HOUSE AMENDED
PRIOR PRINTER'S NOS. 329, 2419 PRINTER'S NO. 2552
No. 313 Session of 1993
INTRODUCED BY CORMAN, STOUT, SHUMAKER, HOLL, SCHWARTZ, HART,
GREENLEAF, RHOADES AND LEMMOND, FEBRUARY 1, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 21, 1994
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes, further
3 providing for distribution of fines, etc. AND FOR <--
4 FORFEITURES; and regulating pursuit of vehicles by police; <--
5 AND FURTHER PROVIDING FOR THE DISPOSITION OF FINES IMPOSED
6 FOR VIOLATIONS OF TITLE 75 INVOLVING SNOWMOBILES.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 3571(a), (b) and (e), 3572 and 3573, <--
10 3573 AND 6801(H) AND (I) of Title 42 of the Pennsylvania
11 Consolidated Statutes are amended to read:
12 § 3571. Commonwealth portion of fines, etc.
13 (a) General rule.--Except as otherwise provided by statute,
14 the Commonwealth shall be entitled to receive all fines,
15 forfeited[,] recognizances and other forfeitures imposed, lost
16 or forfeited, fees and costs which by law have heretofore been
17 paid or credited to, or which by statute are payable or
18 creditable to, the Commonwealth. Fees and charges in an
1 appellate court fixed pursuant to section 1725 (relating to
2 establishment of fees and charges) shall be paid into the State
3 Treasury. Unless otherwise expressly provided by the General
4 Appropriation Act, such fees and charges shall be credited to
5 the appropriation of the appellate court in which they were
6 received.
7 (b) Vehicle offenses.--
8 (1) All fines, forfeited[,] recognizances and other
9 forfeitures imposed, lost or forfeited in connection with
10 matters arising under Chapter 77 of Title 75 (relating to
11 snowmobiles) shall UNLESS OTHERWISE PROVIDED IN CHAPTER 77 OF <--
12 TITLE 75 be payable to the Commonwealth.
13 (2) Except as provided in [paragraph (4)] paragraphs (4) <--
14 and (5), when prosecution under any other provision of Title
15 75 (relating to vehicles) is the result of State Police
16 action, all fines, forfeited[,] recognizances and other
17 forfeitures imposed, lost or forfeited shall be payable to
18 the Commonwealth, for credit to the Motor License Fund. One-
19 half of the revenue shall be paid to municipalities in the
20 same ratio provided in section 4 of the act of June 1, 1956
21 (P.L.1944, No.655), relating to partial allocation of liquid
22 fuels and fuel use tax proceeds.
23 (3) Except as provided in section 3573 (relating to
24 municipal corporation portion of fines, etc.) and paragraph <--
25 (6), when prosecution under any other provision of Title 75
26 is the result of local police action, one-half of all fines,
27 forfeited[,] recognizances and other forfeitures imposed,
28 lost or forfeited shall be payable to the Commonwealth, for
29 credit to the Motor License Fund.
30 (4) When prosecution under 75 Pa.C.S. § 3731 (relating
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1 to driving under influence of alcohol or controlled
2 substance) is the result of State Police action, 50% of all
3 fines, forfeited[,] recognizances and other forfeitures
4 imposed, lost or forfeited shall be payable to the
5 Commonwealth, for credit to the Motor License Fund, and 50%
6 shall be payable to the county which shall be further divided
7 as follows:
8 (i) Fifty percent of the moneys received shall be
9 allocated to the appropriate county authority which
10 implements the county drug and alcohol program to be used
11 solely for the purposes of aiding programs promoting DRUG <--
12 ABUSE AND alcoholism prevention, education, treatment and
13 research. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE <--
14 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).
15 (ii) Fifty percent of the moneys received shall be
16 used for expenditures incurred for county jails, prisons,
17 workhouses and detention centers.
