PRINTER'S NO. 1477
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. B15L42JLW/19890H1284B1477 - 2 -