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SENATE AMENDED
PRIOR PRINTER'S NOS. 2335, 3609
PRINTER'S NO. 3732
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1738
Session of
2017
INTRODUCED BY MARSICO, PASHINSKI, PICKETT, FREEMAN, QUIGLEY,
B. O'NEILL, SAYLOR, D. COSTA, A. HARRIS, MARSHALL, MILLARD,
WHEELAND, DeLUCA, ZIMMERMAN, WATSON, BENNINGHOFF, BARBIN,
CALTAGIRONE AND JOZWIAK, AUGUST 24, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 18, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in commencement of
proceedings, further providing for definitions and, providing
for nonmunicipal police extraterritorial jurisdiction for
purposes of municipal police jurisdiction. AND FOR AGENTS OF
THE OFFICE OF ATTORNEY GENERAL FOR PURPOSES OF MUNICIPAL
POLICE JURISDICTION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8951 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 8951. Definitions.
The following words and phrases when used in this subchapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Nonmunicipal police department." The term shall have the
same meaning as paragraphs (2), (3), (4), (5) and (6) in the
definition of "police department" in 53 Pa.C.S. § 2162 (relating
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to definitions) AND SHALL INCLUDE THE OFFICE OF ATTORNEY
GENERAL .
"Nonmunicipal police officer." A police officer employed by
a nonmunicipal police department as a regular full-time or part-
time police officer . AND AN AGENT OF THE OFFICE OF ATTORNEY
GENERAL AS DEFINED IN PARAGRAPH (2) OF THE DEFINITION OF
"ENFORCEMENT OFFICER" IN 71 PA.C.S. § 5102 (RELATING TO
DEFINITIONS).
* * *
Section 2. Title 42 is amended by adding a section SECTIONS
to read:
§ 8953.1. Nonmunicipal police extraterritorial jurisdiction.
(a) Power and authority.--In addition to a power and
authority vested by law, a nonmunicipal police officer who is
within this Commonwealth, but beyond the territorial limit of
the jurisdiction established for the officer's nonmunicipal
police department by law, shall have the power and authority to
enforce the laws of this Commonwealth or to perform a function
of a municipal police officer in the following circumstances:
(1) If the officer is in hot pursuit of a person for an
offense which was committed, or which the officer has
probable cause to believe was committed, within the officer's
jurisdiction and for which the officer continues in fresh
pursuit of the person after the commission of the offense.
(2) If the officer has been requested to IMMEDIATELY aid
or assist a Federal, State or local law enforcement officer
or park police officer or has probable cause to believe that
the other officer is in need of aid or assistance.
(3) If, while on official business, the officer views an
offense and makes a reasonable effort to identify himself or
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herself as a police officer and the offense is:
(i) A felony.
(ii) A misdemeanor.
(iii) A breach of the peace or other act that
presents an immediate clear and present danger to a
person or property.
(4) If the officer views an offense that is a felony and
makes a reasonable effort to identify himself or herself as a
police officer.
(b) Applicability.--A nonmunicipal police officer acting in
accordance with the authority granted under this section shall
be subject to section 8953(b), (c) and (d) (relating to
Statewide municipal police jurisdiction) to the same extent as
would a municipal police officer.
§ 8953.2. AGENTS OF THE OFFICE OF ATTORNEY GENERAL.
(A) POWER AND AUTHORITY.--AN AGENT OF THE OFFICE OF ATTORNEY
GENERAL AS DEFINED IN PARAGRAPH (2) OF THE DEFINITION OF
"ENFORCEMENT OFFICER" IN 71 PA.C.S. § 5102 (RELATING TO
DEFINITIONS) IN ADDITION TO THE POWER AND AUTHORITY VESTED BY
LAW, SHALL HAVE THE POWER AND AUTHORITY TO ENFORCE THE LAWS OF
THIS COMMONWEALTH OR TO PERFORM A FUNCTION OF A MUNICIPAL POLICE
OFFICER IN THE FOLLOWING CIRCUMSTANCES:
(1) IF THE OFFICER HAS BEEN REQUESTED TO IMMEDIATELY AID
OR ASSIST A FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICER
OR PARK POLICE OFFICER OR HAS PROBABLE CAUSE TO BELIEVE THAT
THE OTHER OFFICER IS IN NEED OF AID OR ASSISTANCE.
(2) IF, WHILE ON OFFICIAL BUSINESS, THE OFFICER VIEWS AN
OFFENSE AND MAKES A REASONABLE EFFORT TO IDENTIFY HIMSELF OR
HERSELF AS A POLICE OFFICER AND THE OFFENSE IS:
(I) A FELONY.
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(II) A MISDEMEANOR.
(III) A BREACH OF THE PEACE OR OTHER ACT THAT
PRESENTS AN IMMEDIATE CLEAR AND PRESENT DANGER TO A
PERSON OR PROPERTY.
(3) IF THE OFFICER VIEWS AN OFFENSE THAT IS A FELONY AND
MAKES A REASONABLE EFFORT TO IDENTIFY HIMSELF OR HERSELF AS A
POLICE OFFICER.
(B) APPLICABILITY.--AN AGENT OF THE OFFICE OF ATTORNEY
GENERAL ACTING IN ACCORDANCE WITH THE AUTHORITY GRANTED UNDER
THIS SECTION SHALL BE SUBJECT TO SECTION 8953(B), (C) AND (D)
(RELATING TO STATEWIDE MUNICIPAL POLICE JURISDICTION) TO THE
SAME EXTENT AS WOULD A MUNICIPAL POLICE OFFICER.
Section 3. This act shall take effect in 60 days.
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