18 (5) When prosecution under 75 Pa.C.S. § 3733 (relating <--
19 to fleeing or attempting to elude police officer) is the
20 result of Pennsylvania State Police action, 50% of all fines,
21 forfeited recognizances and other forfeitures imposed, lost
22 or forfeited shall be payable to the Commonwealth for credit
23 to the Motor License Fund, and 50% shall be payable to the
24 Commonwealth for distribution to the Municipal Police
25 Officers' Education and Training Commission established under
26 the act of June 18, 1974 (P.L.359, No.120), referred to as
27 the Municipal Police Education and Training Law. The
28 Municipal Police Officers' Education and Training Commission
29 shall use these funds for the purposes of training police
30 officers in the area of vehicular pursuit, except that the
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1 commission shall be permitted to allocate not more than 10%
2 of the funds collected under this section to the Pennsylvania
3 State Police to carry out the provisions of 75 Pa.C.S. §
4 6343(c) (relating to pursuit record).
5 (6) When prosecution under 75 Pa.C.S. § 3733 is the
6 result of local police action, 50% of all fines, forfeited
7 recognizances and other forfeitures imposed, lost or
8 forfeited shall be payable to the municipal corporation under
9 which the local police are organized and 50% shall be payable
10 to the Commonwealth for distribution to the Municipal Police
11 Officers' Education and Training Commission. The commission
12 shall use these funds for the purposes of training law
13 enforcement officers in the area of vehicular pursuit, except
14 that the commission shall be permitted to allocate not more
15 than 10% of the funds collected under this section to the
16 Pennsylvania State Police to carry out the provisions of 75
17 Pa.C.S. § 6343(c).
18 (7) The Municipal Police Officers' Education and
19 Training Commission shall make an annual report to the
20 General Assembly which shall include the amount of funds it
21 received under paragraphs (5) and (6) and how the funds were
22 used.
23 * * *
24 (e) Other offenses.--Fines, forfeited[,] recognizances and
25 other forfeitures imposed, lost or forfeited under the following
26 provisions of law shall be payable to the Commonwealth:
27 18 Pa.C.S. § 7361 (relating to worldly employment or
28 business).
29 ACT OF DECEMBER 1, 1965 (P.L.988, NO.368), KNOWN AS THE <--
30 WEIGHTS AND MEASURES ACT OF 1965, WHEN THE PROCEEDING IS
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1 INSTITUTED BY AN AGENT OR EMPLOYEE OF THE DEPARTMENT OF
2 AGRICULTURE.
3 Act of November 26, 1978 (P.L.1375, No.325), known as the
4 ["]Dam Safety and Encroachments Act.["] <--
5 § 3572. County portion of fines, etc.
6 Except as otherwise provided in this subchapter, all fines,
7 forfeited[,] recognizances and other forfeitures imposed, lost
8 or forfeited and fees and costs collected in the court of common
9 pleas, or community court established for a judicial district
10 embracing a county, or in a magisterial district within the
11 county, or in the Philadelphia Municipal Court, shall be payable
12 to such county.
13 § 3573. Municipal corporation portion of fines, etc.
14 (a) General rule.--Except as otherwise provided by this
15 subchapter, all fines, forfeited[,] recognizances and other
16 forfeitures imposed, lost or forfeited for violation of any
17 ordinance of any municipal corporation, or which under any other
18 statute are to be paid to any specified municipal corporation,
19 shall be payable to such municipal corporation.
20 (b) Vehicle offenses.--
21 (1) When prosecution under the provisions of Title 75
22 (relating to vehicles) for parking is the result of local
23 police action, all fines, forfeited[,] recognizances and
24 other forfeitures imposed, lost or forfeited shall be payable
25 to the municipal corporation under which the local police are
26 organized.
27 (2) Except as provided in paragraph (3), when
28 prosecution under any other provision of Title 75 (except
29 Chapter 77 (relating to snowmobiles)) is the result of local
30 police action, one-half of all fines, forfeited[,]
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1 recognizances and other forfeitures imposed, lost or
2 forfeited shall be payable to the municipal corporation under
3 which the local police are organized.
4 (3) When prosecution under 75 Pa.C.S. § 3731 (relating
5 to driving under influence of alcohol or controlled
6 substance) is the result of local police action, 50% of all
7 fines, forfeited[,] recognizances and other forfeitures
8 imposed, lost or forfeited shall be payable to the municipal
9 corporation under which the local police are organized, and
10 50% shall be payable to the county which shall be further
11 divided as follows:
12 (i) Fifty percent of the moneys received shall be
13 allocated to the appropriate county authority which
14 implements the county drug and alcohol program to be used
15 solely for the purposes of aiding programs promoting DRUG <--
16 ABUSE AND alcoholism prevention, education, treatment and
17 research. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE <--
18 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).
