Regular Session 2019-2020 House Bill 1910 P.N. 3932

PRIOR PRINTER'S NO. 2658

PRINTER'S NO. 3932

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1910

Session of

2019

INTRODUCED BY WILLIAMS, KINSEY, HILL-EVANS, KIRKLAND,

CALTAGIRONE, HARRIS, FRANKEL, CIRESI, T. DAVIS, FREEMAN,

READSHAW, HOWARD, SHUSTERMAN, FITZGERALD, FIEDLER, ROZZI,

YOUNGBLOOD, WARREN, MADDEN, SCHWEYER, SCHLOSSBERG,

HOHENSTEIN, ISAACSON, BULLOCK, HANBIDGE, GREEN, GALLOWAY,

SANCHEZ, DALEY, ZABEL AND PASHINSKI, OCTOBER 11, 2019

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 15, 2020

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure), 44 (LAW

AND JUSTICE) and 53 (Municipalities Generally) of the

Pennsylvania Consolidated Statutes, in selection and

retention of judicial officers, further providing for content

of course of instruction and examination; IN OTHER OFFICERS,

PROVIDING FOR MENTAL HEALTH EVALUATIONS; and, in employees,

further providing for powers and duties of commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3113(b) of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3113. Content of course of instruction and examination.

* * *

(b) Content of course.--The course of training and

instruction shall not exceed four weeks in duration and shall

consist of a minimum of 40 hours of class instruction in civil

and criminal law, including evidence and procedure, summary

proceedings, motor vehicles, the identification and reporting of

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suspected child abuse as defined in 23 Pa.C.S. Ch. 63 (relating

to child protective services), court proceedings involving

children and courses in judicial ethics, in the case of all such

officials except arraignment court magistrates, in which case

the course of training shall consist of a minimum of 30 hours of

class instruction in criminal law, search and seizure, arrest

and bail practices and procedures, and except judges of the

Traffic Court of Philadelphia, in which case the course of

training shall consist of a minimum of 20 hours of class

instruction in summary proceedings and laws relating to motor

vehicles.

Section 2. Section 2164 of Title 53 is amended by adding a

paragraph to read:

SECTION 2. TITLE 44 IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 72

MENTAL HEALTH EVALUATIONS

SUBCHAPTER

A. PRELIMINARY PROVISIONS

B. GENERAL PROVISIONS

SUBCHAPTER A

PRELIMINARY PROVISIONS

SEC.

7201. SCOPE OF CHAPTER.

7202. DEFINITIONS.

§ 7201. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO MENTAL HEALTH EVALUATIONS FOR LAW

ENFORCEMENT OFFICERS.

§ 7202. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

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CONTEXT CLEARLY INDICATES OTHERWISE:

"ADMINISTRATIVE DUTY." AN ADMINISTRATIVE LAW ENFORCEMENT

DUTY THAT IS DESIGNED TO LIMIT A LAW ENFORCEMENT OFFICER'S DAY-

TO-DAY WORK-RELATED INTERACTIONS WITH THE PUBLIC.

"LAW ENFORCEMENT AGENCY." ANY OF THE FOLLOWING:

(1) A POLICE DEPARTMENT OF A COUNTY, CITY, BOROUGH,

INCORPORATED TOWN OR TOWNSHIP.

(2) A COUNTY DISTRICT ATTORNEY'S OFFICE.

"LAW ENFORCEMENT OFFICER." AN INDIVIDUAL EMPLOYED BY A LAW

ENFORCEMENT AGENCY WHO IS REQUIRED TO BE TRAINED UNDER 53

PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL POLICE EDUCATION

AND TRAINING).

"POST-TRAUMATIC STRESS DISORDER." A POST-TRAUMATIC STRESS

DISORDER AS DEFINED BY A MENTAL ORDER CHARACTERIZED BY DIRECT

EXPOSURE TO A TRAUMATIC EVENT AS IDENTIFIED BY THE AMERICAN

PSYCHIATRIC ASSOCIATION AND DOCUMENTED IN THE AMERICAN

PSYCHIATRIC ASSOCIATION'S DIAGNOSTIC AND STATISTICAL MANUAL OF

MENTAL DISORDERS, 5TH EDITION.

