HOUSE AMENDED
PRIOR PRINTER'S NO. 1756
PRINTER'S NO. 2025
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1193
Session of
2020
INTRODUCED BY BROWNE, GORDNER, YAW, KILLION, PITTMAN, REGAN,
COSTA, FONTANA, HUTCHINSON, MENSCH, HUGHES, COLLETT, J. WARD,
BREWSTER, KEARNEY, HAYWOOD, MUTH, TARTAGLIONE, VOGEL,
STEFANO, YUDICHAK AND BARTOLOTTA, JUNE 8, 2020
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2020
AN ACT
Amending the act of February 9, 1984 (P.L.3, No.2), entitled "An
act providing for the education and training of sheriffs and
deputy sheriffs; creating the Sheriff and Deputy Sheriff
Education and Training Board under the Pennsylvania
Commission on Crime and Delinquency; providing for the powers
and duties of the board and the Attorney General;
establishing the Sheriff and Deputy Sheriff Education and
Training Account; providing for a surcharge on sheriffs'
fees; and providing penalties," further providing for Sheriff
and Deputy Sheriff Education and Training Account.
AMENDING TITLE 44 (LAW AND JUSTICE) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN OTHER OFFICERS, CODIFYING
PROVISIONS RELATING TO SHERIFFS AND DEPUTY SHERIFFS; FURTHER
PROVIDING FOR SHERIFF TRAINING REQUIREMENT AND FOR SHERIFF
AND DEPUTY SHERIFF EDUCATION AND TRAINING ACCOUNT; AND MAKING
EDITORIAL CHANGES AND A RELATED REPEAL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8(b) and (b.1) of the act of February 9,
1984 (P.L.3, No.2), known as the Sheriff and Deputy Sheriff
Education and Training Act, are amended to read:
Section 8. Sheriff and Deputy Sheriff Education and Training
Account.
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(b) Surcharge.--There is hereby assessed a surcharge on each
fee collected by the sheriff of every county upon acceptance for
each service required for any complaint, summons, writ or other
legal paper required to be served or posted by the sheriff.
Surcharges shall be assessed as follows:
[(1) Beginning January 1, 1998, through December 31,
1998, the surcharge shall be $6.
(2) Beginning January 1, 1999, through December 31,
1999, the surcharge shall be $8.
(3) Beginning January 1, 2000, and thereafter, the
surcharge shall be $10.]
(1) Beginning January 1, 2021, through December 31,
2021, the surcharge shall be $16.
(2) Beginning January 1, 2022, through December 31,
2022, the surcharge shall be $18.
(3) Beginning January 1, 2023, and thereafter, the
surcharge shall be $20.
(b.1) Surcharge in counties of first and second class.--In
counties of the first and second class, a surcharge shall be
collected by the prothonotary of that county for each defendant
named in a document filed to commence an action pursuant to
Pa.R.C.P. No.1007, except when service is made by a competent
adult in the actions listed in Pa.R.C.P. Nos.400(b) and
400.1(c). One dollar of the surcharge shall be retained by the
prothonotary to cover administrative costs incurred by
collecting the surcharge and to support any technology and
automation improvements or upgrades for the prothonotary, and
the balance shall be transmitted semiannually to the State
Treasurer for deposit into the account. Surcharges shall be
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assessed as follows:
[(1) Beginning January 1, 1998, through December 31,
1998, the surcharge shall be $7.
(2) Beginning January 1, 1999, through December 31,
1999, the surcharge shall be $9.
(3) Beginning January 1, 2000, and thereafter, the
surcharge shall be $11.]
(1) Beginning January 1, 2021, through December 31,
2021, the surcharge shall be $17.
(2) Beginning January 1, 2022, through December 31,
2022, the surcharge shall be $19.
(3) Beginning January 1, 2023, and thereafter, the
surcharge shall be $21.
* * *
Section 2. This act shall take effect January 1, 2021.
SECTION 1. PART IV HEADING OF TITLE 44 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED TO READ:
PART IV
OTHER OFFICERS AND OFFICIALS
SECTION 2. TITLE 44 IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 74
SHERIFFS AND DEPUTY SHERIFFS
SUBCHAPTER
A. GENERAL PROVISIONS (RESERVED)
B. (RESERVED)
C. SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING
SUBCHAPTER A
GENERAL PROVISIONS
(RESERVED)
SUBCHAPTER B
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(RESERVED)
SUBCHAPTER C
SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING
SEC.
