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        PRIOR PRINTER'S NO. 758                       PRINTER'S NO. 1607

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 668 Session of 2003


        INTRODUCED BY COSTA, MELLOW, LOGAN, WAGNER, KUKOVICH, O'PAKE,
           KITCHEN, BOSCOLA, SCHWARTZ, STOUT, WAUGH, PILEGGI, WOZNIAK,
           C. WILLIAMS AND KASUNIC, APRIL 24, 2003

        SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           MAY 10, 2004

                                     AN ACT

     1  Establishing a uniform crime reporting program; requiring all
     2     county and municipal law enforcement agencies to report
     3     certain information occurring within the respective
     4     jurisdictions; IMPOSING DUTIES ON THE PENNSYLVANIA COMMISSION  <--
     5     ON CRIME AND DELINQUENCY; and authorizing the Pennsylvania
     6     State Police to collect and gather information on crime and
     7     make annual reports.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10  Section 1.  Short title.
    11     This act shall be known and may be cited as the Pennsylvania
    12  Uniform Crime Reporting Act.
    13  Section 2.  Definitions.
    14     The following words and phrases when used in this act shall
    15  have the meanings given to them in this section unless the
    16  context clearly indicates otherwise:
    17     "Act."  The Pennsylvania Uniform Crime Reporting Act.
    18     "Pennsylvania Uniform Crime Reporting (UCR) Program."  A
    19  program established by law which provides a Statewide view of


     1  crime trends and volume based on the contribution of statistics
     2  by law enforcement agencies throughout this Commonwealth.
     3     "Pennsylvania Uniform Crime Reporting System" or "PAUCRS."  A
     4  Web Wide Web-based data collection and dissemination system used
     5  to facilitate operation of the Pennsylvania Uniform Crime
     6  Reporting Program.
     7     "State, county and local law enforcement agencies."  The
     8  Pennsylvania State Police and any city, borough, town, township
     9  or county police agency or organization that possesses general
    10  police powers and is charged with making arrests in connection
    11  with the enforcement of criminal or traffic laws and employs law
    12  enforcement officers duly certified under the former act of June
    13  18, 1974 (P.L.359, No.120), referred to as the Municipal Police
    14  Education and Training Law, or 53 Pa.C.S. Ch. 21 Subch. D
    15  (relating to Municipal Police Education and Training).
    16  Section 3.  Establishment of Pennsylvania Uniform Crime
    17                 Reporting Program.
    18     (A)  PROGRAM.--A Pennsylvania Uniform Crime Reporting Program  <--
    19  shall be established under the direction, control and
    20  supervision of the Pennsylvania State Police. The Pennsylvania
    21  State Police shall have the power and duty, by TO PROMULGATE      <--
    22  such rules and regulations PURSUANT TO THE ACT OF JUNE 25, 1982   <--
    23  (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT, as the
    24  Pennsylvania State Police may deem necessary, to collect and
    25  gather the information from State, county and local law
    26  enforcement agencies as may be prescribed in this act. This       <--
    27  program shall include a procedure for notifying county and local
    28  law enforcement agencies that are not compliant with their
    29  reporting requirements that they are ineligible to receive any
    30  ENFORCEMENT AGENCIES AS MAY BE PRESCRIBED IN THIS ACT.            <--
    20030S0668B1607                  - 2 -     

