PRINTER'S NO. 2526
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1841
Session of
2019
INTRODUCED BY READSHAW, KORTZ, KULIK, MILLARD, HILL-EVANS,
JOHNSON-HARRELL, DeLUCA, BARRAR, A. DAVIS, CALTAGIRONE AND
MOUL, SEPTEMBER 19, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 19, 2019
AN ACT
Providing for law enforcement background investigations, for
duties of the Municipal Police Officers' Education and
Training Commission, law enforcement agencies and employers
and for immunity from liability and violations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Law
Enforcement Background Investigations and Employment Information
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Municipal Police Officers' Education and
Training Commission.
"Employer." The term does not include the Commonwealth or a
political subdivision of the Commonwealth.
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"Employment information." Written information in connection
with job applications, performance evaluations, attendance
records, disciplinary actions and eligibility for rehire.
"Law enforcement agency." A police department of a county,
city, borough, incorporated town or township or a county
district attorney's office.
Section 3. Background investigation required.
(a) General rule.--A law enforcement agency shall conduct a
thorough background investigation on an applicant for employment
as a police officer or an applicant for a position leading to
employment as a police officer before the applicant may be
employed. The background investigation must determine at a
minimum whether the candidate meets the following standards:
(1) Standards established by the commission.
(2) Established security standards for access to
national and State computerized record and communication
systems.
(b) Higher standards not precluded.--The required background
investigation does not prevent a law enforcement agency from
establishing higher standards for law enforcement employees if
those standards are not contrary to applicable law.
Section 4. Disclosure of employment information.
(a) Disclosure by employer.--Upon request of a law
enforcement agency, an employer shall disclose or otherwise make
available for inspection employment information of an employee
or former employee who is the subject of an investigation under
section 3. The request for disclosure of employment information
must be:
(1) in writing;
(2) accompanied by an original authorization and release
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signed by the employee or former employee; and
(3) signed by the chief of police or other authorized
representative of the law enforcement agency conducting the
background investigation.
(b) Disclosure by law enforcement agency.--Upon request of a
law enforcement agency for any purpose, a law enforcement agency
shall disclose or otherwise make available for inspection
employment information of an employee or former employee who is
the subject of the request. A law enforcement agency shall not
disclose or make available for inspection requested employment
information unless the request for disclosure for employment
information is:
(1) in writing;
(2) accompanied by an original authorization and release
signed by the employee or former employee; and
(3) signed by the chief of police, district attorney or
other authorized representative of the law enforcement agency
making the request.
Section 5. Refusal to disclose personnel record.
If a law enforcement agency or an employer refuses to
disclose employment information in accordance with this act, a
law enforcement agency may petition the Commonwealth Court to
issue an order directing the disclosure of the employment
information. The petition must include a copy of the original
request for disclosure made upon the law enforcement agency,
employer or former employer and the authorization and release
signed by the employee or former employee.
Section 6. Immunity from liability and violations.
(a) General rule.--In the absence of fraud or malice, a law
enforcement agency or an employer is immune from civil liability
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for employment information released to a law enforcement agency
in accordance with this act or for any subsequent publication
made by the employee or former employee of employment
information released to a law enforcement agency under this act.
(b) Release of information in violation of act.--A law
enforcement agency or employer is not immune from civil
liability for employment information released in violation of
this act. The following apply:
(1) A police officer adversely affected by the release
of employment information in violation of this act may seek
declarative and injunctive relief and actual and punitive
damages attributable to the violation in an appropriate
court.
(2) The court shall award reasonable expenses, including
but not limited to attorney fees, court costs and
compensation for loss of income, to the police officer
adversely affected if an action under paragraph (1) results
in:
(i) a final determination by a court in favor of the
police officer adversely affected; or
(ii) rescission of the challenged release of
information after suit has been filed under paragraph (1)
but prior to a final determination by a court.
Section 7. Notice of investigation.
(a) Notice to commission.--Upon initiation of a background
investigation under this act, a law enforcement agency shall
give written notice to the commission of the following:
(1) The candidate's full name and date of birth.
(2) The candidate's police identification number, if
known.
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(b) Timing.--Initiation of a background investigation occurs
when the law enforcement agency begins its determination of
whether an applicant meets the law enforcement agency's
standards for employment as a law enforcement employee. The
initiation of a background investigation does not include the
submission of an application for employment.
Section 8. Confidentiality agreements.
If employment information is subject to a confidentiality
agreement between the employee or former employee and the law
enforcement agency or employer, the law enforcement agency or
employer shall disclose the fact that a confidentiality
agreement exists. If the employee or former employee has
authorized the release of employment information without regard
to a previous agreement to the contrary, the law enforcement
agency or employer shall also disclose the employment
information in accordance with section 4. If employment
information is sealed or otherwise subject to a nondisclosure
order by a court of competent jurisdiction, the law enforcement
agency or employer shall disclose the fact that a nondisclosure
order exists, along with information identifying the court and
case number.
Section 9. Effective date.
This act shall take effect in 60 days.
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