7421. SCOPE OF SUBCHAPTER.
7422. DEFINITIONS.
7423. SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING BOARD.
7424. POWERS AND DUTIES OF BOARD.
7425. TRAINING PROGRAM.
7426. CONTINUING EDUCATION.
7427. SHERIFF TRAINING REQUIREMENT.
7428. DEPUTY SHERIFF TRAINING REQUIREMENT.
7429. REVOCATION OF CERTIFICATION.
7430. SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING
ACCOUNT.
7431. REIMBURSEMENT TO COUNTIES.
§ 7421. SCOPE OF SUBCHAPTER.
THIS SUBCHAPTER PROVIDES FOR SHERIFF AND DEPUTY SHERIFF
EDUCATION AND TRAINING.
§ 7422. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ACCOUNT." THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND
TRAINING ACCOUNT.
"BOARD." THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND
TRAINING BOARD.
"COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY.
§ 7423. SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING
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BOARD.
(A) CONTINUATION.--THE SHERIFF AND DEPUTY SHERIFF EDUCATION
AND TRAINING BOARD IS CONTINUED AS A BOARD WITHIN THE
COMMISSION.
(B) COMPOSITION.--THE BOARD SHALL BE COMPOSED OF THE
FOLLOWING MEMBERS:
(1) THE ATTORNEY GENERAL.
(2) TWO JUDGES OF THE COURTS OF COMMON PLEAS FROM
DIFFERENT COUNTIES.
(3) TWO SHERIFFS FROM DIFFERENT COUNTIES WITH A MINIMUM
OF SIX YEARS' EXPERIENCE AS A SHERIFF OR CHIEF DEPUTY.
(4) THREE INDIVIDUALS FROM DIFFERENT COUNTIES WITH A
MINIMUM OF EIGHT YEARS' EXPERIENCE EACH AS A DEPUTY SHERIFF.
ONE OF THE THREE SHALL BE CURRENTLY EMPLOYED IN THE CAPACITY
OF DEPUTY SHERIFF WITH THE RANK OF SERGEANT OR DEPUTY
SHERIFF.
(5) ONE EDUCATOR QUALIFIED IN THE FIELD OF CURRICULUM
DESIGN.
(6) ONE COUNTY COMMISSIONER.
(C) APPOINTMENTS AND TERMS.--ALL MEMBERS OF THE BOARD, OTHER
THAN THE ATTORNEY GENERAL, WHO SHALL BE A PERMANENT MEMBER,
SHALL BE APPOINTED BY THE GOVERNOR FOR A PERIOD OF THREE YEARS.
ANY MEMBER OF THE BOARD SHALL CEASE TO BE A MEMBER OF THE BOARD
IMMEDIATELY UPON TERMINATION OF SERVICE IN THE POSITION BY WHICH
THAT PERSON WAS ELIGIBLE FOR MEMBERSHIP OR APPOINTED AS A MEMBER
OF THE BOARD.
(D) VACANCIES.--A MEMBER APPOINTED TO FILL A VACANCY CREATED
BY ANY REASON OTHER THAN EXPIRATION OF A TERM SHALL BE APPOINTED
FOR THE UNEXPIRED TERM OF THE MEMBER WHO THE APPOINTEE SUCCEEDS
IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
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(E) EXPENSES.--THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT
COMPENSATION BUT SHALL BE REIMBURSED THE NECESSARY AND ACTUAL
EXPENSES INCURRED IN ATTENDING THE MEETINGS OF THE BOARD AND IN
THE PERFORMANCE OF THEIR DUTIES UNDER THIS SUBCHAPTER.
(F) REMOVAL.--MEMBERS OF THE BOARD, OTHER THAN THE ATTORNEY
GENERAL, MAY BE REMOVED BY THE GOVERNOR FOR GOOD CAUSE UPON
WRITTEN NOTICE FROM THE GOVERNOR SPECIFICALLY STATING THE CAUSE
FOR REMOVAL.
