THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CARROLL, BENNINGHOFF, COHEN, DEASY, DONATUCCI, EVERETT, FLECK, GEIST, GIBBONS, GILLEN, GINGRICH, GROVE, HORNAMAN, JOSEPHS, KAVULICH, KULA, MURT, READSHAW, SCAVELLO, SWANGER, J. TAYLOR AND YOUNGBLOOD, APRIL 8, 2011

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2011  

AN ACT

Amending Title 22 (Detectives and Private Police) of the

Pennsylvania Consolidated Statutes, in private police,

further providing for appointment by nonprofit educational

corporations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 22 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 502.  Appointment by nonprofit educational corporations.

(a)  Appointment authorized.--

(1)  A nonprofit educational corporation maintaining any

buildings or grounds in furtherance of higher education may

apply to the court of common pleas of the county of the

registered office of the corporation for the appointment of

such persons as the corporation may designate to act as

police officer for the corporation. A nonprofit educational

corporation operating with locations in more than one county

in this Commonwealth must apply for appointment of police

officers within the jurisdiction where additional locations

exist.

(2)  The court, upon review of an application submitted

under paragraph (1), may by order appoint such persons as it

may deem proper and necessary to be police officers.

(b)  Oath of office.--

(1)  Police officers appointed under subsection (a)

shall, before entering upon the duties of their office, take

and subscribe the oath required by Article VI of the

Constitution of Pennsylvania.

(2)  Evidence of the oath, together with the decree and

order of the court, shall be recorded by the recorder of

deeds of each county in which it is intended that the police

officers are authorized to act.

(c)  Powers.--A police officer appointed under subsection (a)

shall:

(1)  Possess and exercise all the powers of a police

officer in this Commonwealth, in and upon, and adjacent to

the property of the nonprofit educational corporation, not to

exceed 500 yards unless otherwise defined.

(2)  Possess and exercise all the powers of a police

officer in any county in which the police officer may be

directed by the nonprofit educational corporation to act, and

may arrest persons for a crime or offense occurring within

the police officer's jurisdiction, including 75 Pa.C.S

(relating to vehicles).

(3)  When on duty, wear a metallic shield that includes

the name of the nonprofit educational corporation which

appointed the police officer. Police officers so appointed

for a college or university shall be referred to as "campus

police" or "campus police officers" and shall exercise their

powers and perform their duties only upon successful

completion of training outlined in 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training).

(d)  Duty to receive persons arrested.--The officials and

administrators of county correctional institutions and other

places of detention in any county of this Commonwealth shall

receive all persons arrested by police officers appointed under

subsection (a) for purposes of detention until the persons are

dealt with according to law.

(e)  Limited immunity.--Police officers in the performance of

their duties under this section shall possess the same

protections and immunities as afforded to all other police

officers under 53 Pa.C.S. Ch. 21 Subch. D.

(f)  Criminal justice agency.--A campus police department of

a college or university shall be considered a "criminal justice

agency" under 18 Pa.C.S. § 9102 (relating to definitions) only

after all sworn members have completed training as defined by 53

Pa.C.S. Ch. 21 Subch. D or other recognized Commission on Peace

Officer Standards and Training certified academy.

(g)  Certification.--

(1)  A campus police department of a college or

university and recognized as a "criminal justice agency"

under 18 Pa.C.S. § 9102 shall be eligible to obtain

certification from the Municipal Police Officers' Education

and Training Commission.

(2)  Officers currently employed by a department

established under this section who have received

certification from the Municipal Police Officers' Education

and Training Commission prior to employment by the department

or any officer who received qualified training to serve as a

law enforcement officer shall be deemed acceptable for all

current Municipal Police Officers' Education and Training

Commission certification upon completion of necessary

paperwork or written examination.

(h)  Reimbursement for expenses.--All campus police

departments constituted and maintained by a nonprofit

educational corporation shall pay for the expenses of all

personnel attending training as provided by 53 Pa.C.S. § 2170

(relating to reimbursement of expenses), including basic academy

and mandatory in-service training.

(i)  Mutual aid.--

(1)  A campus police department located within a

municipality may enter into a mutual aid agreement in which

the campus police department, at the request of the mayor or

other executive authority and under the direction of the

local law enforcement authorities, may exercise those powers

and perform those duties conferred pursuant to this section

within the municipality for the limited purpose of aiding

local authorities in emergency situations.

(2)  When acting under such agreement, a campus police

officer shall be acting within the scope of the authority of

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

jurisdiction) and is, at all times, entitled to all the

rights and benefits accruing under that law.

(j)  Compensation.--The compensation of a police officer

shall be paid by the nonprofit educational corporation for which

the police officer is appointed, as may be agreed upon between

the nonprofit educational corporation and the police officer.

(k)  Termination of appointment.--

(1)  When a nonprofit educational corporation no longer

requires the services of a police officer, it shall file a

notice to that effect, under its corporate seal, in the

office of each recorder of deeds where the court decree and

order of appointment of the police officer were recorded.

(2)  The recorder of deeds shall note this information on

the margin of the record where the court decree and order

were recorded, and as of the date of the notation the powers

of the police officer shall terminate.

(3)  The recorder of deeds shall notify the clerk of the

court by which the police officer was appointed of the

termination of the appointment in the county.

(l)  Applicability.--

(1)  In order to maintain certification and recognition

of authority under this section, all existing campus police

departments shall satisfy all requirements of this section by

July 1, 2014.

(2)  All new requests for recognition under this section

must satisfy all requirements prior to making application to

the court of common pleas.

(m)  Construction.--Nothing in this section shall be

construed as requiring private colleges and universities to

utilize campus security. However, existing campus police that

are not appointed under subsection (a) shall remain designated

as security, and the campus police department in which they are

employed shall be prohibited from retaining or obtaining any

confidential or law-enforcement-only criminal justice

information, database access from any source, internal or

external, and may not obtain membership on committees or boards

established with access to such information.

(n)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Certification."  The assignment of a certification number to

a campus police officer after successful completion of a

mandatory basic training course or receipt of a waiver of basic

training from the Municipal Police Officers' Education and

Training Commission and successful completion of mandatory in-

service training.

"College."  A college which has a campus police department,

as used in section 2416 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, certified by

the Office of Attorney General as a criminal justice agency

under the definition of "criminal justice agency" in 18 Pa.C.S.

§ 9102 (relating to definitions).

"Commission."  The Municipal Police Officers' Education and

Training Commission.

"Nonprofit educational corporation."  An accredited, not-for-

profit, private college or university in this Commonwealth as

recognized by the Department of Education of the Commonwealth.

"Police department."  Any of the following:

(1)  A public agency of a political subdivision having

general police powers and charged with making arrests in

connection with the enforcement of the criminal or traffic

laws. This paragraph includes the sheriff's office in a

county of the second class.

(2)  A campus police or university police department, as

the term is used in section 2416 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

certified by the Office of Attorney General as a criminal

justice agency under the definition of "criminal justice

agency" in 18 Pa.C.S. § 9102 (relating to definitions). This

paragraph does not include a campus police or university

police department of the State System of Higher Education and

its member institutions.

(3)  A railroad or street railway police department

formed with officers commissioned under Chapter 33 (relating

to railroad and street railway police) or any prior statute

providing for such commissioning.

(4)  The Capitol Police.

(5)  The Harrisburg International Airport Police.

(6)  An airport authority police department.

Section 2.  This act shall take effect in 60 days.