H0462B0430A02476 MAB:EJH 10/12/23 #90 A02476
AMENDMENTS TO HOUSE BILL NO. 462
Sponsor: REPRESENTATIVE BRIGGS
Printer's No. 430
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles
Amend Bill, page 1, line 1, by inserting after "Justice)"
and 53 (Municipalities Generally)
Amend Bill, page 1, line 3, by striking out the period after
"enforcement" and inserting
; and, in employees, providing for use of force recordkeeping
and reporting for law enforcement agencies.
Amend Bill, page 2, by inserting between lines 21 and 22
Section 2. The heading of Subchapter B of Chapter 21 of
Title 53 is amended to read:
SUBCHAPTER B
[(Reserved)]
USE OF FORCE
RECORDKEEPING AND REPORTING
FOR LAW ENFORCEMENT AGENCIES
Section 3. Subchapter B of Chapter 21 of Title 53 is amended
by adding sections to read:
§ 2131 . Policy.
It is the policy of the Commonwealth to provide law
enforcement agencies with recordkeeping and reporting
requirements regarding the use of force and deadly force by law
enforcement officers.
§ 2132 . 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:
"Commission." The Municipal Police Officers' Education and
Training Commission.
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Force." Efforts used by a law enforcement officer that may
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result in s erious bodily injury or death when used to:
(1) Effectuate an arrest.
(2) Overcome resistance or threatened resistance to
e ffectuate 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.
§ 2133 . Recordkeeping.
(a) General rule.--Each law enforcement agency shall
maintain records of all incidents involving a use of force by a
law enforcement officer .
(b) Procedure.--The commissioner, in consultation with the
Pennsylvania Chiefs of Police Association and the Fraternal
Order of Police, shall develop a reporting mechanism each law
enforcement agency must comply with and submit records of all
use of force incidents. The commissioner, with the approval of
the commission, shall determine the most efficient and least
burdensome procedure for which this reporting requirement shall
be implemented, administered and maintained. This procedure may
be incorporated at the discretion of the commissioner within
existing or forthcoming uniform crime reporting functions,
including a national incident-based reporting system.
(c) Content.--The report shall include the following
information:
(1) Reason for use of force.
(2) Personal injuries, if any.
(3) Property damage, if any.
(4) Deaths, if any.
(5) Suspect information, including statute violations
and apprehension status of the suspect.
(d) Implementation.--The commissioner may implement the
reporting requirements to coincide with the timing of the
implementation of a national incident-based reporting system
within this Commonwealth.
§ 2134 . Pennsylvania State Police report.
(a) Annual report.--The Pennsylvania State Police shall
compile data sent by individual agencies on an annual basis. The
Pennsylvania State Police shall make an annual report based on
Statewide data to the Office of Attorney General, the Judiciary
Committee of the Senate, the Judiciary Committee of the House of
Representatives and the Law and Justice Committee of the Senate.
(b) Contents.--The Statewide report shall include the
following information:
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(1) Statewide aggregations of information collected
under section 2133(c) (relating to recordkeeping).
(2) The total number and percentage of incidents
involving the use of force.
(3) The total number and percentage of incidents
involving the use of force resulting in serious bodily
injury.
(4) The total number and percentage of incidents
involving the use of force resulting in death.
(c) Submission of annual report.--The Pennsylvania State
Police shall submit the first annual report after the first full
calendar year of data collection.
Amend Bill, page 2, line 22, by striking out "2" and
inserting
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See A02476 in
the context
of HB0462