PRINTER'S NO.  74

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

82

Session of

2009

  

  

INTRODUCED BY D. O'BRIEN, BELFANTI, BRENNAN, CALTAGIRONE, CONKLIN, FRANKEL, GRUCELA, HARHAI, HARKINS, HESS, KOTIK, PYLE, RAPP AND READSHAW, JANUARY 28, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2009  

  

  

  

AN ACT

  

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Requiring law enforcement officers to wear appropriate safety

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gear while serving certain warrants.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Municipal

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Police Officer Warrant Service Safety Act.

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Section 2.  Declarations.

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The General Assembly declares that it is the public policy of

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this Commonwealth to provide adequate protection to law

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enforcement officers that engage in the high risk service of

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arrest warrants.

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"High risk warrant of arrest."  A warrant of arrest issued

 


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for a person involved in any of the following instances:

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(1)  The person has taken or is likely to take hostages.

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(2)  The person has created or is likely to create a

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stand-off with law enforcement by refusing to comply with

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police demands for surrender or use of fortification.

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(3)  The person is known to be armed or potentially armed

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and the likelihood of armed resistance is high.

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"Law enforcement officer."  A person who by virtue of the

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person's office or public employment is vested by law with a

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duty to maintain public order or to make arrests for offenses,

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whether that duty extends to all offenses or is limited to

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specific offenses.

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Section 4.  Required equipment.

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A law enforcement officer or team of officers that executes a

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high risk warrant of arrest shall be equipped with appropriate

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safety gear, including ballistic helmets and body armor.

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Section 10.  Effective date.

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This act shall take effect in 60 days.

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