H1910B2658A06222 MAB:EJH 06/12/20 #90 A06222
AMENDMENTS TO HOUSE BILL NO. 1910
Sponsor: REPRESENTATIVE DAWKINS
Printer's No. 2658
Amend Bill, page 1, line 1, by inserting after "Procedure)"
, 44 (Law and Justice)
Amend Bill, page 1, line 5, by inserting after "examination;"
in other officers, providing for mental health evaluations;
Amend Bill, page 2, by inserting between lines 9 and 10
Section 2. Title 44 is amended by adding a chapter to read:
CHAPTER 72
MENTAL HEALTH EVALUATIONS
Subchapter
A. Preliminary Provisions
B. General Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
7201. Scope of chapter.
7202. Definitions.
§ 7201. Scope of chapter.
This chapter relates to mental health evaluations for law
enforcement officers.
§ 7202. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative duty." An administrative law enforcement
duty that is designed to limit a law enforcement officer's day-
to-day work-related interactions with the public.
"Law enforcement agency." Any of the following:
(1) A police department of a county, city, borough,
incorporated town or township.
(2) A county district attorney's office.
"Law enforcement officer." An individual employed by a law
enforcement agency who is required to be trained under 53
Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
and training).
"Post-traumatic stress disorder." A post-traumatic stress
disorder as defined by a mental order characterized by direct
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exposure to a traumatic event as identified by the American
Psychiatric Association and documented in the American
Psychiatric Association's Diagnostic and Statistical Manual of
Mental Disorders, 5th edition.
SUBCHAPTER B
GENERAL PROVISIONS
Sec.
7203. Mental health evaluations for law enforcement officers.
7204. Regulations.
§ 7203. Mental health evaluations for law enforcement officers.
(a) Evaluations.--As a condition of continued employment,
and without cost to the law enforcement officer, a law
enforcement agency shall provide a law enforcement officer with
a mental health evaluation for post-traumatic stress disorder by
a licensed mental health professional:
(1) upon request of the law enforcement officer;
(2) upon recommendation of a police chief or other
supervising law enforcement officer; or
(3) within 30 days of an incident of the use of lethal
force during the course of law enforcement duties.
(b) Treatment.--If a licensed mental health professional
determines during the mental health evaluation under subsection
(a) that a law enforcement officer has symptoms of post-
traumatic stress disorder, the law enforcement officer shall be
provided with treatment under a licensed physician's care until
the licensed physician determines in writing that the law
enforcement officer is able to resume full duties.
(c) Administrative duty.--A law enforcement officer shall be
assigned to administrative duty if the law enforcement officer:
(1) fails to undergo a mental health evaluation for
post-traumatic stress disorder when required under subsection
(a);
(2) is experiencing symptoms of post-traumatic stress
disorder as determined by a licensed mental health
professional under subsection (a); or
(3) is receiving treatment by a licensed physician under
subsection (b).
§ 7204. Regulations.
(a) Temporary regulations.--In order to facilitate the
prompt implementation of this chapter, the commission shall
promulgate temporary regulations within six months of the
effective date of this section that shall expire not later than
two years following the publication of the temporary
regulations. The department shall promulgate temporary
regulations not subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(3) Sections 204(b) and 301(10) of the act of October
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15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(b) Publication.--The department shall transmit temporary
regulations to the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin no later than six months after the
effective date of this section.
(c) Promulgation.--The commission shall, by regulation
including temporary regulation, establish procedures to
guarantee the following:
(1) Confidentiality of requests or recommendations for
mental health evaluations.
(2) Confidentiality of mental health records produced by
operation of this chapter.
(3) Any other procedure deemed necessary by the
commission for implementation of this chapter.
Amend Bill, page 2, line 10, by striking out "2" and
inserting
3
Amend Bill, page 2, lines 10 and 11, by striking out "a
paragraph" and inserting
paragraphs
Amend Bill, page 2, line 26, by striking out all of said line
and inserting
(18) To train police officers in trauma informed care
and with respect to recognizing and interacting with
individuals with post-traumatic stress disorder, including
intervening with or on behalf of other police officers
exhibiting post-traumatic stress disorder.
Section 4. This act shall take effect as follows:
(1) The following shall take effect in 60 days:
(i) The amendment of 42 Pa.C.S. § 3113(b).
(ii) The addition of 53 Pa.C.S. §§ 2164(17) and
(18).
(iii) The addition of 44 Pa.C.S. § 7204.
(2) The addition of 44 Pa.C.S. §§ 7201, 7202 and 7203
shall take effect in one year.
(3) The remainder of this act shall take effect
immediately.
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