19 (ii) Fifty percent of the moneys received shall be
20 used for expenditures incurred for county jails, prisons,
21 workhouses and detention centers.
22 (c) Summary offenses.--Fines, forfeited[,] recognizances and
23 other forfeitures imposed, lost or forfeited under the following
24 provisions of law shall, when any such offense is committed in a
25 municipal corporation, be payable to such municipal corporation:
26 (1) Under the following provisions of Title 18 (relating
27 to crimes and offenses):
28 Section 2709 (relating to harassment).
29 Section 3304 (relating to criminal mischief).
30 Section 3503 (relating to criminal trespass).
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1 Section 3929 (relating to retail theft).
2 Section 4105 (relating to bad checks).
3 Section 5503 (relating to disorderly conduct).
4 Section 5505 (relating to public drunkenness).
5 Section 5511 (relating to cruelty to animals).
6 Section 6308 (relating to purchase, consumption,
7 possession or transportation of intoxicating beverages).
8 Section 6501 (relating to scattering rubbish).
9 (2) Section 13, act of January 24, 1966 (1965 P.L.1535,
10 No.537), known as the ["]Pennsylvania Sewage Facilities
11 Act.["]
12 (d) Pittsburgh.--Except as otherwise provided in this
13 subchapter, all fines, forfeited[,] recognizances and other
14 forfeitures imposed, lost or forfeited in the Pittsburgh
15 Magistrates Court or the Pittsburgh Traffic Court shall be
16 payable to the City of Pittsburgh.
17 § 6801. LOSS OF PROPERTY RIGHTS TO COMMONWEALTH. <--
18 * * *
19 (H) AUTHORIZATION TO UTILIZE PROPERTY.--THE DISTRICT
20 ATTORNEY AND THE ATTORNEY GENERAL SHALL UTILIZE FORFEITED
21 PROPERTY OR PROCEEDS THEREOF FOR THE PURPOSE OF ENFORCING THE
22 PROVISIONS OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
23 COSMETIC ACT. IN APPROPRIATE CASES, THE DISTRICT ATTORNEY AND
24 THE ATTORNEY GENERAL MAY DESIGNATE PROCEEDS FROM FORFEITED
25 PROPERTY TO BE UTILIZED BY COMMUNITY-BASED DRUG AND CRIME-
26 FIGHTING PROGRAMS AND FOR RELOCATION AND PROTECTION OF WITNESSES
27 IN CRIMINAL CASES.
28 (I) ANNUAL AUDIT OF FORFEITED PROPERTY.--IT SHALL BE THE
29 RESPONSIBILITY OF EVERY COUNTY IN THIS COMMONWEALTH TO PROVIDE,
30 THROUGH THE CONTROLLER, BOARD OF AUDITORS OR OTHER APPROPRIATE
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1 AUDITOR AND THE DISTRICT ATTORNEY, AN ANNUAL AUDIT OF ALL
2 FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS SECTION. THE
3 AUDIT SHALL NOT BE MADE PUBLIC BUT SHALL BE SUBMITTED TO THE
4 OFFICE OF ATTORNEY GENERAL. THE COUNTY SHALL REPORT ALL
5 FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS SECTION AND
6 THE DISPOSITION THEREOF TO THE ATTORNEY GENERAL BY SEPTEMBER 30
7 OF EACH YEAR.
8 * * *
9 Section 2. Section 1508 of Title 75 is amended by adding a
10 subsection to read:
11 § 1508. Examination of applicant for driver's license.
12 * * *
13 (d) Police pursuit awareness.--The driver's manual shall
14 include a section summarizing the risks involved in fleeing or
15 attempting to elude a police officer. The section shall also
16 summarize the related penalties for a violation of section 3733
17 (relating to fleeing or attempting to elude police officer).
18 Section 3. Sections 1532(b)(1) and (3) and 3733 of Title 75
19 are amended to read:
20 § 1532. Revocation or suspension of operating privilege.