(G) CHAIR.--THE MEMBERS OF THE BOARD SHALL ELECT A CHAIR
FROM AMONG THE MEMBERS TO SERVE FOR A PERIOD OF ONE YEAR. A
CHAIR MAY BE ELECTED TO SERVE SUCCESSIVE TERMS.
(H) MEETINGS AND QUORUM.--THE BOARD SHALL MEET AT LEAST FOUR
TIMES EACH YEAR. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIR OF
THE BOARD OR UPON WRITTEN REQUEST OF THREE MEMBERS. A QUORUM
SHALL CONSIST OF FIVE MEMBERS.
§ 7424. POWERS AND DUTIES OF BOARD.
THE BOARD, WITH THE REVIEW AND APPROVAL OF THE COMMISSION,
SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO:
(1) ESTABLISH, IMPLEMENT AND ADMINISTER THE SHERIFF AND
DEPUTY SHERIFF EDUCATION AND TRAINING PROGRAM ACCORDING TO
THE MINIMUM REQUIREMENTS SPECIFIED IN THIS SUBCHAPTER.
(2) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
THE MINIMUM COURSES OF STUDY AND TRAINING FOR SHERIFFS AND
DEPUTY SHERIFFS.
(2.1) REQUIRE MINIMUM STANDARDS FOR TRAINING SHERIFFS
AND DEPUTY SHERIFFS ON DOMESTIC VIOLENCE. THE TRAINING SHALL
INCLUDE STANDARDS FOR ASSESSING THE LETHALITY RISK OF
DOMESTIC VIOLENCE INCIDENTS.
(3) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
COURSES OF STUDY AND IN-SERVICE TRAINING FOR SHERIFFS HOLDING
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OFFICE AND DEPUTY SHERIFFS APPOINTED PRIOR TO AUGUST 9, 1984.
(4) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
A CONTINUING EDUCATION PROGRAM FOR ALL SHERIFFS AND DEPUTY
SHERIFFS CONCERNING ALL OF THE FOLLOWING SUBJECTS THE BOARD
MAY DEEM NECESSARY AND APPROPRIATE FOR THE CONTINUED
EDUCATION AND TRAINING OF SHERIFFS AND DEPUTY SHERIFFS.
(5) APPROVE OR REVOKE THE APPROVAL OF ANY SCHOOL WHICH
MAY BE UTILIZED TO COMPLY WITH THE EDUCATIONAL AND TRAINING
REQUIREMENTS OF THIS SUBCHAPTER.
(6) ESTABLISH THE MINIMUM QUALIFICATIONS FOR INSTRUCTORS
AND CERTIFY INSTRUCTORS.
(7) CONSULT AND COOPERATE WITH UNIVERSITIES, COLLEGES,
LAW SCHOOLS, COMMUNITY COLLEGES AND INSTITUTES FOR THE
DEVELOPMENT OF SPECIALIZED COURSES FOR SHERIFFS AND DEPUTY
SHERIFFS.
(8) PROMOTE THE MOST EFFICIENT AND ECONOMICAL PROGRAM
FOR SHERIFF AND DEPUTY SHERIFF TRAINING BY UTILIZING EXISTING
FACILITIES, PROGRAMS AND QUALIFIED STATE AND LOCAL PERSONNEL.
(9) CERTIFY SHERIFFS AND DEPUTY SHERIFFS WHO HAVE
SATISFACTORILY COMPLETED THE BASIC EDUCATION AND TRAINING
REQUIREMENTS OF THIS SUBCHAPTER AND ISSUE APPROPRIATE
CERTIFICATES TO THEM.
(10) REVOKE THE CERTIFICATION OF SHERIFFS AND DEPUTY
SHERIFFS IN ACCORDANCE WITH SECTION 7429 (RELATING TO
REVOCATION OF CERTIFICATION).
(11) REINSTATE PREVIOUSLY REVOKED CERTIFICATIONS OF
SHERIFFS AND DEPUTY SHERIFFS WHERE THE BOARD FINDS THAT THE
CIRCUMSTANCES WHICH LED TO THE REVOCATION OF CERTIFICATION
ARE NO LONGER AN IMPEDIMENT TO CERTIFICATION.
(12) MAKE RULES AND REGULATIONS AND PERFORM OTHER DUTIES
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AS MAY BE REASONABLY NECESSARY OR APPROPRIATE TO ADMINISTER
THIS SUBCHAPTER.
