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SENATE AMENDED
PRIOR PRINTER'S NOS. 2173, 2509
PRINTER'S NO. 4029
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1538
Session of
2015
INTRODUCED BY WHITE, READSHAW, BAKER, BARRAR, BENNINGHOFF,
BLOOM, CORBIN, DAY, DiGIROLAMO, EVERETT, FARRY, FEE,
GINGRICH, GREINER, GROVE, HEFFLEY, IRVIN, JOZWIAK, KAUFFMAN,
MARSHALL, MILNE, MURT, O'NEILL, D. PARKER, PETRI, QUIGLEY,
M. QUINN, RADER, REGAN, SANTORA, SAYLOR, SONNEY, TALLMAN,
TAYLOR, TOEPEL, TOOHIL, VEREB, WARD, WARNER, ZIMMERMAN,
BIZZARRO, BOYLE, D. COSTA, DAVIS, DRISCOLL, KORTZ, NEILSON,
YOUNGBLOOD, SACCONE, FLYNN, WHEELAND, GABLER, DELOZIER, ROAE,
CUTLER, HARPER, BARBIN AND RAPP, SEPTEMBER 11, 2015
SENATOR McILHINNEY, LAW AND JUSTICE, IN SENATE, AS AMENDED,
OCTOBER 17, 2016
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)
Subchapter B
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General Provisions
Sec.
511. Release of law enforcement officer information when
firearm discharged or use of force.
ยง 511. Release of law enforcement officer information when
firearm discharged or use of force.
(a) General rule.--Pending the conclusion of an official
investigation that involves 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, the name and
identifying information of the law enforcement officer may not
be released to the public by any public official or public
employee conducting or participating in the official
investigation or any person acting on behalf of such public
official or public employee.
(b) Conclusion of official investigation.--After the
official investigation concludes:
(1) The law enforcement officer's name and identifying
information shall be released to the public if the law
enforcement officer is charged with a criminal offense
relating to the discharge of the firearm or use of force. The
release of the information must occur in accordance with
applicable law.
(2) If the law enforcement officer is not charged with a
criminal offense relating to the discharge of the firearm or
the use of force, the law enforcement officer's name and
identifying information may not be released to the public, if
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
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enforcement officer.
(c) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Immediate family member." The spouse, child, parent or
sibling of a law enforcement officer.
"Law enforcement officer." The term shall have the meaning
given to the term "peace officer" in section 501 (relating to
definitions).
(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
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OF THE INVESTIGATION IF THE LAW ENFORCEMENT OFFICER IS
CHARGED WITH A CRIMINAL OFFENSE ARISING OUT OF THE DISCHARGE
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 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.
(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 THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY'S OFFICE.
(D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "LAW
ENFORCEMENT OFFICER" HAS THE MEANING GIVEN TO THE TERM "PEACE
OFFICER" IN 18 PA.C.S. ยง 501 (RELATING TO DEFINITIONS).
Section 2. This act shall take effect in 60 days.
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