1Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and 
2Judicial Procedure) and 53 (Municipalities Generally) of the 
3Pennsylvania Consolidated Statutes, in general provisions,
4further defining "police officer"; in municipal police
5jurisdiction, further defining "chief law enforcement
6officer" and "municipal police officer"; further providing
7for noncompliance with mandatory certification requirements;
8in employees, making an editorial change; providing for
9county sheriffs and deputy sheriffs; in municipal police
10education and training, further defining "police officer";
11further providing for members of the Municipal Police 
12Officers' Education and Training Commission; and repealing 
13related provisions of the Second Class County Code.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. The definition of "police officer" in section 103
17of Title 18 of the Pennsylvania Consolidated Statutes is amended
18to read:

19§ 103. Definitions.

20Subject to additional definitions contained in subsequent
21provisions of this title which are applicable to specific
22provisions of this part, the following words and phrases when
23used in this title shall have, unless the context clearly

1indicates otherwise, the meanings given to them in this section:

2* * *

3"Police officer." The term shall include the sheriff of a
4county of the first class, second class, second class A, third 
5class, fourth class, fifth class, sixth class, seventh class or 
6eighth class and a deputy [sheriffs] sheriff of a county of the
7first class, second class, second class A, third class, fourth 
8class, fifth class, sixth class, seventh class or eighth class
9who have successfully completed the requirements under [the act
10of June 18, 1974 (P.L.359, No.120), referred to as the Municipal
11Police Education and Training Law] 53 Pa.C.S. Ch. 21 Subch. D 
12(relating to municipal police education and training) or the act 
13of February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs' 
14Education and Training Act.

15* * *

16Section 2. The definitions of "chief law enforcement
17officer" and "municipal police officer" in section 8951 of Title
1842 are amended to read:

19§ 8951. Definitions.

20The following words and phrases when used in this subchapter
21shall have, unless the context clearly indicates otherwise, the
22meanings given to them in this section:

23"Chief law enforcement officer." The head of a duly
24constituted municipal law enforcement agency which regularly
25provides primary police services to a political subdivision or,
26in the absence of any such municipal law enforcement agency, the
27commanding officer of the Pennsylvania State Police installation
28which regularly provides primary police services to the
29political subdivision or, in the case of any occurrence or event 
30that takes place on real property owned or leased by a county
 

1government, including, but not limited to, a county correctional 
2facility, courthouse or park, the sheriff of the county.

3"Municipal police officer." Any natural person who is
4properly employed by a municipality, including a home rule
5municipality, as a regular full-time or part-time police officer
6or a certified sheriff or deputy sheriff.

7* * *

8Section 3. Section 8954 of Title 42 is amended to read:

9§ 8954. Noncompliance with mandatory certification
10requirements.

11Any person employed as a municipal police officer who is
12subject to the mandatory certification requirements of the
13training law and fails to obtain the required certification from
14the Commissioner of the Pennsylvania State Police or the 
15executive director of the Pennsylvania Commission on Crime and 
16Delinquency within the time limits provided by law shall cease
17to be empowered or authorized to function as a municipal police
18officer for any purpose whatsoever.

19Section 4. Subchapter A heading of Chapter 21 of Title 53 is
20amended to read:

21Subchapter A

22[(Reserved)]

23County Officers and Employees

24Section 5. Title 53 is amended by adding sections to read:

25§ 2111. Office of Sheriff.

26(a) Qualifications.--On or after January 1, 2012, a person
27shall not be eligible to be a candidate for the Office of
28Sheriff and a person shall not be elected or appointed to the
29Office of Sheriff unless that person meets the following
30qualifications:

1(1) Is a citizen of the United States.

2(2) Has been a resident of the county for at least one
3year.

4(3) Has not been convicted of an offense graded higher
5than a misdemeanor of the third degree.

6(4) Is at least 18 years of age.

7(b) Educational requirements.--

8(1) Except as otherwise provided in this subchapter, any
9person first elected to the Office of Sheriff on or after
10January 1, 2012, shall have completed a recognized law
11enforcement management/administration program including, but
12not limited to, the National Sheriffs' Institute training
13course. In the event the individual elected as sheriff has
14not completed the National Sheriffs' Institute's or a similar
15course, the individual shall within the first term of office
16successfully complete the National Sheriffs' Institute
17training course administered by the National Sheriffs'
18Association.

