6) (8)  Any other information designated by the           <--
     4     commission.
     5  Qualification cards shall not contain a photograph of the
     6  retired law enforcement officer.
     7     (c)  Issuing authorization.--Any certified law enforcement
     8  firearms instructor may issue a qualification card to a retired
     9  law enforcement officer who has met the firearm training or       <--
    10  qualification standards of any law enforcement agency in this
    11  Commonwealth. COMMONWEALTH'S STANDARDS FOR TRAINING AND           <--
    12  QUALIFICATION FOR ACTIVE LAW ENFORCEMENT OFFICERS TO CARRY A
    13  FIREARM.
    14     (D)  CONFIRMATION NUMBER.--A QUALIFICATION CARD SHALL NOT BE
    15  VALID WITHOUT A CONFIRMATION NUMBER. A CONFIRMATION NUMBER SHALL
    16  BE ONE OF THE FOLLOWING:
    17         (1)  THE COUNTY LOCATION CODE AND LICENSE NUMBER OF A
    18     VALID, UNEXPIRED PENNSYLVANIA LICENSE TO CARRY A FIREARM
    19     ISSUED PURSUANT TO 18 PA.C.S. § 6109 (RELATING TO LICENSES)
    20     TO THE OFFICER BY THE SHERIFF.
    21         (2)  A UNIQUE APPROVAL NUMBER PROVIDED BY THE
    22     PENNSYLVANIA STATE POLICE TO THE SHERIFF. FOR THE PURPOSES OF
    23     THIS PARAGRAPH, A SHERIFF SHALL REQUEST A CRIMINAL HISTORY
    24     RECORD, JUVENILE DELINQUENCY RECORD AND MENTAL HEALTH CHECK
    25     OF THE OFFICER FROM THE PENNSYLVANIA STATE POLICE. FOR EACH
    26     REQUEST, THE SHERIFF SHALL COLLECT A FEE EQUIVALENT TO THE
    27     COST OF PROVIDING THE SERVICE BUT NOT TO EXCEED $5 PER
    28     REQUEST. THE FEES COLLECTED SHALL BE TRANSMITTED TO THE
    29     PENNSYLVANIA STATE POLICE WITHIN 14 DAYS OF COLLECTION. THE
    30     SHERIFF SHALL KEEP A COPY OF THE UNIQUE APPROVAL NUMBER.
    20050H1057B2948                  - 6 -     

     1         (3)  A UNIQUE APPROVAL NUMBER PROVIDED BY THE
     2     PENNSYLVANIA STATE POLICE WITHIN THE LAST FOUR YEARS TO THE
     3     SHERIFF FOR THE PURPOSES OF PARAGRAPH (2).
     4     (d) (E)  Blank qualification cards.--The Commission shall      <--
     5  make available blank qualification cards for use by certified
     6  law enforcement firearms instructors and may charge a reasonable
     7  fee, not to exceed $2, for each blank qualification card.
     8     (F)  IMMUNITY.--A SHERIFF WHO COMPLIES IN GOOD FAITH WITH      <--
     9  THIS SECTION SHALL BE IMMUNE FROM LIABILITY RESULTING OR ARISING
    10  FROM THE ACTION OR MISCONDUCT WITH A FIREARM COMMITTED BY AN
    11  OFFICER WHO HAS BEEN PROVIDED A CONFIRMATION NUMBER FROM THE
    12  SHERIFF.
    13     (G)  DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
    14  "SHERIFF" SHALL MEAN:
    15         (1)  THE SHERIFF OF A COUNTY; OR
    16         (2)  IN A CITY OF THE FIRST CLASS, THE CHIEF OR HEAD OF
    17     THE POLICE DEPARTMENT.
    18  SECTION 6.  RETURN OF QUALIFICATION CARD.
    19     (A)  DUTY TO SURRENDER.--
    20         (1)  IF A RETIRED LAW ENFORCEMENT OFFICER BECOMES LEGALLY
    21     INELIGIBLE TO RECEIVE, POSSESS, USE, MANUFACTURE, CONTROL,
    22     SELL OR TRANSFER A FIREARM, THE INDIVIDUAL SHALL SURRENDER
    23     HIS QUALIFICATION CARD WITHIN FIVE DAYS TO THE SHERIFF WHO
    24     PROVIDED THE CONFIRMATION NUMBER UNDER SECTION 5.
    25         (2)  A QUALIFICATION CARD SHALL BE DEEMED TIMELY MAILED
    26     IF IT IS SENT BY CERTIFIED MAIL AND POSTMARKED WITHIN THE
    27     FIVE-DAY PERIOD.
    28         (3)  THE SHERIFF SHALL DESIGNATE ONE ADDRESS FOR THE
    29     RECEIPT OF SURRENDERED QUALIFICATION CARDS BY MAIL.
    30         (4)  WITHIN TEN DAYS OF THE SURRENDER OF A QUALIFICATION
    20050H1057B2948                  - 7 -     

     1     CARD, THE SHERIFF SHALL NOTIFY THE PENNSYLVANIA STATE POLICE
     2     BY ELECTRONIC MAIL OR FACSIMILE OF THE IDENTITY OF THE
     3     OFFICER WHO HAS SURRENDERED THE QUALIFICATION CARD.
     4     (B)  VIOLATION.--AN INDIVIDUAL WHO KNOWINGLY AND
     5  INTENTIONALLY FAILS TO SURRENDER HIS QUALIFICATION CARD AS
     6  PROVIDED IN SUBSECTION (A) COMMITS AN OFFENSE.
     7     (C)  GRADING.--AN OFFENSE UNDER SUBSECTION (B) CONSTITUTES A
     8  SUMMARY OFFENSE.
     9  SECTION 7.  RULES AND REGULATIONS.
    10     THE COMMISSION SHALL, IN THE MANNER PROVIDED BY LAW,
    11  PROMULGATE THE RULES AND REGULATIONS NECESSARY TO CARRY OUT THE
    12  PROVISIONS OF THIS ACT.
    13  SECTION 8.  PUBLIC RECORDS.
    14     INFORMATION PROVIDED OR MAINTAINED PURSUANT TO THIS ACT SHALL
    15  BE CONFIDENTIAL AND SHALL NOT BE DEEMED A PUBLIC RECORD SUBJECT
    16  TO DISCLOSURE UNDER THE ACT OF JUNE 21, 1957 (P.L.390, NO.212),
    17  REFERRED TO AS THE RIGHT-TO-KNOW LAW.
    18  Section 6 9.  Construction.                                       <--
    19     Nothing in this act shall be construed to abrogate either the
    20  sovereign immunity or governmental immunity of a law enforcement
    21  agency pursuant to 42 Pa.C.S. Ch. 85 (relating to matters
    22  affecting government units). A retired law enforcement officer
    23  shall not be considered an employee of any law enforcement
    24  agency in this Commonwealth.
    25  Section 7 10.  Effective date.                                    <--
    26     This act shall take effect in 60 days.



    B16L53DMS/20050H1057B2948        - 8 -
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