PRINTER'S NO. 2224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1666
Session of
2019
INTRODUCED BY RABB, WEBSTER, KINSEY, LEE, FRANKEL, GAINEY,
A. DAVIS, HILL-EVANS, McCLINTON, FIEDLER, BULLOCK, DAVIDSON,
MADDEN AND WHEATLEY, JUNE 24, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 24, 2019
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:
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"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' Education and Training Commission and that was
required to maintain an employment history record for the law
enforcement officer.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" 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,
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including disciplinary actions, taken against a law
enforcement officer.
(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.
(c) Disagreement with record accuracy.--
(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, the statement shall
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
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enforcement agencies in this Commonwealth.
(3) Except as provided under section 7204(e)(3)
(relating to disclosure of separation), records maintained in
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.
(4) The office shall establish a procedure by which a
law enforcement agency from outside of this Commonwealth may
request and obtain records of separation maintained in the
database. The office shall document all requests from law
enforcement agencies outside of this Commonwealth and may not
make the name of any law enforcement officer subject to a
request under this paragraph public. The information provided
to a law enforcement agency outside of this Commonwealth
shall be exempt from disclosure under the Right-to-Know Law.
(b) Time period to submit.--Upon the separation of an
officer from a law enforcement agency, the law enforcement
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 under this subsection.
(2) A waiver executed under this subsection shall
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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
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.
(c) Good faith immunity.--
(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:
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(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 a
law enforcement 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 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 a law
enforcement officer subject to the notice required under
subsection (d), the prospective employing law enforcement
agency or municipality shall file a report with the office
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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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