21 * * *
22 (b) Suspension.--
23 (1) The department shall suspend the operating privilege
24 of any driver for six months upon receiving a certified
25 record of the driver's conviction of or an adjudication of
26 delinquency based on any offense under the following
27 provisions:
28 Section 3367 (relating to racing on highways).
29 [Section 3733 (relating to fleeing or attempting to
30 elude police officer).]
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1 Section 3734 (relating to driving without lights to
2 avoid identification or arrest).
3 Section 3736 (relating to reckless driving).
4 Section 3743 (relating to accidents involving damage
5 to attended vehicle or property).
6 * * *
7 (3) The department shall suspend the operating privilege
8 of any driver for 12 months upon receiving a certified record
9 of the driver's conviction of section 3731 (relating to
10 driving under influence of alcohol or controlled substance)
11 or 3733 (relating to fleeing or attempting to elude police
12 officer) or an adjudication of delinquency based on section
13 3731 or 3733. The department shall suspend the operating
14 privilege of any driver for six months upon receiving a
15 certified record of a consent decree granted under 42 Pa.C.S.
16 Ch. 63 (relating to juvenile matters) based on section 3731
17 or 3733.
18 * * *
19 § 3733. Fleeing or attempting to elude police officer.
20 (a) Offense defined.--Any driver of a motor vehicle who
21 willfully fails or refuses to bring his vehicle to a stop, or
22 who otherwise flees or attempts to elude a pursuing [police <--
23 [vehicle] officer, when given visual or audible signal to bring <--
24 the vehicle to a stop, [is guilty of a summary offense and
25 shall, upon conviction, be sentenced to pay a fine of $200.]
26 commits a misdemeanor of the second degree. ANY DRIVER UPON <--
27 CONVICTION SHALL PAY AN ADDITIONAL FINE OF $500. THIS FINE SHALL
28 BE IN ADDITION TO AND NOT IN LIEU OF ALL OTHER FINES, COURT
29 EXPENSES, JAIL SENTENCES OR PENALTIES.
30 (A.1) DISPOSITION OF FINES, ETC.--THE FINES IMPOSED AND
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1 COLLECTED UNDER SUBSECTION (A) SHALL NOT BE SUBJECT TO 42
2 PA.C.S. § 3733 (RELATING TO DEPOSITS INTO ACCOUNT). THE FINES
3 IMPOSED AND COLLECTED UNDER SUBSECTION (A) SHALL BE DISTRIBUTED
4 IN THE MANNER PROVIDED IN 42 PA.C.S. § 3571(B)(2) AND (3)
5 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.).
6 (b) Signal by police officer.--The signal given by the
7 police officer may be by hand, voice, emergency lights or siren.
8 (c) Defenses.--It is a defense to a prosecution under this
9 section that the pursuing police vehicle was not clearly
10 identifiable by its markings or, if unmarked, was not occupied
11 by a police officer who was in uniform and displaying a badge or
12 other sign of authority.
13 Section 4. Chapter 63 of Title 75 is amended by adding a
14 subchapter to read:
15 CHAPTER 63
16 ENFORCEMENT
17 * * *
18 SUBCHAPTER C
19 PURSUIT OF VEHICLES
20 Sec.
21 6341. Definitions.
22 6342. Written policies required.
23 6343. Pursuit record RECORDS. <--
24 6344. Pennsylvania State Police report.
25 6345. Liability.
26 § 6341. Definitions.
27 The following words and phrases when used in this subchapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "COMMISSION." THE MUNICIPAL POLICE OFFICERS' EDUCATION AND <--
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1 TRAINING COMMISSION ESTABLISHED UNDER THE ACT OF JUNE 18, 1974
2 (P.L.359, NO.120), REFERRED TO AS THE MUNICIPAL POLICE EDUCATION
3 AND TRAINING LAW.
4 "COMMISSIONER." THE COMMISSIONER OF THE PENNSYLVANIA STATE
5 POLICE.
6 "Motor vehicle pursuit." An active attempt by a police
7 officer operating a motor vehicle to apprehend a suspect in a <--
8 moving vehicle who refuses to voluntarily comply with a police
9 officer's visual or audible signal to stop. ONE OR MORE <--
10 OCCUPANTS OF A MOTOR VEHICLE WHEN THE DRIVER OF THE VEHICLE IS
11 RESISTING THE APPREHENSION BY MAINTAINING OR INCREASING HIS
12 SPEED OR BY IGNORING THE POLICE OFFICER'S AUDIBLE OR VISUAL
13 SIGNAL TO STOP.
14 § 6342. Written policies required.
