THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, BAKER, ORIE, ALLOWAY, RAFFERTY, BRUBAKER, BROWNE, WAUGH, O'PAKE, COSTA, WONDERLING, PICCOLA AND EICHELBERGER, FEBRUARY 20, 2009

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 20, 2009  

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, providing for the offense of violation

of Fort Indiantown Gap regulations and providing for the

powers and duties of police officers employed at State

military installations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 708 of Title 51 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 708.  Fort Indiantown Gap.

* * *

(e)  Offense.--A person who violates a rule or regulation

promulgated under this section and designated by the Adjutant

General as being for the protection of persons or property at

Fort Indiantown Gap commits a summary offense.

Section 2.  Title 51 is amended by adding a section to read:

§ 711.  Installation of police officers for Fort Indiantown Gap

and other designated Commonwealth military

installations and facilities.

(a)  Appointment.--The Adjutant General may issue commissions

to Commonwealth employees of the Department of Military and

Veterans Affairs to act as installation police officers at Fort

Indiantown Gap and other Commonwealth military installations and

facilities designated by the Adjutant General.

(b)  Training.--Any employee commissioned under this section

shall, prior to exercising the powers and duties described in

this section, have successfully completed a course of training

approved under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal

police education and training). Installation police will, during

the course of their employment, undertake and complete such

periodic training as is required under 53 Pa.C.S. Ch.21 Subch.

D.

(c)  Powers and duties.--Subject to such administrative

limitations or restrictions as the Adjutant General may

prescribe, installation police employed under this section shall

have the power and duty to:

(1)  enforce good order on the grounds and in the

buildings of Fort Indiantown Gap or other designated military

installation or facility;

(2)  protect the grounds and buildings of Fort Indiantown

Gap or other designated military installation or facility;

(3)  exclude disorderly persons from the grounds and

buildings of Fort Indiantown Gap or other designated military

installation or facility;

(4)  adopt whatever means necessary for the performance

of their duties;

(5)  exercise the same powers as are now or may hereafter

be exercised under authority of law or ordinance by the

police officers of municipalities within this Commonwealth,

including, but not limited to, those powers conferred

pursuant to 42 Pa.C.S. Ch. 89. Subch. D (relating to

municipal police jurisdiction);

(6)  prevent crime, investigate criminal acts, apprehend,

arrest and charge criminal offenders and issue summary

citations for offenses committed on the grounds and in the

buildings at Fort Indiantown Gap or other designated military

installation or facility and prefer charges against offenders

under the laws and procedures of this Commonwealth. For the

purposes of applying the provisions of 42 Pa.C.S. Ch. 89

Subch. D, the grounds and within 500 yards of the boundary of

Fort Indiantown Gap or other designated military installation

or facility shall constitute the primary jurisdiction of the

installation police;

(7)  order off the grounds and out of the buildings of

Fort Indiantown Gap or other designated military installation

or facility all vagrants, loafers, trespassers and persons

under the influence of liquor and, if necessary, remove them

by force and, in case of resistance, arrest such offender in

accordance with the laws and procedures of this Commonwealth;

and

(8)  arrest any person who damages, mutilates or destroys

the trees, plants, shrubbery, turf, grass plots, benches,

buildings and structures or commits any other offense on the

grounds and in the buildings of Fort Indiantown Gap or other

designated military installation or facility and prefer

charges against such offender under the laws and procedures

of this Commonwealth.

(d)  Municipal agreements.--The Adjutant General and

municipalities where Fort Indiantown Gap and other designated

military installations or facilities are located are authorized

to enter into agreements for the concurrent exercise of those

powers and duties conferred pursuant to a cooperative police

service agreement in accordance with 42 Pa.C.S. § 8953 (relating

to Statewide municipal police jurisdiction). When so acting, the

installation police shall have the same powers and immunities

granted to police officers in 42 Pa.C.S. Ch. 89 Subch. D.

(e)  Status.--When acting within the scope of the authority

of this section, installation police are at all times employees

of the Commonwealth and shall be entitled to all of the rights

and benefits accruing therefrom. Installation police

commissioned under this section are "peace officers" for the

purposes of 18 Pa.C.S. Ch. 5 (relating to general principles of

justification). This section does not change the status of

installation police officers for the purposes of the act of July

23, 1970 (P.L.563, No.195), known as the Public Employe

Relations Act, or cause installation police officers to be

considered policemen for the purposes of the act of June 24,

1968 (P.L.237, No.111), referred to as the Policemen and Firemen

Collective Bargaining Act.

Section 3.  This act shall take effect in 60 days.