PRINTER'S NO. 3393
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2084
Session of
2015
INTRODUCED BY SNYDER, MAHONEY, READSHAW, O'BRIEN, BURNS,
DRISCOLL, MASSER, YOUNGBLOOD, MILLARD, SACCONE, CAUSER,
BOBACK, McNEILL, GIBBONS, WARD, SAYLOR, EVERETT, MULLERY,
TOOHIL, GOODMAN, DAVIS, NEUMAN, A. HARRIS, D. COSTA,
B. MILLER AND DeLUCA, MAY 19, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MAY 19, 2016
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions, providing
for oleoresin capsicum spray.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5907. Oleoresin capsicum spray.
(a) Issuance.--The department shall issue, on a routine
basis, oleoresin capsicum spray to:
(1) Any officer or employee of the department who:
(i) is employed in a State correctional institution
that is not a minimum-security or low-security State
correctional institution; and
(ii) may respond to an emergency situation in a
State correctional institution.
(2) To additional officers and employees of a State
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correctional institution as the department determines
appropriate, in accordance with this section.
(b) Training.--The following shall apply:
(1) In order for an officer or employee of the
department, including a corrections officer, to be eligible
to receive and carry oleoresin capsicum spray under this
section, the officer or employee shall complete a training
course annually on the use of oleoresin capsicum spray.
(2) An officer or employee of the department who
completes a training course under paragraph (1) and
subsequently transfers to employment at a different State
correctional institution shall not be required to complete an
additional training course solely due the transfer.
(3) An officer or employee of the department who
completes a training course required under paragraph (1)
shall do so during the course of that officer's or employee's
regular employment and shall be compensated at the same rate
that the officer or employee would be compensated for
conducting the officer's or employee's regular duties.
(c) Use of oleoresin capsicum spray.--Officers and employees
of the department that are issued oleoresin capsicum spray under
subsection (a) may use the spray to reduce acts of violence:
(1) committed by inmates against themselves, other
inmates, inmate visitors and officers and employees of the
department; or
(2) committed by inmate visitors against themselves,
inmates, other visitors and officers and employees of the
department.
Section 2. This act shall take effect in 60 days.
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