15 (a) General rule.--Each police department shall develop and
16 implement a written emergency vehicle response policy governing
17 the procedures under which a police officer should initiate,
18 continue and terminate a motor vehicle pursuit. THIS POLICY MAY <--
19 BE THE MODEL POLICY ENDORSED BY A NATIONAL OR STATE ORGANIZATION
20 OR ASSOCIATION OF POLICE CHIEFS OR POLICE OFFICERS. The written
21 policy shall incorporate the guidelines under this section. and <--
22 section 3105 (relating to drivers of emergency vehicles).
23 (b) Intent of guidelines.--The operation policy guidelines <--
24 under this section are solely intended to direct police
25 departments to maintain pursuit policies and outline the content
26 of those pursuit policies. The guidelines contained in this
27 section are not intended to mandate the actions of individual
28 police officers during any particular pursuit.
29 (c) Operational policy guidelines.--Each police department <--
30 policy shall include, but not be limited to, the following
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1 guidelines:
2 (1) The use of emergency equipment, including audible
3 and visual signals, is mandatory.
4 (2) As soon as possible and prudent, an officer, upon
5 initiation of a motor vehicle pursuit, shall provide to the
6 radio dispatcher, and when possible a supervisor on duty, the
7 following information:
8 (i) Location and description of travel.
9 (ii) Description of pursued vehicle and occupant if
10 possible.
11 (iii) Reason for pursuit.
12 (iv) Information which would aid in apprehension of
13 the suspect.
14 (v) Any other information which may be useful in
15 evaluating the risks of the pursuit.
16 (3) The criteria to be considered by the pursuing
17 officer and available supervisor in determining whether a
18 pursuit should be initiated, continued or terminated. This
19 criteria may include, but not be limited to:
20 (i) The safety risk to police officers, other
21 motorists, pedestrians and persons in the fleeing
22 vehicle.
23 (ii) The seriousness of the offense committed or
24 believed to have been committed by the individual or
25 individuals attempting to flee.
26 (iii) The potential for harm to others if the
27 fleeing individual or individuals escape.
28 (iv) Road, weather, traffic and other environmental
29 conditions.
30 (v) Police vehicle type and condition.
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1 (vi) Time of day, visibility and illumination.
2 (vii) Familiarity of the officer with the location
3 of the pursuit.
4 (viii) Location of the pursuit, including nearby
5 school zones or residential areas.
6 (ix) Speed of vehicles involved in the pursuit.
7 (x) Likelihood of successful apprehension of the
8 fleeing individual or individuals.
9 (4) Whenever an officer in an unmarked emergency vehicle
10 is engaged in a motor vehicle pursuit, the officer in the
11 unmarked emergency vehicle shall relinquish the pursuit to an
12 officer in a marked emergency vehicle as soon as it is
13 prudent and possible.
14 (5) Specifically informing affected officers that
15 ramming, firing weapons at moving vehicles or occupants of
16 moving vehicles, roadblocks or other means of stopping a
17 vehicle which involve the use or potential use of deadly
18 force are governed by the provisions of 18 Pa.C.S. § 508
19 (relating to use of force in law enforcement).
20 (6) Vehicles transporting persons other than sworn
21 officers should not become directly involved in a pursuit.
22 (7) The maximum number of police vehicles that may be
23 directly involved in a pursuit. Only the ranking officer who
24 is available and on duty may authorize units in addition to a
25 department's limit as may be appropriate or necessary to
26 conduct an effective pursuit and ensure the safety of
27 officers and the general public.
28 (8) As soon as possible and prudent, officers should
29 ensure medical assistance to persons injured during the
30 course of a vehicular pursuit.