19(2) (i) A sheriff who has successfully completed
20training under Subchapter D (relating to municipal police
21education and training) or the act of February 9, 1984
22(P.L.3, No.2), known as the Deputy Sheriffs' Education
23and Training Act, or Pennsylvania State Police training
24shall be eligible to perform all duties authorized by
25law.

26(ii) A sheriff who has not completed training in
27accordance with this section shall serve in an
28administrative capacity and be eligible only to complete
29administrative functions unless or until such training is
30completed. A sheriff who completes administrative

1functions and serves in an administrative capacity shall
2only provide administrative functions including, but not
3limited to, planning, organizing, staffing and directing
4of the office of sheriff, and may not perform law
5enforcement functions as authorized by law.

6§ 2112. Deputies and clerks.

7(a) General rule.--The sheriff of each county may appoint
8such deputies and clerks as may be necessary to properly
9transact business of the office. The sheriff may hire, discharge
10and supervise the deputies and clerks in accordance with law.
11The number of deputies and clerks shall be determined by the
12county salary board.

13(b) Educational requirements.--A deputy appointed on or
14after January 1, 2012, shall have successfully completed the
15standards and training in accordance with Subchapter D (relating
16to municipal police education and training) or the act of
17February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs'
18Education and Training Act, if they are substantially equal to
19the standards and training under Subchapter D.

20(c) Hiring procedure.--A deputy shall be hired by the
21sheriff utilizing the same process as the county district
22attorney for the employment of county detectives.

23(d) Rights.--Except where prohibited by law, deputy sheriffs
24shall be subject to the act of July 23, 1970 (P.L.563, No.195),
25known as the Public Employe Relations Act, in the same manner
26and receive the same rights as units of guards at prisons or
27mental hospitals or units of employees directly involved with
28and necessary to the function of the courts in this
29Commonwealth. The rights shall include, but not be limited to,
30the right to a separate homogeneous bargaining unit.

1§ 2113. Powers and duties of sheriff and deputy sheriff.

2(a) General rule.--A sheriff and deputy sheriff shall
3perform and possess all authority and powers to perform all
4duties required of a police officer, sheriff or deputy sheriff
5or law enforcement official in accordance with the following
6laws:

7(1) Title 18 (relating to crimes and offenses) of the
8Pennsylvania Consolidated Statutes.

9(2) Title 75 (relating to vehicles) of the Pennsylvania
10Consolidated Statutes.

11(3) Dealer licensing under the act of February 24, 1984
12(P.L.92, No.17), referred to as the Precious Metal Sale
13Regulation Law.

14(4) Issuing firearms licenses and investigating and
15enforcing the laws relating to violations and performing all
16duties required by 18 Pa.C.S. Ch. 61 (relating to firearms
17and other dangerous articles).

18(5) Conduct investigations under 3 Pa.C.S. Ch. 23
19(relating to domestic animals).

20(6) Remove at the expense of the owner all stocks of
21consumer fireworks or display fireworks or combustibles sold
22or stored in violation of the act of May 15, 1939 (P.L.134,
23No.65), referred to as the Fireworks Law.

24(7) Make arrests and perform all duties required of the
25sheriff by 23 Pa.C.S. Ch. 61 (relating to protection from
26abuse).

27(8) Seize all guns used or possessed in violation of the
28laws of this Commonwealth.

29(9) Enforce the act of July 10, 1981 (P.L.214, No.67),
30known as the Bingo Law.

1(b) Execution of process, writs and orders.--The sheriff
2shall either personally or by deputy, execute all process, writs
3and orders issued or made by lawful authority and delivered to
4the sheriff.

5(c) Jurisdiction.--

6(1) The sheriff shall have primary jurisdiction within
7all courthouses of the county and other county-owned or
8leased buildings, properties and facilities including
9properties owned or leased by county agencies and, as such,
10shall enforce good order in county courthouses, or other
11grounds and buildings owned or leased by the county or within
12500 feet of county-owned or leased property and upon the
13sidewalks, roads, streets and parking areas within such area.