(13) MAKE AN ANNUAL REPORT TO THE GOVERNOR AND TO THE
GENERAL ASSEMBLY CONCERNING:
(I) THE ADMINISTRATION OF THE SHERIFF AND DEPUTY
SHERIFF EDUCATION AND TRAINING PROGRAM.
(II) THE ACTIVITIES OF THE BOARD.
(III) THE COSTS OF THE PROGRAM.
§ 7425. TRAINING PROGRAM.
THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING PROGRAM
SHALL INCLUDE APPROPRIATE TRAINING FOR NOT LESS THAN 160 HOURS
WHICH CONTENT AND HOURS OF INSTRUCTION SHALL BE DETERMINED BY
THE BOARD, SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMISSION.
§ 7426. CONTINUING EDUCATION.
THE BOARD, WITH THE REVIEW AND APPROVAL OF THE COMMISSION,
SHALL ESTABLISH A CONTINUING EDUCATION PROGRAM FOR ALL SHERIFFS
AND DEPUTY SHERIFFS, WHICH SHALL INCLUDE NOT LESS THAN 20 HOURS
OF CONTINUING EDUCATION EVERY TWO YEARS, CONCERNING SUBJECTS THE
BOARD MAY DEEM NECESSARY AND APPROPRIATE FOR THE CONTINUED
EDUCATION AND TRAINING OF SHERIFFS AND DEPUTY SHERIFFS.
§ 7427. SHERIFF TRAINING REQUIREMENT.
(A) CERTIFICATION REQUIRED.--
(1) A SHERIFF ELECTED AFTER SEPTEMBER 7, 2014, WHO DOES
NOT HOLD CERTIFICATION AS EITHER A DEPUTY SHERIFF OR SHERIFF
ON THE FIRST MONDAY IN JANUARY NEXT FOLLOWING THE ELECTION,
DURING THE SHERIFF'S TERM OF OFFICE:
(I) SHALL OBTAIN THE EDUCATION AND TRAINING AS
PROVIDED IN SECTION 7425 (RELATING TO TRAINING PROGRAM),
SUBJECT TO ANY REDUCTION IN HOURS AS PROVIDED IN
SUBSECTION (C).
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(II) SHALL MEET THE REQUIREMENTS FOR CONTINUING
EDUCATION AFTER CERTIFICATION.
(III) SHALL OBTAIN REINSTATEMENT OF A PREVIOUSLY
REVOKED CERTIFICATION, IF APPLICABLE.
(2) IN THE CASE OF A COUNTY WHICH HAS ADOPTED A HOME
RULE CHARTER WHICH PROVIDES FOR THE APPOINTMENT OF THE
SHERIFF, A SHERIFF APPOINTED AFTER SEPTEMBER 7, 2014, SHALL
OBTAIN CERTIFICATION UNDER THIS SECTION WITHIN 18 MONTHS OF
APPOINTMENT.
(B) CONTINUING EDUCATION.--EVERY SHERIFF SHALL, WHILE IN
OFFICE, MEET THE REQUIREMENTS FOR CONTINUING EDUCATION
ESTABLISHED BY THE BOARD, WITH THE REVIEW AND APPROVAL OF THE
COMMISSION.
(C) PRIOR EDUCATION, TRAINING OR EXPERIENCE.--THE BOARD,
WITH THE REVIEW AND APPROVAL OF THE COMMISSION, SHALL HAVE THE
AUTHORITY AND THE DISCRETION TO REDUCE THE HOURS OF EDUCATION
AND TRAINING REQUIRED IN SECTION 7425 FOR SHERIFFS REQUIRED TO
RECEIVE EDUCATION AND TRAINING WHO, BECAUSE OF PRIOR EDUCATION,
TRAINING OR EXPERIENCE, HAVE ACQUIRED KNOWLEDGE OR SKILL
EQUIVALENT TO THAT PROVIDED BY THE PROGRAM.