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1 (9) An officer should not conduct a pursuit on a limited
2 access highway or ramp in the wrong direction, except in
3 exigent circumstances or if authorized by an available
4 supervisor.
5 (10) A requirement that as a pursuit travels into a
6 neighboring jurisdiction, communication should be made as
7 soon as possible with the police department of that
8 jurisdiction as to the status and reason for the pursuit, a
9 description of travel of the pursuit and any other
10 information that may be useful to the officers in the
11 neighboring jurisdiction.
12 (d) Policy to be forwarded to Pennsylvania State Police.--
13 Each police department shall send a written copy of its pursuit
14 policy to the Pennsylvania State Police who shall keep the
15 policies of all police departments on record.
16 § 6343. Pursuit record.
17 (a) General rule.--All police departments shall maintain a
18 written record of all motor vehicle pursuits.
19 (b) Contents.--Each written pursuit record shall include the
20 following information:
21 (1) Reason the pursuit was initiated.
22 (2) Injuries of police officers.
23 (3) Injuries of other motorists and pedestrians.
24 (4) Injuries of individuals in fleeing vehicle.
25 (5) Deaths of police officers.
26 (6) Deaths of other motorists and pedestrians.
27 (7) Deaths of individuals in fleeing vehicle.
28 (8) The number of police vehicles involved.
29 (9) A detailed description of the route covered by the
30 pursuit.
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1 (10) Approximate distance covered by pursuit.
2 (11) Approximate time elapsed during the pursuit.
3 (12) Identification numbers of officers involved in the
4 pursuit.
5 (13) Description of damage to property and any vehicles,
6 including police vehicles, during the pursuit.
7 (14) A list of pursuit-related offenses with which
8 fleeing individual or individuals were charged.
9 (15) A list of any other nonpursuit-related offenses
10 with which fleeing individual or individuals were charged.
11 (16) Whether the pursuit was voluntarily terminated by
12 the police department.
13 (c) Annual report.--Each police department shall compile
14 pursuit records, as required by this section, for the previous
15 year starting in January and send the compiled information to
16 the Pennsylvania State Police by February 1. The Pennsylvania
17 State Police shall specify the form or format which local police
18 departments shall use when submitting the annual report.
19 (C) POLICY GUIDELINES.--EACH POLICE DEPARTMENT POLICY SHALL <--
20 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING PROCEDURAL
21 ELEMENTS:
22 (1) DECISION MAKING CRITERIA OR PRINCIPLES FOR
23 INITIATION OF PURSUIT. THESE CRITERIA OR PRINCIPLES MAY
24 INCLUDE, BUT NOT BE LIMITED TO:
25 (I) THE POTENTIAL FOR HARM OR IMMEDIATE OR POTENTIAL
26 DANGER TO OTHERS IF THE FLEEING INDIVIDUAL OR INDIVIDUALS
27 ESCAPE.
28 (II) THE SERIOUSNESS OF THE OFFENSE COMMITTED OR
29 BELIEVED TO HAVE BEEN COMMITTED BY THE INDIVIDUAL OR
30 INDIVIDUALS ATTEMPTING TO FLEE.
19930S0313B2552 - 15 -
1 (III) SAFETY FACTORS THAT POSE A RISK TO POLICE
2 OFFICERS, OTHER MOTORISTS, PEDESTRIANS AND OTHER PERSONS.
3 (2) RESPONSIBILITIES OF THE PURSUING OFFICERS.
4 (3) RESPONSIBILITIES FOR THE COMMUNICATIONS CENTER.
5 (4) RESPONSIBILITIES OF THE FIELD SUPERVISOR.
6 (5) TRAFFIC REGULATIONS DURING PURSUIT, INCLUDING, BUT
7 NOT LIMITED TO, THE USE OF EMERGENCY EQUIPMENT, AUDIO SIGNALS
8 AND VISUAL SIGNALS.
9 (6) PURSUIT TACTICS.
10 (7) ROADBLOCK USAGE.
