PRIOR PRINTER'S NOS. 1221, 1642, 2477 PRINTER'S NO. 2918
No. 1044 Session of 2007
INTRODUCED BY COHEN, PETRONE, DALEY, FREEMAN, CALTAGIRONE, CASORIO, CLYMER, CURRY, DePASQUALE, FABRIZIO, FRANKEL, GEORGE, GIBBONS, GOODMAN, GRUCELA, HERSHEY, HORNAMAN, JAMES, KORTZ, KULA, MAHONEY, MANN, MARKOSEK, McGEEHAN, McILHATTAN, M. O'BRIEN, PALLONE, PARKER, PETRARCA, READSHAW, SABATINA, SCAVELLO, SIPTROTH, SOLOBAY, STABACK, YOUNGBLOOD and LENTZ, APRIL 10, 2007
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 3, 2007
AN ACT 1 Amending Title 53 (Municipalities Generally) of the Pennsylvania 2 Consolidated Statutes, further providing for definitions <-- 3 relating to municipal police education, for powers and duties 4 of the Municipal Police Officers' Education and Training 5 Commission and for police training; providing for county park <-- 6 police; further providing, FOR POLICE TRAINING AND for powers <-- 7 of home rule charter counties; and making an inconsistent 8 repeal of the Sheriff Fee Act. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The definitions of "police department" and <-- 12 "police officer" in section 2162 of Title 53 of the Pennsylvania 13 Consolidated Statutes are amended to read: 14 § 2162. Definitions. 15 The following words and phrases when used in this subchapter 16 shall have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 * * *
1 "Police department." Any of the following: 2 (1) A public agency of a political subdivision having 3 general police powers and charged with making arrests in 4 connection with the enforcement of the criminal or traffic 5 laws. This paragraph includes the sheriff's office in a 6 county of the second class. 7 (2) A campus police or university police department, as 8 used in section 2416 of the act of April 9, 1929 (P.L.177, 9 No.175), known as The Administrative Code of 1929, certified 10 by the Office of Attorney General as a criminal justice 11 agency under the definition of "criminal justice agency" in 12 18 Pa.C.S. § 9102 (relating to definitions). This paragraph 13 does not include a campus police or university police 14 department of the State System of Higher Education and its 15 member institutions. 16 (3) A railroad or street railway police department 17 formed with officers commissioned under 22 Pa.C.S. Ch. 33 18 (relating to railroad and street railway police) or any prior 19 statute providing for such commissioning. 20 (4) The Capitol Police. 21 (5) The Harrisburg International Airport Police. 22 (6) An airport authority police department. 23 (7) A county park police department. 24 "Police officer." Any of the following: 25 (1) A full-time or part-time employee assigned to 26 criminal or traffic law enforcement duties of any of the 27 following: 28 (i) A police department of a county, city, borough, 29 town or township. 30 (ii) Any railroad or street railway police. 20070H1044B2918 - 2 -
1 (iii) Any campus or university police department. 2 (iv) The Capitol Police. 3 (v) The Harrisburg International Airport Police. 4 (vi) An airport authority police department. 5 (2) A deputy sheriff of a county of the second class. 6 (3) A security officer of a first class city housing 7 authority or a police officer of a second class city housing 8 authority. 9 (4) A county park police officer. 10 The term excludes persons employed to check parking meters or to 11 perform only administrative duties and auxiliary and fire 12 police. 13 * * * 14 Section 2. Section 2164(1) of Title 53 is amended to read: 15 SECTION 1. SECTION 2164(1) OF TITLE 53 OF THE PENNSYLVANIA <-- 16 CONSOLIDATED STATUTES IS AMENDED TO READ: 17 § 2164. Powers and duties of commission. 18 The powers and duties of the commission shall be as follows: 19 (1) To establish and administer the minimum courses of 20 study for basic and in-service training for police officers 21 and to revoke an officer's certification when an officer 22 fails to comply with the basic and in-service training 23 requirements or is convicted of a criminal offense or the 24 commission determines that the officer is physically or 25 mentally unfit to perform the duties of his office. [or 26 determines that a police officer subject to section 2166.1 27 (relating to prohibition on political activity) has engaged 28 or participated in the conducting of political or election 29 campaign activity in violation of that section.] 30 * * * <-- 20070H1044B2918 - 3 -
1 Section 3. Sections 2167, 2168 2. SECTIONS 2167 and 2962 of <-- 2 Title 53 are amended by adding subsections to read: 3 § 2167. Police training. 4 * * * 5 (d) Mandatory waiver request.--If a police officer is unable 6 to attend in-service training due to service in the military or 7 National Guard or as a result of injury sustained in service as 8 a police officer, the officer's employer shall request a waiver 9 under section 2164(6) (relating to powers and duties of 10 commission). A police officer whose employer fails to request a 11 waiver as required under this subsection shall not be 12 decertified unless, upon return to service, the officer fails to 13 participate in such in-service training as the commission deems 14 appropriate in accordance with this chapter and 51 Pa.C.S. Ch. 15 75 (relating to professional and occupational licenses). 16 § 2168. Automatic certification. <-- 17 * * * 18 (e) County park police.--Any county park police officer who 19 has successfully completed the basic training course under this 20 subchapter prior to the effective date of this subsection shall 21 be assigned a certification number under this subchapter but 22 shall be required to complete the in-service training as set 23 forth in section 2164(7) (relating to powers and duties of 24 commission). 25 § 2962. Limitation on municipal powers. 26 * * * 27 (k) Sheriff fees.--A county which adopts a home rule charter 28 may establish by ordinance the fees, including commissions and 29 mileage, to be received by the sheriff of the county from a 30 person or the county requiring services of the sheriff. 20070H1044B2918 - 4 -
1 Section 4 3. Section 2 of the act of July 6, 1984 (P.L.614, <-- 2 No.127), known as the Sheriff Fee Act, is repealed insofar as it 3 is inconsistent with the addition of 53 Pa.C.S. § 2962(k). 4 Section 5 4. This act shall take effect in 60 days. <-- A5L53DMS/20070H1044B2918 - 5 -