1Amending Titles 18 (Crimes and Offenses) and 44 (Law and
2Justice) of the Pennsylvania Consolidated Statutes,
3regulating neighborhood watch groups; imposing powers and
4duties on the Pennsylvania State Police; establishing a fund;
5and making an appropriation.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 18 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

10§ 5518. Vigilantism.

11(a) Offense defined.--

12(1) A person commits an offense if the person organizes
13as a volunteer group to reduce or prevent crime in a
14community without being certified under 44 Pa.C.S. 7305
15(relating to certification).

16(2) An individual commits an offense if the individual
17engages in self-appointed law enforcement as a part of a
18volunteer group organized to reduce or prevent crime in a
19community without being licensed under 44 Pa.C.S. 7306

1(relating to licensure).

2(b) Grading.--An offense under this section is a summary
3offense.

4Section 2. Title 44 of the Pennsylvania Consolidated
5Statutes is amended by adding a chapter to read:

6CHAPTER 73

7NEIGHBORHOOD WATCH GROUPS

8Sec.

97301. Definitions.

107302. Administration.

117303. Fund.

127304. Training.

137305. Certification.

147306. Licensure.

15§ 7301. Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Commissioner." The Commissioner of the Pennsylvania State
20Police.

21"Fund." The Neighborhood Watch Fund established in section
227303(a) (relating to fund).

23"Neighborhood watch group." A group of individuals who are
24organized to prevent or reduce crime in a specified geographical
25area within a municipality.

26"Neighborhood watch member." An individual who is a member
27of a neighborhood watch group.

28§ 7302. Administration.

29(a) Duties.--In order to implement this chapter, the
30commissioner has the following duties:

1(1) Development and operation of the programs under
2section 7304 (relating to training).

3(2) Development and operation of the programs under:

4(i) section 7305 (relating to certification); and

5(ii) section 7306 (relating to licensure).

6(3) Coordination with law enforcement agencies in
7municipalities.

8(b) Powers.--In order to implement this chapter, the
9commissioner has the following powers:

10(1) Promulgation of regulations.

11(2) Investigation of proper operation of neighborhood
12watch groups and neighborhood watch members.

13(3) Assistance of law enforcement agencies in
14municipalities.

15(4) Supplementing programs under section 7304.

16§ 7303. Fund.

17(a) Establishment.--The Neighborhood Watch Fund is
18established as a separate fund in the State Treasury.

19(b) Purpose.--The Pennsylvania State Police shall use the
20fund to implement the following provisions:

21(1) Section 7302 (a)(3) and (b)(3) (relating to
22administration).

23(2) Section 7304 (relating to training).

24(3) Section 7305 (relating to certification).

25(4) Section 7306 (relating to licensure).

26(c) Sources.--The following are the sources of the fund:

27(1) Appropriations.

28(2) Fees under sections:

29(i) 7505(b)(2); and

30(ii) 7306(b)(2).

1(3) Return on the money in the fund.

2(d) Nonlapse.--The money in the fund is continuously
3appropriated into the fund. This appropriation shall not lapse
4at the end of any fiscal year.

5§ 7304. Training.

6(a) Neighborhood watch groups.--In order to train
7neighborhood watch groups, the Pennsylvania State Police shall
8establish a Statewide training program and make the training
9program available to municipal law enforcement agencies. A
10municipal law enforcement agency shall train neighborhood watch
11group managers of a neighborhood watch group located in the
12municipality served by the municipal law enforcement agency. If
13a municipality is served by the Pennsylvania State Police
14instead of a municipal law enforcement agency, the Pennsylvania
15State Police shall provide training to the neighborhood watch
16group managers. The program under this subsection shall consist
17of the following:

18(1) Compliance with sections:

19(i) 7305 (relating to certification); and

20(ii) 7306 (relating to licensure).

21(2) Limitation of functions of neighborhood watch groups
22to surveillance and reporting.

23(3) Common law principles of arrest by private persons.

24(4) Statutory principles under 18 Pa.C.S. Ch. 5
25(relating to general principles of justification).

26(5) Compliance with 18 Pa.C.S. Ch. 61 (relating to
27firearms and other dangerous articles).

28(6) Problems associated with racial profiling.

29(b) Neighborhood watch members.--In order to train
30neighborhood watch members, the Pennsylvania State Police shall

1establish a Statewide training program and make the training
2program available to municipal law enforcement agencies. A
3municipal law enforcement agency shall train neighborhood watch
4group members of a neighborhood watch group located in the
5municipality served by the municipal law enforcement agency. If
6a municipality is served by the Pennsylvania State Police
7instead of a municipal law enforcement agency, the Pennsylvania
8State Police shall provide training to the neighborhood watch
9group members. The program under this subsection shall consist
10of the following:

11(1) Compliance with section 7306.

12(2) Limitation of functions of neighborhood watch groups
13to surveillance and reporting.

14(3) Common law principles of arrest by private persons.

15(4) Statutory principles under 18 Pa.C.S. Ch. 5.

16(5) Compliance with 18 Pa.C.S. Ch. 61.

17(6) Problems associated with racial profiling.

18§ 7305. Certification.

19(a) Eligibility.--A neighborhood watch group is eligible for
20certification if all of the following apply:

21(1) The neighborhood watch group is approved by a law
22enforcement agency in a municipality.

23(2) Every manager and member of the neighborhood watch
24group complete the program under section 7304(a) (relating to
25training).

26(b) Procedure.--To receive certification, a neighborhood
27watch group must do all of the following:

28(1) Demonstrate to the Pennsylvania State Police
29eligibility under subsection (a).

30(2) Pay a fee set by the Pennsylvania State Police.

1(c) Obligations.--A certified neighborhood watch group has
2the following obligations:

3(1) Submit an annual report for each of its neighborhood
4watch members to the Pennsylvania State Police based on 18
5Pa.C.S. Ch. 91 (relating to criminal history record
6information).

7(2) Cooperate to carry out this chapter with the
8Pennsylvania State Police and the law enforcement agency
9under subsection (a)(2).

10(d) Duration.--

11(1) Certification is valid for five years based upon:

12(i) continued eligibility under subsection (a); and

13(ii) compliance with this chapter.

14(2) Certification is subject to renewal under subsection
15(b).

16§ 7306. Licensure.

17(a) Eligibility.--A neighborhood watch member is eligible
18for licensure if all of the following apply:

19(1) The applicable neighborhood watch group is certified
20under section 7305 (relating to certification).

21(2) The neighborhood watch member completes the program
22under section 7304(b) (relating to training).

23(3) The neighborhood watch member has been a resident of
24the geographical area served by the applicable neighborhood
25watch group for at least one year prior to initial licensure
26or license renewal.

27(4) The neighborhood watch member has not been sentenced
28for an offense graded higher than a summary offense.

29(b) Procedure.--To receive licensure, a neighborhood watch
30member must do all of the following:

1(1) Demonstrate to the Pennsylvania State Police
2eligibility under subsection (a).

3(2) Pay a fee set by the Pennsylvania State Police.

4(c) Duration.--

5(1) Licensure is valid for two years based on:

6(i) continued eligibility under subsection (a); and

7(ii) compliance with this chapter.

8(2) Licensure is subject to renewal under subsection
9(b).

10Section 3. This act shall take effect in 60 days.