Regular Session 2015-2016 House Bill 1538 P.N. 4125

SENATE AMENDED

PRIOR PRINTER'S NOS. 2173, 2509, 4029

PRINTER'S NO. 4125

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1538

Session of

2015

INTRODUCED BY WHITE, READSHAW, BAKER, BARRAR, BENNINGHOFF,

BLOOM, CORBIN, DAY, DiGIROLAMO, EVERETT, FARRY, FEE,

GINGRICH, GREINER, GROVE, HEFFLEY, IRVIN, JOZWIAK, KAUFFMAN,

MARSHALL, MILNE, MURT, O'NEILL, D. PARKER, PETRI, QUIGLEY,

M. QUINN, RADER, REGAN, SANTORA, SAYLOR, SONNEY, TALLMAN,

TAYLOR, TOEPEL, TOOHIL, VEREB, WARD, WARNER, ZIMMERMAN,

BIZZARRO, BOYLE, D. COSTA, DAVIS, DRISCOLL, KORTZ, NEILSON,

YOUNGBLOOD, SACCONE, FLYNN, WHEELAND, GABLER, DELOZIER, ROAE,

CUTLER, HARPER, BARBIN AND RAPP, SEPTEMBER 11, 2015

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 25, 2016

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

Consolidated Statutes, adding provisions for law enforcement

activities by providing for release of law enforcement

officer information when firearm discharged or use of force.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part I of Title 44 of the Pennsylvania

Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 5

LAW ENFORCEMENT ACTIVITIES

Subchapter

A. Preliminary Provisions (Reserved)

B. General Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

(Reserved)

SUBCHAPTER B

GENERAL PROVISIONS

Sec.

511. Release of law enforcement officer information when

firearm discharged or use of force.

§ 511. Release of law enforcement officer information when

firearm discharged or use of force.

(a) General rule.--Pending the conclusion of an official

investigation that involves the discharge of a firearm or use of

force by a law enforcement officer during the performance of the

law enforcement officer's official duties, the name and

identifying information of the law enforcement officer may not

be released to the public by any public official or public

employee conducting or participating in the official

investigation or any person acting on behalf of such public

official or public employee.

(b) Conclusion of official investigation.--After the

official investigation concludes:

(1) The law enforcement officer's name and identifying

information shall be released to the public if the law

enforcement officer is charged with a criminal offense

relating to the discharge of the firearm or use of force. The

release of the information must occur in accordance with

applicable law.

(2) If the law enforcement officer is not charged with a

criminal offense relating to the discharge of the firearm or

the use of force, the law enforcement officer's name and

identifying information may not be released to the public, if

the release of the information can reasonably be expected to

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create a risk of harm to the person or property of the law

enforcement officer or an immediate family member of the law

enforcement officer.

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Immediate family member." The spouse, child, parent or

sibling of a law enforcement officer.

"Law enforcement officer." The term shall have the meaning

given to the term "peace officer" in section 501 (relating to

definitions).

(A) GENERAL RULE.--

(1) EXCEPT AS PROVIDED UNDER PARAGRAPHS (2), (3) AND

(4), IF AN OFFICIAL INVESTIGATION HAS BEEN INITIATED INTO THE

DISCHARGE OF A FIREARM OR USE OF FORCE BY A LAW ENFORCEMENT

OFFICER DURING THE PERFORMANCE OF THE LAW ENFORCEMENT

OFFICER'S OFFICIAL DUTIES THAT RESULTS IN DEATH OR SERIOUS

BODILY INJURY OF AN INDIVIDUAL, THE NAME AND IDENTIFYING

INFORMATION OF THE LAW ENFORCEMENT OFFICER MAY NOT BE

RELEASED TO THE PUBLIC BY:

(I) A PUBLIC EMPLOYEE OF THE LAW ENFORCEMENT

OFFICER'S EMPLOYING AGENCY.

(II) THE AGENCY CONDUCTING OR PARTICIPATING IN THE

OFFICIAL INVESTIGATION.

(III) A PERSON ACTING ON BEHALF OF A PUBLIC

EMPLOYEE UNDER SUBPARAGRAPH (I) OR AN AGENCY UNDER

SUBPARAGRAPH (II).

(2) A PUBLIC EMPLOYEE OF THE OFFICER'S EMPLOYING AGENCY,

THE AGENCY CONDUCTING OR PARTICIPATING IN THE OFFICIAL

INVESTIGATION OR A PERSON ACTING ON BEHALF OF THE PUBLIC

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EMPLOYEE OR AGENCY SHALL RELEASE THE NAME OR IDENTIFYING

INFORMATION OF THE LAW ENFORCEMENT OFFICER AT THE CONCLUSION

OF THE INVESTIGATION IF THE LAW ENFORCEMENT OFFICER IS

CHARGED WITH A CRIMINAL OFFENSE ARISING OUT OF THE DISCHARGE

OF THE FIREARM OR USE OF FORCE.

(3) EXCEPT DURING ANY PERIOD IN WHICH THE RELEASE OF THE

INFORMATION CAN REASONABLY BE EXPECTED TO CREATE A RISK OF

HARM TO THE PERSON OR PROPERTY OF THE LAW ENFORCEMENT OFFICER

OR AN IMMEDIATE FAMILY MEMBER OF THE LAW ENFORCEMENT OFFICER,

A PUBLIC EMPLOYEE OF THE OFFICER'S EMPLOYING AGENCY, THE

AGENCY CONDUCTING OR PARTICIPATING IN THE OFFICIAL

INVESTIGATION OR A PERSON ACTING ON BEHALF OF THE PUBLIC

EMPLOYEE OR AGENCY MAY RELEASE THE NAME OR IDENTIFYING

INFORMATION OF THE LAW ENFORCEMENT OFFICER:

(I) THIRTY DAYS AFTER THE DISCHARGE OF THE FIREARM

OR USE OF FORCE; OR

(II) AFTER COMPLETION OF THE OFFICIAL INVESTIGATION.

(4) THE NAME OR IDENTIFYING INFORMATION OF THE LAW

ENFORCEMENT OFFICER MAY BE RELEASED IF:

(I) THE THE LAW ENFORCEMENT OFFICER CONSENTS IN

WRITING TO THE RELEASE OF THE INFORMATION . ; OR

(II) DISCLOSURE DISCLOSURE IS MADE PURSUANT TO COURT

RULES.

(B) PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A

MISDEMEANOR OF THE SECOND DEGREE.

OF THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY'S OFFICE.

(D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "LAW

ENFORCEMENT OFFICER" HAS THE MEANING GIVEN TO THE TERM "PEACE

OFFICER" IN 18 PA.C.S. § 501 (RELATING TO DEFINITIONS).

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(D) 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:

"LAW ENFORCEMENT OFFICER." HAS THE MEANING GIVEN TO THE TERM

"PEACE OFFICER" IN 18 PA.C.S. § 501 (RELATING TO DEFINITIONS).

"SERIOUS BODILY INJURY." AS DEFINED IN 18 PA.C.S. § 2301

(RELATING TO DEFINITIONS).

"USE OF FORCE." ANY APPLICATION OF FORCE BY A LAW

ENFORCEMENT OFFICER AGAINST ANOTHER INDIVIDUAL.

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

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