SUBCHAPTER B

GENERAL PROVISIONS

SEC.

7203. MENTAL HEALTH EVALUATIONS FOR LAW ENFORCEMENT OFFICERS.

7204. REGULATIONS.

§ 7203. MENTAL HEALTH EVALUATIONS FOR LAW ENFORCEMENT OFFICERS.

(A) EVALUATIONS.--AS A CONDITION OF CONTINUED EMPLOYMENT,

AND WITHOUT COST TO THE LAW ENFORCEMENT OFFICER, A LAW

ENFORCEMENT AGENCY SHALL PROVIDE A LAW ENFORCEMENT OFFICER WITH

A MENTAL HEALTH EVALUATION FOR POST-TRAUMATIC STRESS DISORDER BY

A LICENSED MENTAL HEALTH PROFESSIONAL:

(1) UPON REQUEST OF THE LAW ENFORCEMENT OFFICER;

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(2) UPON RECOMMENDATION OF A POLICE CHIEF OR OTHER

SUPERVISING LAW ENFORCEMENT OFFICER; OR

(3) WITHIN 30 DAYS OF AN INCIDENT OF THE USE OF LETHAL

FORCE DURING THE COURSE OF LAW ENFORCEMENT DUTIES.

(B) TREATMENT.--IF A LICENSED MENTAL HEALTH PROFESSIONAL

DETERMINES DURING THE MENTAL HEALTH EVALUATION UNDER SUBSECTION

(A) THAT A LAW ENFORCEMENT OFFICER HAS SYMPTOMS OF POST-

TRAUMATIC STRESS DISORDER, THE LAW ENFORCEMENT OFFICER SHALL BE

PROVIDED WITH TREATMENT UNDER A LICENSED PHYSICIAN'S CARE UNTIL

THE LICENSED PHYSICIAN DETERMINES IN WRITING THAT THE LAW

ENFORCEMENT OFFICER IS ABLE TO RESUME FULL DUTIES.

ASSIGNED TO ADMINISTRATIVE DUTY IF THE LAW ENFORCEMENT OFFICER:

(1) FAILS TO UNDERGO A MENTAL HEALTH EVALUATION FOR

POST-TRAUMATIC STRESS DISORDER WHEN REQUIRED UNDER SUBSECTION

(A);

(2) IS EXPERIENCING SYMPTOMS OF POST-TRAUMATIC STRESS

DISORDER AS DETERMINED BY A LICENSED MENTAL HEALTH

PROFESSIONAL UNDER SUBSECTION (A); OR

(3) IS RECEIVING TREATMENT BY A LICENSED PHYSICIAN UNDER

SUBSECTION (B).

§ 7204. REGULATIONS.

(A) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE

PROMPT IMPLEMENTATION OF THIS CHAPTER, THE COMMISSION SHALL

PROMULGATE TEMPORARY REGULATIONS WITHIN SIX MONTHS OF THE

EFFECTIVE DATE OF THIS SECTION THAT SHALL EXPIRE NOT LATER THAN

TWO YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY

REGULATIONS. THE DEPARTMENT SHALL PROMULGATE TEMPORARY

REGULATIONS NOT SUBJECT TO:

(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF

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JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE

COMMONWEALTH DOCUMENTS LAW.

(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS

THE REGULATORY REVIEW ACT.

(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER

15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH

ATTORNEYS ACT.

(B) PUBLICATION.--THE DEPARTMENT SHALL TRANSMIT TEMPORARY

REGULATIONS TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION

IN THE PENNSYLVANIA BULLETIN NO LATER THAN SIX MONTHS AFTER THE

EFFECTIVE DATE OF THIS SECTION.

INCLUDING TEMPORARY REGULATION, ESTABLISH PROCEDURES TO

GUARANTEE THE FOLLOWING:

(1) CONFIDENTIALITY OF REQUESTS OR RECOMMENDATIONS FOR

MENTAL HEALTH EVALUATIONS.

