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                                                      PRINTER'S NO. 1477

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1284 Session of 1989


        INTRODUCED BY KONDRICH, CALTAGIRONE, MOEHLMANN, ALLEN, ANGSTADT,
           ARGALL, BELARDI, BIRMELIN, BLAUM, BOYES, BUSH, CAWLEY,
           CESSAR, CHADWICK, D. F. CLARK, J. H. CLARK, CLYMER, COLAIZZO,
           CORNELL, COWELL, DAVIES, DeLUCA, DEMPSEY, DIETTERICK,
           DISTLER, DOMBROWSKI, DORR, FARGO, FEE, FOX, GEIST, GIGLIOTTI,
           GODSHALL, GRUPPO, HAGARTY, HALUSKA, HAYDEN, HAYES, HERMAN,
           HOWLETT, JACKSON, JADLOWIEC, JOHNSON, KASUNIC, KENNEY,
           KOSINSKI, LaGROTTA, LASHINGER, LEVDANSKY, LLOYD, MAIALE,
           MARKOSEK, MARSICO, MAYERNIK, McVERRY, MELIO, MERRY, MICOZZIE,
           MILLER, MORRIS, MRKONIC, NAHILL, NAILOR, PICCOLA, PITTS,
           PRESSMANN, RAYMOND, ROBBINS, ROBINSON, SAURMAN, SCHEETZ,
           SCHULER, SEMMEL, SERAFINI, S. H. SMITH, D. W. SNYDER,
           STABACK, STEIGHNER, STUBAN, TANGRETTI, E. Z. TAYLOR, THOMAS,
           TIGUE, TRELLO, WAMBACH, WESTON, WOGAN, J. L. WRIGHT, BURD,
           LANGTRY, F. TAYLOR, NOYE AND O'BRIEN, APRIL 24, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 24, 1989

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     Statewide municipal police jurisdictions.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 8953(d) of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 8953.  Statewide municipal police jurisdiction.
     9     * * *
    10     (d)  Immunities and benefits preserved.--Any municipal police
    11  officer who exercises any power or authority granted under this
    12  section, and the employing municipality of the police officer,

     1  shall have the same immunities from liability as would be
     2  applicable if the actions were performed within the territorial
     3  boundaries of the officer's primary jurisdiction and the police
     4  officer shall be entitled to the same benefits of employment as
     5  the officer would possess if acting solely within his primary
     6  jurisdiction. However, when any municipal police officer is
     7  responding to a request for aid or assistance from a State law
     8  enforcement officer pursuant to subsection (a)(3) for purposes
     9  of workers' compensation and allocation of liability for any
    10  death, injury or damage he may cause in the performance of his
    11  requested duties, he shall be considered to be an employee of
    12  the Commonwealth. All costs incurred by any municipality in the
    13  defense of lawsuits arising from the performance of any
    14  requested duties shall be borne by the Commonwealth. The
    15  Commonwealth shall provide attorneys to defend any lawsuits
    16  arising under this section. For purposes of compensation,
    17  pension or indemnity fund rights and other rights and benefits
    18  to which he may be entitled, the municipal officer shall be
    19  considered to be performing his duties in his normal capacity as
    20  a municipal law enforcement officer. Nothing in this section
    21  shall be construed to restrict the authority of any municipality
    22  to limit the exercise of any power or authority conferred on its
    23  police by this section.
    24     * * *
    25     Section 2.  This act shall take effect in 60 days.




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