11 (8) COMMUNICATION AND COORDINATION OF PURSUIT PROTOCOL
12 FOR INTERJURISDICTIONAL PURSUIT.
13 (9) DECISION MAKING CRITERIA OR PRINCIPLES FOR
14 TERMINATION OF PURSUIT. THESE CRITERIA OR PRINCIPLES MAY
15 INCLUDE, BUT NOT BE LIMITED TO, SAFETY FACTORS THAT POSE A
16 RISK TO POLICE OFFICERS, OTHER MOTORISTS, PEDESTRIANS AND
17 OTHER PERSONS.
18 (D) BIENNIAL CERTIFICATION.--THE COMMISSION SHALL CERTIFY
19 EVERY OTHER YEAR WHETHER EACH DEPARTMENT HAS A PURSUIT POLICY IN
20 FORCE. THE COMMISSION SHALL PROVIDE TO THE PENNSYLVANIA STATE
21 POLICE A LIST OF THOSE MUNICIPAL POLICE DEPARTMENTS THAT HAVE
22 AND HAVE NOT NOTIFIED OR CERTIFIED TO THE COMMISSION THAT THAT
23 DEPARTMENT HAS A PURSUIT POLICY. THE BIENNIAL CERTIFICATION MAY
24 BE IMPLEMENTED SIMULTANEOUSLY WITH OTHER CERTIFICATIONS
25 CONDUCTED BY THE COMMISSION.
26 (E) POLICY CONFIDENTIAL.--A POLICY ADOPTED UNDER THIS
27 SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE MADE AVAILABLE TO
28 THE GENERAL PUBLIC.
29 (F) LIMITATIONS.--NO POLICE DEPARTMENTAL POLICY MAY VIOLATE
30 OR SUPERSEDE THE REQUIREMENTS OF 75 PA.C.S. § 3105 (RELATING TO
19930S0313B2552 - 16 -
1 DRIVERS OF EMERGENCY VEHICLES).
2 § 6343. PURSUIT RECORDS.
3 (A) GENERAL RULE.--ALL POLICE DEPARTMENTS SHALL MAINTAIN
4 RECORDS OF ALL MOTOR VEHICLE PURSUITS.
5 (B) PROCEDURE.--THE COMMISSIONER, IN CONSULTATION WITH THE
6 PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION AND THE FRATERNAL
7 ORDER OF POLICE, SHALL DEVELOP A REPORTING MECHANISM FOR WHICH
8 ALL POLICE DEPARTMENTS MUST COMPLY AND SUBMIT RECORDS OF ALL
9 VEHICULAR MOTOR VEHICLE PURSUITS. THE COMMISSIONER, WITH THE <--
10 APPROVAL OF THE COMMISSION, SHALL DETERMINE THE MOST EFFICIENT
11 AND LEAST BURDENSOME PROCEDURE FOR WHICH THIS REPORTING
12 REQUIREMENT SHALL BE CARRIED OUT. THIS PROCEDURE MAY BE
13 INCORPORATED, AT THE DISCRETION OF THE COMMISSIONER, WITHIN
14 EXISTING OR FORTHCOMING UNIFORM CRIME REPORTING FUNCTIONS,
15 INCLUDING A NATIONAL INCIDENT-BASED REPORTING SYSTEM.
16 (C) CONTENT.--THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED
17 TO, THE FOLLOWING INFORMATION:
18 (1) REASON FOR PURSUIT.
19 (2) INJURIES, IF ANY, AND TO WHAT PERSONS.
20 (3) PROPERTY DAMAGE, IF ANY.
21 (4) DEATHS, IF ANY.
22 (5) SUSPECT INFORMATION, INCLUDING STATUTE VIOLATIONS
23 AND APPREHENSION STATUS OF THE SUSPECT.
24 (6) ANY OTHER INFORMATION DEEMED NECESSARY BY THE
25 COMMISSIONER TO EVALUATE AND IMPROVE PURSUIT POLICIES.
26 (D) IMPLEMENTATION.--THE COMMISSIONER MAY IMPLEMENT THE
27 REPORTING REQUIREMENTS TO COINCIDE WITH THE TIMING OF THE
28 IMPLEMENTATION OF A NATIONAL INCIDENT-BASED REPORTING SYSTEM
29 WITHIN THIS COMMONWEALTH.
30 § 6344. Pennsylvania State Police report.