(D) SHERIFFS IN OFFICE.--ANY SHERIFF HOLDING OFFICE ON
SEPTEMBER 7, 2014, SHALL BE DEEMED TO HAVE SATISFIED THE
REQUIREMENTS FOR TRAINING UNDER SECTION 7425 AND SHALL RECEIVE
CERTIFICATION FROM THE BOARD. FROM THE DATE OF THE CERTIFICATION
UNDER THIS SUBSECTION, SHERIFFS SHALL BE SUBJECT TO CONTINUING
EDUCATION AS PROVIDED IN SUBSECTION (B).
(E) INELIGIBILITY.--ANY SHERIFF FAILING TO RECEIVE AND
MAINTAIN CERTIFICATION AS PROVIDED IN THIS SECTION SHALL BE
INELIGIBLE TO BE ON THE BALLOT FOR THE OFFICE OF SHERIFF FOR ANY
TERM SUBSEQUENT TO THAT UNDER SUBSECTION (A).
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(F) VACANCIES.--
(1) ANY PERSON APPOINTED TO FILL A VACANCY IN THE OFFICE
OF SHERIFF SHALL BE CERTIFIED OR, IN THE ALTERNATIVE, OBTAIN
AND MAINTAIN CERTIFICATION DURING THE TERM FOR WHICH THE
PERSON IS APPOINTED UNDER SUBSECTION (A). ANY PERSON
APPOINTED TO FILL A VACANCY IN THE OFFICE OF SHERIFF WHO DOES
NOT FULFILL THE REQUIREMENTS OF SUBSECTION (A) SHALL BE
INELIGIBLE FOR SUBSEQUENT ELECTION AS PROVIDED UNDER
SUBSECTION (E).
(2) NO PERSON APPOINTED TO FILL A VACANCY IN THE OFFICE
OF SHERIFF WHERE THE BALANCE OF THE UNEXPIRED TERM IS LESS
THAN ONE YEAR SHALL BE SUBJECT TO THE REQUIREMENTS OF
PARAGRAPH (1). HOWEVER, A PERSON WHO IS ELECTED TO A TERM AS
SHERIFF IMMEDIATELY FOLLOWING THE PERSON'S PREVIOUSLY
APPOINTED TERM OF LESS THAN ONE YEAR IS SUBJECT TO THE
REQUIREMENTS UNDER SUBSECTION (A).
(G) (RESERVED).
§ 7428. DEPUTY SHERIFF TRAINING REQUIREMENT.
(A) GENERAL RULE.--A SHERIFF OF THIS COMMONWEALTH SHALL
ASSURE THAT EACH FULL-TIME OR PART-TIME DEPUTY EMPLOYED BY THE
SHERIFF WHO HAS LESS THAN FIVE YEARS OF EXPERIENCE ON AUGUST 9,
1984, RECEIVES THE TRAINING PROVIDED FOR IN SECTIONS 7425
(RELATING TO TRAINING PROGRAM) AND 7426 (RELATING TO CONTINUING
EDUCATION).
(A.1) DIPLOMA.--NO PERSON SHALL BE EMPLOYED OR APPOINTED AS
A DEPUTY SHERIFF UNLESS THE PERSON IS A HIGH SCHOOL GRADUATE OR
HAS RECEIVED A SECONDARY SCHOOL DIPLOMA ON THE BASIS OF GENERAL
EDUCATION DEVELOPMENT (GED).
(B) PRIOR EDUCATION, TRAINING OR EXPERIENCE.--THE BOARD,
WITH THE REVIEW AND APPROVAL OF THE COMMISSION, MAY REDUCE THE
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HOURS OF EDUCATION AND TRAINING REQUIRED IN SECTION 7425 FOR
DEPUTY SHERIFFS REQUIRED TO RECEIVE EDUCATION AND TRAINING WHO,
BECAUSE OF PRIOR EDUCATION, TRAINING OR EXPERIENCE, HAVE
ACQUIRED KNOWLEDGE OR SKILL EQUIVALENT TO THAT PROVIDED BY THE
PROGRAM.
