SENATE AMENDED
PRIOR PRINTER'S NOS. 2497, 2714, 3764 PRINTER'S NO. 3806
No. 1945 Session of 1975
INTRODUCED BY MR. ECKENSBERGER, NOVEMBER 24, 1975
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, NOVEMBER 8, 1976
AN ACT
1 Amending the act of October 10, 1974 (P.L.705, No.235), entitled
2 "An act providing for the training and licensing of watch
3 guards, protective patrolmen, detectives and criminal
4 investigators, carrying and using lethal weapons in their
5 employment; imposing powers and duties on the Commissioner of
6 the Pennsylvania State Police; and providing penalties,"
7 extending the effective date. GRANTING AN EXEMPTION; CERTAIN <--
8 EXEMPTIONS; CHANGING A DEFINITION, DEFINITIONS, AND FURTHER <--
9 PROVIDING FOR THE POWERS AND DUTIES OF THE COMMISSIONER.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 3, act of October 10, 1974 (P.L.705, <--
13 No.235), known as the "Lethal Weapons Training Act," is amended
14 to read:
15 Section 3. Definitions.--As used in this act:
16 "Commissioner" means the Commissioner of the Pennsylvania
17 State Police.
18 "Lethal weapons" include but are not limited to firearms
19 [mace] and other weapons calculated to produce death or serious
20 bodily harm, [A concealed billy club is a lethal weapon.] but
21 the term shall not include mace or billy clubs.
1 "Privately employed agents" include any person employed for
2 the purpose of providing watch guard, protective patrol,
3 detective or criminal investigative services either for another
4 for a fee or for his employer. Privately employed agents do not
5 include local, State or Federal Government employees.
6 For the education and training purposes of this act,
7 privately employed agents shall be classified as follows with
8 duties and education and prescribed training status:
9 Class Duties Education and Training
10 Required
11 1 Those who carry weapons Full program prescribed
12 in connection with duties
13 2 Security guards who do not All training except
14 carry weapons but deal lethal weapons training
15 with people
16 3 Nightwatchmen; all pri- Exempt; taking part or
17 vately employed agents all of course voluntarily
18 who have had the training
19 and education prescribed
20 and can furnish proof
21 thereof
22 "Program" means the education and training program
23 established and administered or approved by the commissioner in
24 accordance with this act.
25 Section 2. Section 11 of the act, amended July 25, 1975
26 (No.52), is amended to read:
27 Section 11. Effective Date.--Sections 1, 2, 3, subsections
28 (a), (b) and (c) of section 4, sections 5, 6, 7, subsections
29 (a), (b) and (c) of section 8, and sections 9 and 10 of this act
30 shall take effect [December 31, 1975] July 1, 1976.
19750H1945B3806 - 2 -
1 Section 3. This act shall take effect immediately.
2 SECTION 1. THE DEFINITION OF THE TERM DEFINITIONS OF THE <--
3 TERMS "LETHAL WEAPONS" AND "PRIVATELY EMPLOYED AGENTS" OF
4 SECTION 3, ACT OF OCTOBER 10, 1974 (P.L.705, NO.235), KNOWN AS
5 THE "LETHAL WEAPONS TRAINING ACT," IS ARE AMENDED TO READ: <--
6 SECTION 3. DEFINITIONS.--AS USED IN THIS ACT:
7 * * *
8 "LETHAL WEAPONS" INCLUDE BUT ARE NOT LIMITED TO FIREARMS[,
9 MACE] AND OTHER WEAPONS CALCULATED TO PRODUCE DEATH OR SERIOUS
10 BODILY HARM. A CONCEALED BILLY CLUB IS A LETHAL WEAPON. THE
11 CHEMICAL MACE OR ANY SIMILAR SUBSTANCE SHALL NOT BE CONSIDERED
12 AS "LETHAL WEAPONS" FOR THE PURPOSES OF THIS ACT.
13 "PRIVATELY EMPLOYED AGENTS" INCLUDE ANY PERSON EMPLOYED FOR
14 THE PURPOSE OF PROVIDING WATCH GUARD, PROTECTIVE PATROL,
15 DETECTIVE OR CRIMINAL INVESTIGATIVE SERVICES EITHER FOR ANOTHER
16 FOR A FEE OR FOR HIS EMPLOYER. PRIVATELY EMPLOYED AGENTS DO NOT
17 INCLUDE LOCAL, STATE OR FEDERAL GOVERNMENT EMPLOYEES OR THOSE
18 POLICE OFFICERS COMMISSIONED BY THE GOVERNOR UNDER THE ACT OF
19 FEBRUARY 27, 1865 (P.L.225, NO.228).
20 * * *
21 SECTION 2. SUBSECTION (B) OF SECTION 4 OF THE ACT IS AMENDED
22 TO READ:
23 SECTION 4. EDUCATION AND TRAINING PROGRAM.--* * *
24 (B) ALL PRIVATELY EMPLOYED AGENTS, EXCEPT THOSE WHO HAVE
25 BEEN GRANTED A WAIVER FROM COMPLIANCE HEREWITH BY THE
26 COMMISSIONER WHO, AS AN INCIDENCE TO THEIR EMPLOYMENT, CARRY A
27 LETHAL WEAPON SHALL BE REQUIRED TO ATTEND THE PROGRAM
28 ESTABLISHED BY SUBSECTION (A) OF THIS SECTION IN ACCORDANCE WITH
29 THE REQUIREMENTS OR REGULATIONS ESTABLISHED BY THE COMMISSIONER
30 AND, UPON SATISFACTORY COMPLETION OF SUCH PROGRAM, SHALL BE
19750H1945B3806 - 3 -
1 ENTITLED TO CERTIFICATION BY THE COMMISSIONER.
2 * * *
3 SECTION 3. SECTION 5 OF THE ACT IS AMENDED BY ADDING CLAUSES
4 TO READ:
5 SECTION 5. POWER AND DUTIES OF COMMISSIONER.--THE
6 COMMISSIONER SHALL HAVE THE POWER AND DUTY:
7 * * *
8 (11) TO GRANT WAIVERS FROM COMPLIANCE WITH THE PROVISIONS OF
9 THIS ACT APPLICABLE TO PRIVATELY EMPLOYED AGENTS WHO HAVE
10 COMPLETED A COURSE OF INSTRUCTION IN A TRAINING PROGRAM APPROVED
11 BY THE COMMISSIONER.
12 (12) TO CONDUCT BACKGROUND INVESTIGATIONS OF PERSONS
13 APPLYING FOR CERTIFICATES OF QUALIFICATION TO DETERMINE THEIR
14 FITNESS AS PRIVATELY EMPLOYED AGENTS.
15 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
K19L50RLC/19750H1945B3806 - 4 -