PRINTER'S NO. 4204
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2749
Session of
2020
INTRODUCED BY MASSER, MILLARD, JAMES, READSHAW, BERNSTINE,
WHEELAND, DeLUCA, GILLEN, CIRESI, SAYLOR, HEFFLEY, LAWRENCE
AND SCHLEGEL CULVER, AUGUST 6, 2020
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 6, 2020
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions, providing
for county oleoresin capsicum spray.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5907.1. County oleoresin capsicum spray.
(a) County option.--A governing body of a county may adopt
an ordinance to authorize a county corrections officer or other
employee employed by the county at a county correctional
institution to carry and use oleoresin capsicum spray at a
county correctional institution under this section.
(b) Issuance.--If an ordinance has been adopted under
subsection (a), the chief administrator of the county
correctional institution shall issue, on a routine basis,
oleoresin capsicum spray to:
(1) Any officer or employee of the county who:
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(i) is on duty in the county correctional
institution; and
(ii) may respond to an emergency situation.
(2) Additional officers and employees of the county as
the chief administrator determines appropriate, in accordance
with this section.
(c) Training.--The following shall apply:
(1) For an officer or employee to be eligible to receive
and carry oleoresin capsicum spray under this section, the
officer or employee shall complete a training course in
accordance with county policy on the use of oleoresin
capsicum spray.
(2) An officer or employee who completes a training
course required under paragraph (1) shall do so during the
course of that officer's or employee's regular employment and
shall be compensated at the same rate that the officer or
employee would be compensated for conducting the officer's or
employee's regular duties.
(d) Use of oleoresin capsicum spray.--Officers and employees
that are issued oleoresin capsicum spray under subsection (b)
may use the spray in accordance with county policy, including:
(1) in any situation where verbal direction given to
inmates has failed and staff may have to use physical force
to maintain or regain control;
(2) when an inmate barricades or arms himself and cannot
be approached without danger to personnel and the inmate; or
(3) when a delay in establishing control would
constitute a hazard to the inmate or other individuals or
would result in a disturbance or property damage.
Section 2. This act shall take effect in 60 days.
20200HB2749PN4204 - 2 -
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