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PRINTER'S NO. 1529
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1176
Session of
2017
INTRODUCED BY D. MILLER, JOZWIAK, D. COSTA, BOYLE, MILLARD,
SOLOMON, RYAN, DRISCOLL, O'BRIEN, KINSEY, V. BROWN, GAINEY
AND FARRY, APRIL 24, 2017
REFERRED TO COMMITTEE ON HEALTH, APRIL 24, 2017
AN ACT
Providing for a concussion protocol to protect law enforcement
officers in Pennsylvania.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Law
Enforcement Concussion Safety Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Concussion protocol." A plan that:
(1) requires education on concussions for law
enforcement officers;
(2) specifies law enforcement officer responsibilities
when a head impact or head injury occurs while on the job;
(3) specifies the required supportive actions of police
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departments after a head impact or head injury occurs; and
(4) supports the subsequent medical recommendations of
medical staff regarding a head impact or head injury.
"Correctional institution." A State correctional institution
or a county correctional institution.
"Corrections officer." A person employed at a correctional
institution to provide a security or custodial service for
inmates.
"County correctional institution." A correctional facility,
prison or jail owned or operated by a county.
"Inmate." An individual committed to a term of imprisonment
or otherwise confined under the custody of the Commonwealth or a
county in a correctional institution in accordance with law.
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) A sheriff or deputy sheriff.
(3) A constable or deputy constable.
(4) A police officer for a municipality.
(5) A peace officer.
(6) A public servant concerned in the official detention
of an individual.
(7) A corrections officer.
(8) Any other individual classified as a law enforcement
officer of the Commonwealth or a political subdivision of the
Commonwealth.
"Municipality." A county, city, borough, incorporated town
or township.
"Official detention." As defined under 18 Pa.C.S. § 5121
(relating to escape).
"Peace officer." As defined under 18 Pa.C.S. § 501 (relating
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to definitions).
"Police department." A public agency of the Commonwealth or
a political subdivision of the Commonwealth having general
police powers and charged with making arrests in connection with
the enforcement of criminal or traffic laws.
"Police officer." A full-time or part-time employee assigned
to criminal or traffic law enforcement duties of a police
department of a municipality.
"State correctional institution." A correctional facility,
prison or jail owned or operated by the Commonwealth.
Section 3. Concussion protocol.
(a) Requirement.--Each law enforcement officer employed by a
police department shall abide by the concussion protocol
formalized under this section.
(b) Development.--
(1) The Pennsylvania State Police shall develop a
concussion protocol which will be used by each police
department to protect each law enforcement officer who
suffers or may have suffered from a head impact or head
injury while on the job.
(2) The concussion protocol shall be developed in
consultation with:
(i) The Pennsylvania Sheriffs' Association.
(ii) The Pennsylvania Chiefs of Police Association.
(iii) Union representatives of law enforcement
officers.
(iv) Appropriate State agencies that have expertise
in the area of traumatic brain injury.
(c) Deadline.--The concussion protocol shall be developed
and made public no later than 180 days after the effective date
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of this act.
Section 4. Duties of Pennsylvania State Police.
(a) Accessibility.--The Pennsylvania State Police shall post
and maintain the concussion protocol formalized under section 3
in a downloadable format on the publicly accessible Internet
website of the Pennsylvania State Police.
(b) Updates.--The Pennsylvania State Police shall review the
concussion protocol for possible medical update at least once
every five years and:
(1) at the discretion of the Commissioner of the
Pennsylvania State Police; or
(2) upon receipt of a written request by any of the
following:
(i) The Pennsylvania Sheriffs' Association.
(ii) The Pennsylvania Chiefs of Police Association.
(iii) Union representatives of law enforcement
officers.
(iv) The Physician General of the Commonwealth.
Section 5. Minimum standard.
Nothing in this act is intended to limit the implementation
of additional protections for law enforcement officers regarding
head impacts or head injuries while on the job.
Section 6. Effective date.
This act shall take effect immediately.
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