Regular Session 2017-2018 House Bill 2736 P.N. 4294

PRINTER'S NO. 4294

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2736

Session of

2018

INTRODUCED BY RABB AND SIMS, OCTOBER 17, 2018

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 17, 2018

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

Consolidated Statutes, in other officers, providing for

interdepartmental police hiring reform.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 44 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 72

INTERDEPARTMENTAL POLICE HIRING REFORM

Sec.

7201. Definitions.

7202. Maintenance of records.

7203. Reporting.

7204. Disclosure of separation.

§ 7201. Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Former employing law enforcement agency." A law enforcement

agency in this Commonwealth that was the employer of, or that

issued an oath of office to, a law enforcement officer certified

by the Pennsylvania State Police or the Municipal Police

Officers' Training Commission and that was required to maintain

an employment history record for the law enforcement officer.

"Law enforcement officer." This term shall have the same

meaning as the term "peace officer" is given under 18 Pa.C.S. §

501 (relating to definitions).

"Office." The Office of Attorney General of the

Commonwealth.

"Prospective employing law enforcement agency." A law

enforcement agency in this Commonwealth that is considering

employing a law enforcement officer who was previously employed

with another law enforcement agency in this Commonwealth.

§ 7202. Maintenance of records.

(a) General rule.--In addition to any employment history

record required to be maintained under current law and

regulation, all law enforcement agencies in this Commonwealth

shall maintain the following:

(1) A record regarding the reason or reasons for, and

circumstances surrounding, a separation of service for each

law enforcement officer employed or to whom an oath of office

has been administered.

(2) Records of all criminal charges filed against a law

enforcement officer.

(3) Records of all civil or ethical complaints made

against a law enforcement officer.

(4) The disposition of all charges and complaints,

including disciplinary actions taken against a law

enforcement officer.

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(b) Review of record.--The law enforcement agency shall

allow a separating law enforcement officer to review a record

prepared under this section upon the request of the separating

officer.

(1) If a separating law enforcement officer disagrees

with the accuracy of the contents of the record prepared

under this section, the law enforcement officer may request

the correction or removal of the portion of the record

believed to be incorrect.

(2) If the law enforcement agency and the separating law

enforcement officer cannot reach an agreement on the contents

of the record, the separating law enforcement officer may

submit a written statement explaining the separating law

enforcement officer's position and the basis for the

disagreement.

(3) If a separating law enforcement officer submits a

written statement under this subsection, it must be kept with

the record required under this section and provided with the

rest of the contents of the record as required under section

7204 (relating to disclosure of separation).

§ 7203. Reporting.

(a) Electronic database.--

(1) The office shall establish and maintain an

electronic database containing the records of separation for

all law enforcement officers in this Commonwealth.

(2) The database shall be accessible to all law

enforcement agencies.

(3) Except as provided under section 7204(e)(3)

(relating to disclosure of separation), records maintained in

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the database shall be exempt from disclosure under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

(b) Time period to submit.--Upon the separation of an

officer from a law enforcement agency, the agency shall submit

the separation record to the office within 15 days of

separation.

§ 7204. Disclosure of separation.

(a) Waiver required.--

(1) A law enforcement officer who is certified or was

previously certified in this Commonwealth and was previously

employed as a law enforcement officer in this Commonwealth,

who separates from the employment and subsequently seeks to

become reemployed as a law enforcement officer in this

Commonwealth, shall provide to the prospective employing law

enforcement agency or municipality, upon an offer of

employment, a signed waiver.

(2) A waiver executed under this subsection shall

expressly allow the prospective employing law enforcement

agency or municipality to contact the office to seek a copy

of the separation record containing the reason or reasons

for, and circumstances surrounding, the separation of service

created by the law enforcement officer's former employing law

enforcement agency or agencies.

(3) A waiver under paragraph (1) shall be executed on a

form provided by the office to all law enforcement agencies

or municipalities that employ or administer oaths of office

to law enforcement officers.

(4) The prospective employing law enforcement agency or

municipality shall provide the waiver executed under

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paragraph (1) to the office.

(5) Upon receipt of the waiver, the office shall provide

a copy of the record required under section 7202 (relating to

maintenance of records) to the prospective employing law

enforcement agency or municipality within seven days.

(b) Record of separation condition of hiring.--A prospective

employing law enforcement agency or municipality may not hire a

law enforcement officer to whom section 7202 applies unless the

prospective employing law enforcement agency or municipality

receives the record of separation from the office.

(1) A former employing law enforcement agency that

submits a record of separation under this section in good

faith is immune from civil liability for the disclosure.

(2) A former employing law enforcement agency is

presumed to be acting in good faith at the time of a

disclosure under this section unless a preponderance of the

evidence establishes one or more of the following:

(i) the former employing law enforcement agency knew

that the information disclosed was false or misleading;

(ii) the former employing law enforcement agency

disclosed the information with a reckless disregard for

the truth; or

(iii) the disclosure was specifically prohibited by

a Federal or State statute.

(d) Public notice required prior to hiring.--A prospective

employing law enforcement agency or municipality that hires an

officer whose record of separation includes any of the following

reasons or circumstances for separation shall issue a public

notice 14 days before the prospective employing law enforcement

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agency or municipality takes formal action to hire the

prospective officer:

(1) Substantiated allegations, substantiated complaints

or completed or ongoing investigations, whether internal or

external, of the use of excessive force, harassment, theft,

discrimination, sexual abuse, sexual misconduct, domestic

violence, coercion of a false confession, filing a false

report or a judicial finding of dishonesty.

(2) Criminal charges related to allegations of use of

excessive force, harassment, theft, discrimination, sexual

abuse, sexual misconduct, domestic violence, coercion of a

false confession, filing a false report or a judicial finding

of dishonesty.

(e) Hiring report to be filed.--

(1) Within 14 days of a formal action to hire the

officer, the prospective employing law enforcement agency or

municipality must file a report with the office that

indicates the prospective employing law enforcement agency's

or municipality's reasoning and rationale for hiring the

officer.

(2) The hiring report shall be included in the office's

electronic database.

(3) The hiring report shall be subject to disclosure

under the act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(4) A copy of the hiring report shall be transmitted to

and maintained by the Pennsylvania Commission on Crime and

Delinquency.

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

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