14(2) The sheriff shall safeguard and have law
15enforcement, investigation and arrest authority in county
16courthouses, in county-owned or leased buildings and with
17respect to all other county or county agency property.

18(d) School resource officers.--A sheriff may serve as a
19school resource officer.

20(e) Assistance to other law enforcement officials.--A
21sheriff may assist the Attorney General of the Commonwealth, the
22county district attorney and other law enforcement officials in
23the enforcement of the laws of this Commonwealth, including, but
24not limited to, participation in the following:

25(1) Terrorism task forces.

26(2) Attorney General or District Attorney drug task
27forces.

28(3) Joint task forces in association with other Federal,
29State and local law enforcement agencies.

30(f) Search and rescue operations.--A sheriff may search and

1rescue persons who are lost or are in danger of their lives
2within or in the immediate vicinity of the county.

3(g) Municipal police powers.--A sheriff may exercise the
4authority and power provided to municipal police officers by 42
5Pa.C.S. Ch. 89, Subch. D (relating to municipal police
6jurisdiction).

7(h) Cooperative agreements.--A sheriff may enter into
8cooperative law enforcement police service agreements under 42
9Pa.C.S. § 8953(e) (relating to Statewide municipal police
10jurisdiction) with other municipalities for purposes of,
11including, but not limited to, describing conditions of mutual
12aid, assigning liability and determining appropriate costs of
13these cooperative efforts with the approval of the board of
14county commissioners or the county council in home rule
15counties.

16(i) Other duties.--A sheriff shall perform all other duties
17required of the sheriff by law or lawfully by a court of this
18Commonwealth.

19§ 2114. Construction.

20Nothing in this subchapter shall be construed to abolish or
21supplant an existing police department or law enforcement agency
22or eliminate, supplant, reduce or displace the employment of any
23municipal police chief or officer.

24Section 6. The definition of "police officer" in section
252162 of Title 53 is amended to read:

26§ 2162. Definitions.

27The following words and phrases when used in this subchapter
28shall have the meanings given to them in this section unless the
29context clearly indicates otherwise:

30* * *

1"Police officer." Any of the following:

2(1) A full-time or part-time employee assigned to
3criminal or traffic law enforcement duties of any of the
4following:

5(i) A police department of a county, city, borough,
6town or township.

7(ii) Any railroad or street railway police.

8(iii) Any campus or university police department.

9(iv) The Capitol Police.

10(v) The Harrisburg International Airport Police.

11(vi) An airport authority police department.

12(2) A sheriff or deputy sheriff of a county [of the
13second class].

14(3) A security officer of a first class city housing
15authority or a police officer of a second class city housing
16authority.

17The term excludes persons employed to check parking meters or to
18perform only administrative duties and auxiliary and fire
19police.

20* * *

21Section 7. Section 2163(a)(3) of Title 53 is amended to
22read:

23§ 2163. Commission members.

24(a) Selection.--The commission shall be composed of [20
25members as follows] the following members:

26* * *

27(3) The following members shall be appointed by the
28Governor.

29(i) A borough official, a first class township
30official, a second class township official and a city

1official.

2(ii) Four incumbent chiefs of police from the
3various municipalities of this Commonwealth, at least one
4to be a chief of a borough police department, at least
5one to be a chief of a township police department and at
6least one to be a chief of a city police department.

7(iii) One Federal Bureau of Investigation special
8agent-in-charge.

9(iv) One educator qualified in the field of law
10enforcement.

11(v) One member representing the public at large.

12(vi) Two noncommissioned police officers.

13(vii) A director of one of the certified training
14schools.

15(viii) Two sheriffs.

16(ix) Two deputy sheriffs.

17* * *

18Section 8. Repeals are as follows:

19(1) The General Assembly finds that the repeals in
20paragraphs (2) and (3) are necessary to effectuate this act.

21(2) Article XII of the act of July 28, 1953 (P.L.723,
22No.230), known as the Second Class County Code, to the extent
23of any inconsistency with this act.

24(3) Any act or part of an act is repealed to the extent
25of any inconsistency with this act.

26Section 9. This act shall take effect in 60 days.