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                                                      PRINTER'S NO. 2365

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1761 Session of 2007


        INTRODUCED BY BELFANTI, CASORIO, M. O'BRIEN, PASHINSKI, KOTIK,
           COHEN, KORTZ, MAHONEY, PALLONE, PETRONE, JAMES AND BRENNAN,
           JULY 17, 2007

        REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 17, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for law
     3     enforcement officers of limited jurisdiction.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a chapter to read:
     8                             CHAPTER 50
     9          LAW ENFORCEMENT OFFICERS OF LIMITED JURISDICTION
    10  Sec.
    11  5001.  Scope of chapter.
    12  5002.  Definitions.
    13  5003.  Rights.
    14  § 5001.  Scope of chapter.
    15     This chapter shall apply to law enforcement officers of
    16  limited jurisdiction in this Commonwealth.
    17  § 5002.  Definitions.
    18     The following words and phrases when used in this chapter

     1  shall have the meanings given to them in this section unless the
     2  context clearly indicates otherwise:
     3     "Law enforcement officer of limited jurisdiction."  Any of
     4  the following:
     5         (1)  A public employee who has the power and duty to
     6     arrest under:
     7             (i)  section 27 of the act of August 6, 1941
     8         (P.L.861, No.323), referred to as the Pennsylvania Board
     9         of Probation and Parole Law; or
    10             (ii)  section 211 of the act of April 12, 1951
    11         (P.L.90, No.21), known as the Liquor Code.
    12         (2)  A public employee:
    13             (i)  whose principal duty is to enforce the drug laws
    14         of this Commonwealth; and
    15             (ii)  whose power and duty to arrest is authorized by
    16         the Attorney General under section 201(c) of the act of
    17         October 15, 1980 (P.L.950, No.164), known as the
    18         Commonwealth Attorneys Act.
    19     "Public employee."  Any individual employed by a public
    20  employer. The term does not include elected officials,
    21  appointees of the Governor with the advice and consent of the
    22  Senate as required by law, management level employees,
    23  confidential employees, clergymen or other persons in a
    24  religious profession, employees or personnel at church offices
    25  or facilities when utilized primarily for religious purposes and
    26  those employees covered under the act of June 24, 1968 (P.L.237,
    27  No.111), referred to as the Policemen and Firemen Collective
    28  Bargaining Act.
    29     "Public employer."  The Commonwealth of Pennsylvania, its
    30  political subdivisions including school districts and any
    20070H1761B2365                  - 2 -     

     1  officer, board, commission, agency, authority or other
     2  instrumentality thereof and any nonprofit organization or
     3  institution and any charitable, religious, scientific, literary,
     4  recreational, health, educational or welfare institution
     5  receiving grants or appropriations from Federal, State or local
     6  governments. The term does not include employers covered or
     7  presently subject to coverage under the act of June 1, 1937
     8  (P.L.1168, No.294), known as the Pennsylvania Labor Relations
     9  Act, or the National Labor Relations Act (49 Stat. 449, 29
    10  U.S.C. § 151 et seq.).
    11  § 5003.  Rights.
    12     Notwithstanding any other provision of law, a law enforcement
    13  officer of limited jurisdiction shall be subject to the act of
    14  July 23, 1970 (P.L.563, No.195), known as the Public Employe
    15  Relations Act, in the same manner and receive the same rights as
    16  units of guards at prisons or mental hospitals or units of
    17  employees directly involved with and necessary to the
    18  functioning of the courts of this Commonwealth.
    19     Section 2.  This act shall take effect immediately.








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