S1205B1793A06372 NAD:JSL 06/22/20 #90 A06372
AMENDMENTS TO SENATE BILL NO. 1205
Sponsor: SENATOR A. WILLIAMS
Printer's No. 1793
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Amending Title 53 (Municipalities Generally) of the
Pennsylvania Consolidated Statutes, in employees, providing
for use of force and deadly force model policy for law
enforcement agencies.
Amend Bill, page 1, lines 6 through 18; page 2, lines 1
through 21; by striking out all of said lines on said pages and
inserting
Section 1. The heading of Subchapter C of Chapter 21 of
Title 53 of the Pennsylvania Consolidated Statutes is amended to
read:
SUBCHAPTER C
[(Reserved)]
USE OF FORCE AND DEADLY FORCE MODEL POLICY
FOR LAW ENFORCEMENT AGENCIES
Section 2. Subchapter C of Chapter 21 of Title 53 is amended
by adding sections to read:
§ 2141. Policy.
It is the policy of the Commonwealth to provide law
enforcement agencies and law enforcement officers with clear
guidelines and training regarding the use of force and deadly
force.
§ 2142. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bodily injury." Impairment of physical condition or
substantial pain.
"Choke hold." A physical maneuver that restricts an
individual's ability to breathe for the purposes of
incapacitation.
"Commission." The Municipal Police Officers' Education and
Training Commission.
"Commissioner." The Commissioner of Pennsylvania State
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Police.
"Deadly force." Force which, under the circumstances in
which it is used, is readily capable of causing death or serious
bodily injury.
"Force." Efforts used by an officer that may result in
serious bodily injury or death when used to:
(1) Effectuate an arrest.
(2) Overcome resistance or threatened resistance to
effectuate an arrest.
(3) Protect the arresting officer or any other person
from injury or death.
"Law enforcement agency." A law enforcement agency in this
Commonwealth that is the employer of a law enforcement officer.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" under 18 Pa.C.S. § 501
(relating to definitions).
"Serious bodily injury." Bodily injury that creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of a bodily member or organ.
"Weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly appropriate for
lawful uses which it may have. The term includes a firearm which
is not loaded or lacks a clip or other component to render it
immediately operable, and components which can readily be
assembled into a weapon.
§ 2143. Written policies required.
(a) General rule.--Each law enforcement agency shall develop
and implement a written use of force policy governing the
procedures under which a law enforcement officer should
initiate, continue and terminate the use of force. This policy
may be the model policy endorsed by a national or State
organization or association that is consistent with the
requirements of this subchapter. The written policy shall
reflect consideration of the guidelines under this section.
(b) Intent of guidelines.--The guidelines under this section
are solely intended to direct agencies in developing use of
force policies and outline the content of these policies. The
guidelines contained in this section are not intended to mandate
the actions of individual law enforcement officers.
(c) Policy guidelines.--Each agency policy shall be
consistent with current training and certification standards and
include the following procedural elements:
(1) Decision-making criteria or principles for
initiation of force. These criteria or principles may
include, but are not limited to:
(i) The severity of the crime at issue.
(ii) Whether the suspect poses an immediate threat
to the safety of the law enforcement officer or others.
(iii) The potential for harm or immediate or
potential danger to others if the fleeing individual or
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individuals escape.
(iv) Whether the suspect is actively resisting
arrest or attempting to evade arrest by flight.
(v) Safety factors that pose a risk to law
enforcement officers and other persons.
(vi) Whether the suspect is in possession of a
weapon.
(vii) Other relevant information that the law
enforcement officer reasonably believes to be true at the
time.
(2) Responsibilities of the law enforcement officers.
(3) Responsibilities of the field supervisor.
(4) Decision-making criteria or principles for
termination of force. These criteria or principles may
include safety factors that pose a risk to law enforcement
officers and other persons.
(5) Recordkeeping protocols for use of force incidents.
(d) Policy requirements.--Each agency policy shall prohibit
the use of choke holds by law enforcement officers except in
cases in which deadly force is authorized.
(e) Training governing use of force.--Before carrying a
weapon, each law enforcement officer shall receive training and
instruction with regard to the proper use of force and to the
agency's policies and statutes with regard to force. The
training and instruction shall continue on an annual basis and
may include the following criteria:
(1) Each law enforcement officer shall carry and use
only authorized weapons unless circumstances exist which pose
an immediate threat to the safety of the law enforcement
officer or the public requiring the use of a weapon or object
that has not been authorized to counter a threat.
(2) With agency approval, law enforcement officers may
modify, alter or cause to be altered an authorized weapon in
the law enforcement officer's possession or control.
(3) A law enforcement officer should use discretion to
determine reasonable force options to bring a suspect under
control. A law enforcement officer is not required to first
attempt using types and degrees of force that reasonably
appear to be inadequate to accomplish the intended objective.
(4) A law enforcement officer may announce the intention
to use reasonable force.
(5) A law enforcement officer should consider whether it
is reasonably prudent to use de-escalation and harm reduction
techniques.
(f) Biennial certification.--Every other year, the
commission shall certify whether each agency has a use of force
policy in effect. The commission shall provide the Pennsylvania
State Police with a list of those agencies that have or have not
notified or certified to the commission that the agency has a
use of force policy. The biennial certification may be
implemented simultaneously with other certifications conducted
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by the commission.
(g) Policy availability.--A policy adopted under this
section shall be made available to the general public upon
request and shall be posted on a publicly accessible Internet
website maintained by the law enforcement agency.
(h) Limitations.--A law enforcement agency policy must be
consistent with the requirements of 18 Pa.C.S. Ch. 5 (relating
to general principles of justification).
Section 3. This act shall take effect in 60 days.
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