SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HAHN, BENNINGHOFF, K. BOYLE, BRENNAN, CALTAGIRONE, CLYMER, CREIGHTON, DENLINGER, FARRY, GEIST, GINGRICH, GROVE, HARKINS, HENNESSEY, HESS, HICKERNELL, M. K. KELLER, KILLION, KULA, MARSHALL, MILLER, MOUL, MURT, PETRARCA, PYLE, QUINN, REICHLEY, SWANGER, TAYLOR AND YOUNGBLOOD, DECEMBER 5, 2011

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 15, 2012   

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, further providing for powers and

duties of Municipal Police Officers' Education and Training

Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2164(15) of Title 53 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

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adding paragraphS to read:

§ 2164.  Powers and duties of commission.

The powers and duties of the commission shall be as follows:

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(3.1)  To suspend or revoke the certification of a police

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officer or the approval of an instructor for a violation of

37 Pa. Code Ch. 203 (relating to administration of the

program). A hearing examiner appointed by the commission

shall recommend to the commission whether the certification

of a police officer or the approval of an instructor shall be

suspended or revoked. In the case of a suspension, the

hearing examiner shall recommend a period of suspension. If

the commission suspends the certification of a police officer

or the approval of an instructor, the police officer or the

instructor may reapply for certification or approval no

sooner than one year after the date of suspension. A police

officer whose certification was revoked prior to the

effective date of this paragraph may apply to the commission

for reinstatement. The commission shall develop standards to

determine whether certification should be reinstated.

(3.1)  To suspend or revoke the certification of a police

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officer or the approval of an instructor for a violation of

37 Pa. Code Ch. 203 (relating to administration of the

program). The following shall apply:

(i)  In the case of a suspension, a hearing examiner

appointed by the commission shall recommend to the

commission whether the certification of a police officer

or the approval of an instructor shall be suspended. If

the certification or approval is suspended, the hearing

examiner shall recommend a period of suspension which may

be approved by the commission. At the end of the period

of suspension, the police officer or instructor may

reapply for certification or approval.

(ii)  A police officer or instructor whose

certification or approval is revoked before, on or after

the effective date of this paragraph may apply to the

commission for reinstatement no sooner than one year

following the date of revocation.

(iii)  The commission shall develop standards and

guidelines to determine whether certification or approval

shall be reinstated. Separate standards shall be

developed for suspension and revocations.

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(15)  With respect to mandatory basic training:

(i)  To grant waivers of mandatory basic training to

police officers who have successfully completed previous

equivalent training or who have acceptable full-time

[police] experience, or both.

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(ii)  To grant waivers of portions of mandatory basic

training to Federal law enforcement officers and military

police officers who have successfully completed previous

equivalent training. In order to be certified by the

commission, Federal law enforcement officers and military

police officers shall fulfill basic police training

requirements and meet the minimum standards required for

certification.

(16)  To assess, in consultation with the Department of

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Military and Veterans Affairs, the Department of Health and

other State, community or local organizations and agencies

that have expertise in the field of traumatic brain injury

(TBI) and post-traumatic stress disorder (PTSD), the training

needs of police officers on recognizing and interacting with

veterans and other individuals suffering from TBI or PTSD.

Should the commission determine that there is a need for

specialized training on TBI and PTSD, the commission shall

develop a training course that shall be made available to all

police officers and law enforcement agencies within this

Commonwealth.

Section 2.  This act shall take effect in 60 days 

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immediately.

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