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        PRIOR PRINTER'S NOS. 1221, 1642, 2477         PRINTER'S NO. 2918

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.           <--


















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