(2) CONFIDENTIALITY OF MENTAL HEALTH RECORDS PRODUCED BY

OPERATION OF THIS CHAPTER.

(3) ANY OTHER PROCEDURE DEEMED NECESSARY BY THE

COMMISSION FOR IMPLEMENTATION OF THIS CHAPTER.

SECTION 3. SECTION 2164(1.1) AND (6) OF TITLE 53 ARE AMENDED

AND THE SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:

§ 2164. Powers and duties of commission.

The powers and duties of the commission shall be as follows:

* * *

(1.1) TO PROVIDE TRAINING FOR POLICE OFFICERS WITH

RESPECT TO:

(I) RECOGNITION OF MENTAL ILLNESS, INTELLECTUAL

DISABILITIES AND AUTISM.

(II) PROPER TECHNIQUES TO INTERACT WITH AND DE-

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ESCALATE INDIVIDUALS ENGAGING IN BEHAVIOR INDICATIVE OF

MENTAL ILLNESS, INTELLECTUAL DISABILITY OR AUTISM.

(III) INSTRUCTION ON SERVICES AVAILABLE TO

INDIVIDUALS WITH MENTAL ILLNESS, INTELLECTUAL

DISABILITIES OR AUTISM.

(IV) INSTRUCTION ON INTERACTING WITH INDIVIDUALS OF

DIVERSE RACIAL, ETHNIC AND ECONOMIC BACKGROUNDS.

* * *

(6) TO REQUIRE EVERY POLICE OFFICER TO ATTEND A MINIMUM

NUMBER OF HOURS OF IN-SERVICE TRAINING AS PROVIDED FOR BY

REGULATION TO MAINTAIN CERTIFICATION BY THE COMMISSION,

UNLESS THE OFFICER'S EMPLOYER FILES A SHOW CAUSE DOCUMENT

WITH THE COMMISSION REQUESTING ADDITIONAL TIME FOR THE

OFFICER TO COMPLY WITH THE IN-SERVICE TRAINING REQUIREMENTS.

APPROVAL OF THIS REQUEST SHALL BE MADE BY THE COMMISSION ON A

CASE-BY-CASE BASIS. IN-SERVICE TRAINING SHALL REQUIRE ANNUAL

INSTRUCTION ON THE USE OF FORCE, INCLUDING DEADLY FORCE, DE-

ESCALATION AND HARM REDUCTION TECHNIQUES, AND SHALL INCLUDE

ON A BIENNIAL BASIS INSTRUCTION IN COMMUNITY AND CULTURAL

AWARENESS, IMPLICIT BIAS, PROCEDURAL JUSTICE AND

RECONCILIATION TECHNIQUES AS DEVELOPED BY THE COMMISSION.

* * *

(17) To train police officers with respect to:

(i) Recognizing child abuse.

(ii) The provisions regarding reporting suspected

child abuse under 23 Pa.C.S. Ch. 63 (relating to child

protective services).

(iii) The efficacy of conducting forensic

interviewing of victims of child abuse within the setting

of a children's advocacy center.

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As used in this paragraph, the terms "child abuse" and

"children's advocacy center" shall have the meanings given to

them in 23 Pa.C.S. § 6303 (relating to definitions).

Section 3. This act shall take effect in 60 days.

(18) TO TRAIN POLICE OFFICERS IN TRAUMA INFORMED CARE

AND WITH RESPECT TO RECOGNIZING AND INTERACTING WITH

INDIVIDUALS WITH POST-TRAUMATIC STRESS DISORDER, INCLUDING

INTERVENING WITH OR ON BEHALF OF OTHER POLICE OFFICERS

EXHIBITING POST-TRAUMATIC STRESS DISORDER.

SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IN 60 DAYS:

(I) THE AMENDMENT OF 42 PA.C.S. § 3113(B).

(II) THE ADDITION OF 53 PA.C.S. §§ 2164(17) AND

(18).

(III) THE ADDITION OF 44 PA.C.S. § 7204.

(2) THE ADDITION OF 44 PA.C.S. §§ 7201, 7202 AND 7203

SHALL TAKE EFFECT IN ONE YEAR.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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