19930S0313B2552 - 17 -
1 (a) Annual report.--The Pennsylvania State Police shall
2 compile pursuit data sent to it by individual police departments
3 on an annual basis. The Pennsylvania State Police shall make an
4 annual report based on Statewide data to the APPROPRIATIONS <--
5 COMMITTEE, THE Transportation Committee and the Judiciary
6 Committee of the Senate, the APPROPRIATIONS COMMITTEE, THE <--
7 Transportation Committee and the Judiciary Committee of the
8 House of Representatives, the Department of Transportation, the
9 Office of Attorney General, the Law and Justice Committee of the
10 Senate and to all police departments which contribute to the
11 report.
12 (b) Contents.--The Statewide report shall include, but not
13 be limited to, the following information:
14 (1) Statewide totals or averages of information
15 collected under section 6343(b) (relating to pursuit record).
16 (2) The total number and percentage of pursuits
17 involving accidents.
18 (3) The total number and percentage of pursuits
19 involving injuries.
20 (4) The total number and percentage of pursuits
21 involving deaths.
22 (5) The percentage of fleeing individuals who are
23 charged with nonpursuit-related offenses and a numerically
24 totaled breakdown of those nonpursuit-related charges.
25 (6) A list of police departments which do not comply <--
26 with the requirements of section 6342 (relating to written
27 policies required).
28 (7) A list of police departments which do not comply
29 with the requirements of section 6343.
30 (6) A LIST OF POLICE DEPARTMENTS WHICH HAVE NOT NOTIFIED <--
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1 OR CERTIFIED TO THE COMMISSION THAT THEY HAVE A PURSUIT
2 POLICY AS REQUIRED BY SECTION 6342 (RELATING TO WRITTEN
3 POLICIES REQUIRED).
4 (C) SUBMISSION OF ANNUAL REPORT.--THE PENNSYLVANIA STATE
5 POLICE SHALL SUBMIT THE FIRST ANNUAL REPORT AFTER THE FIRST FULL
6 CALENDAR YEAR OF DATA COLLECTION.
7 § 6345. Liability.
8 This subchapter does not increase the liability nor decrease
9 the protection afforded municipalities and their employees under
10 42 Pa.C.S. Ch. 85 Subch. C (relating to matters affecting
11 government units).
12 Section 5. This act shall take effect in 180 days. <--
13 SECTION 5. THE FIRST $200,000 OF THE FINES COLLECTED UNDER <--
14 75 PA.C.S. § 3733 WHICH ARE NOT THE SUBJECT OF DISTRIBUTION TO
15 MUNICIPALITIES UNDER 42 PA.C.S. § 3571(B)(2) OR (3) ARE HEREBY
16 APPROPRIATED FROM THE MOTOR LICENSE FUND TO THE PENNSYLVANIA
17 STATE POLICE FOR THE IMPLEMENTATION OF 75 PA.C.S. § 6343.
18 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
19 (1) THE AMENDMENT OF 42 PA.C.S. § 6801(H) AND (I) SHALL <--
20 TAKE EFFECT IN 60 DAYS.
21 (1) (2) THE AMENDMENT OF 75 PA.C.S. § 1508(D) SHALL TAKE <--
22 EFFECT UPON THE DATE OF NOTICE PUBLISHED IN THE PENNSYLVANIA
23 BULLETIN BY THE DEPARTMENT OF TRANSPORTATION THAT THE
24 PENNSYLVANIA DRIVER'S MANUAL HAS BEEN REPRINTED FOR
25 DISTRIBUTION TO THE GENERAL PUBLIC. IF THIS NOTICE IS NOT
26 PUBLISHED ON OR BEFORE THE DATE OCCURRING ONE YEAR FROM THE
27 DATE OF FINAL ENACTMENT OF THIS ACT, SECTION 1508(D) SHALL
28 TAKE EFFECT ONE YEAR FROM THE DATE OF FINAL ENACTMENT OF THIS
29 ACT.
30 (2) (3) THE ADDITION OF 75 PA.C.S. § 6343 SHALL TAKE <--
19930S0313B2552 - 19 -
1 EFFECT JANUARY 1, 1996.
2 (4) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. <--
3 (3) (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN <--
4 180 DAYS.
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