PRIOR PRINTER'S NO. 758 PRINTER'S NO. 1607
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. D17L18JS/20030S0668B1607 - 5 -