     1     (B)  NOTIFICATION.--THIS PROGRAM SHALL INCLUDE A PROCEDURE
     2  FOR NOTIFYING:
     3         (1)  COUNTY AND LOCAL LAW ENFORCEMENT AGENCIES THAT ARE
     4     NOT COMPLIANT WITH THEIR REPORTING REQUIREMENTS;
     5         (2)  THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS AND
     6     THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY OF THE
     7     FAILURE OF A COUNTY OR LOCAL LAW ENFORCEMENT AGENCY TO COMPLY
     8     WITH THE REQUIREMENTS IN SECTION 4 AND OF THE IMPOSITION OF
     9     THE PENALTY PROVISIONS CONTAINED IN SUBSECTION (C); AND
    10         (3)  THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS AND
    11     THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY WHEN A
    12     DELINQUENT COUNTY OR LOCAL LAW ENFORCEMENT AGENCY BECOMES
    13     COMPLIANT WITH THE REQUIREMENTS OF SECTION 4 AND IS NO LONGER
    14     SUBJECT TO THE IMPOSITION OF THE PENALTY PROVISIONS CONTAINED
    15     IN SUBSECTION (C).
    16     (C)  PENALTIES.--ANY COUNTY OR LOCAL LAW ENFORCEMENT AGENCY
    17  THAT FAILS TO COMPLY WITH THE REQUIREMENTS IN SECTION 4 WITHIN
    18  30 DAYS OF THE DATE OF THE MAILING OF NOTIFICATION PURSUANT TO
    19  SUBSECTION (B) SHALL BE INELIGIBLE TO RECEIVE ANY portion of
    20  fines collected and distributed under 42 Pa.C.S. Ch. 35, Subch.
    21  E (relating to fines, etc.) or any grant administered by the
    22  Pennsylvania Commission on Crime and Delinquency.
    23     (D)  DISPOSITION OF FORFEITED FUNDS UNDER SUBSECTION (C).--    <--
    24  ALL FUNDS FORFEITED UNDER SUBSECTION (C) SHALL BE TRANSMITTED TO
    25  THE COMMONWEALTH FOR DEPOSIT IN THE SAME MANNER AND TO THE SAME
    26  FUNDS AS PURSUANT TO 42 PA.C.S. § 3571 (RELATING TO COMMONWEALTH
    27  PORTION OF FINES, ETC.).
    28  SECTION 3.1.  COLLECTION OF PENALTY.
    29     (A)  GENERAL RULE.--UPON RECEIPT OF NOTICE PURSUANT TO
    30  SECTION 3(B)(2), THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
    20030S0668B1607                  - 3 -     

     1  COURTS SHALL DIRECT THE APPROPRIATE COURTS OF JURISDICTION TO
     2  WITHHOLD ALL FINES, FEES AND PENALTIES DUE THE DELINQUENT LAW
     3  ENFORCEMENT AGENCY FOR THE PERIOD OF NONCOMPLIANCE AND SHALL
     4  DIRECT THAT ALL SUCH FUNDS SHALL BE DEPOSITED IN ACCORDANCE WITH
     5  SECTION 3(D).
     6     (B)  GRANTS.--THE PENNSYLVANIA COMMISSION ON CRIME AND
     7  DELINQUENCY SHALL, UPON RECEIPT OF NOTICE PURSUANT TO SECTION
     8  3(B)(2), SUSPEND THE PROCESSING OR AWARD OF GRANTS TO A
     9  DELINQUENT LAW ENFORCEMENT AGENCY FOR THE PERIOD OF
    10  NONCOMPLIANCE.
    11  Section 4.  Monthly contribution.
    12     All State, county and local law enforcement agencies shall
    13  contribute statistical information related to number and nature
    14  of offenses occurring within their respective jurisdictions, the
    15  disposition of such matters, and such other related information
    16  as the Pennsylvania State Police may require. Such contributions
    17  shall be consistent with established UCR guidelines, in a manner
    18  as prescribed by the Pennsylvania State Police, and shall
    19  reflect monthly increments.
    20  Section 5.  Compilation of statistics.
    21     Upon receipt of the information, the Pennsylvania State
    22  Police shall have such data collated and formulated and shall
    23  compile such statistics as the Pennsylvania State Police may
    24  deem necessary to present a proper depiction of the nature and
    25  volume of crime within this Commonwealth.
    26  Section 6.  Annual report.
    27     The Pennsylvania State Police shall electronically publish an
    28  annual report containing results of the information gathered and
    29  collated for access by the Governor, the General Assembly, the
    30  Attorney General and the public through the PAUCRS.
    20030S0668B1607                  - 4 -     

     1  Section 7.  Dissemination of law enforcement agency information.
     2     Annually, or at intervals as requested by the Pennsylvania
     3  State Police, the Municipal Police Officers' Education and
     4  Training Commission shall provide the Pennsylvania State Police
     5  with information related to those Pennsylvania law enforcement
     6  agencies known to be in existence. Such information shall be
     7  correlated with UCR data on file to identify law enforcement
     8  agencies with incomplete data. A listing of such law enforcement
     9  agencies shall be included in the annual report. A current
    10  listing of such agencies shall also be made available for timely
    11  public access through the output reporting capabilities of the
    12  PAUCRS.
    13  Section 8.  Repeal.
    14     All acts and parts of acts are repealed insofar as they are
    15  inconsistent with this act.
    16  Section 9.  Implementation.
    17     Implementation of the provisions of this act by the
    18  Pennsylvania State Police is contingent upon the availability of
    19  funding to facilitate changes as may be required in the
    20  Pennsylvania UCR Program and the Pennsylvania Uniform Crime
    21  Reporting System.
    22  Section 10.  Effective date.
    23     This act shall take effect in 60 days.





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