(C) CERTIFICATION REQUIREMENT FOR CONTINUED COMPENSATION.--
(1) ANY PERSON HIRED AS A FULL-TIME OR PART-TIME DEPUTY
SHERIFF WHO HAS LESS THAN FIVE YEARS OF EXPERIENCE ON AUGUST
9, 1984, SHALL, AS OF AUGUST 9, 1986, BE INELIGIBLE TO
RECEIVE ANY SALARY, COMPENSATION OR OTHER CONSIDERATION OR
THING OF VALUE FOR THE PERFORMANCE OF DUTIES AS A DEPUTY
SHERIFF UNLESS THE DEPUTY SHERIFF HAS MET ALL OF THE
REQUIREMENTS ESTABLISHED UNDER THIS CHAPTER AND HAS BEEN DULY
CERTIFIED AS HAVING MET THOSE REQUIREMENTS BY THE BOARD, WITH
THE REVIEW AND APPROVAL OF THE COMMISSION, UNLESS THE DEPUTY
SHERIFF IS GRANTED ADDITIONAL TIME TO COMPLETE TRAINING BY
THE BOARD, WITH THE REVIEW AND APPROVAL OF THE COMMISSION.
(2) ANY NEW DEPUTY HIRED BY THE SHERIFF SHALL HAVE ONE
YEAR IN WHICH TO COMPLETE TRAINING.
(D) CONTINUING EDUCATION.--ANY FULL-TIME OR PART-TIME DEPUTY
SHERIFF WHO FAILS TO MEET AND FAILS TO BE CERTIFIED AS HAVING
MET THE REQUIREMENTS FOR CONTINUING EDUCATION ESTABLISHED BY THE
BOARD, WITH THE REVIEW AND APPROVAL OF THE COMMISSION, SHALL BE
INELIGIBLE TO RECEIVE ANY SALARY, COMPENSATION OR OTHER
CONSIDERATION OR THING OF VALUE FOR THE PERFORMANCE OF DUTIES AS
A DEPUTY SHERIFF.
(E) PENALTY.--ANY OFFICIAL OF ANY COUNTY WHO ORDERS,
AUTHORIZES OR PAYS A SALARY OR COMPENSATION OR OTHER
CONSIDERATION OR THING OF VALUE TO ANY PERSON IN VIOLATION OF
THIS SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON
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CONVICTION, BE SENTENCED TO PAY A MAXIMUM FINE OF $500 OR TO
IMPRISONMENT FOR A TERM NOT TO EXCEED 30 DAYS.
§ 7429. REVOCATION OF CERTIFICATION.
(A) REVOCATION OF DEPUTY SHERIFF CERTIFICATION.--THE BOARD
SHALL REVOKE THE CERTIFICATION OF ANY DEPUTY SHERIFF FOR ONE OR
MORE OF THE FOLLOWING:
(1) CONVICTION FOR A FELONY OR MISDEMEANOR OF THE FIRST
OR SECOND DEGREE.
(2) WHERE THE BOARD DETERMINES THE PERSON WAS DISMISSED
FOR CAUSE FROM EMPLOYMENT AS A DEPUTY SHERIFF.
(3) WHERE THE BOARD DETERMINES THE PERSON IS PHYSICALLY
OR PSYCHOLOGICALLY UNFIT TO PERFORM THE DUTIES OF THE OFFICE.
(4) WHERE THE BOARD DETERMINES THE PERSON HAS COMMITTED
MISCONDUCT WHICH MAKES THE PERSON UNFIT TO PERFORM THE DUTIES
OF THE OFFICE, INCLUDING:
(I) SUBMISSION TO THE BOARD OF A DOCUMENT THAT THE
DEPUTY KNOWS CONTAINS FALSE INFORMATION, INCLUDING
FRAUDULENT APPLICATION.
(II) CHEATING ON BOARD EXAMINATIONS OR SKILL TESTS.
(B) REVOCATION OF SHERIFF CERTIFICATION.--THE BOARD SHALL
REVOKE THE CERTIFICATION OF A SHERIFF ONLY AFTER THE SHERIFF IS
REMOVED FROM OFFICE. NOTHING IN THIS CHAPTER SHALL BE
INTERPRETED AS PROVIDING GROUNDS FOR REMOVAL OF A SHERIFF FROM
OFFICE, EXCEPT AS PROVIDED UNDER ARTICLE VI OF THE CONSTITUTION
OF PENNSYLVANIA.
(C) NOTIFICATION BY SHERIFF.--IN THE CASE OF A DEPUTY
SHERIFF, IT SHALL BE THE RESPONSIBILITY OF THE SHERIFF TO NOTIFY
THE BOARD WITHIN 15 DAYS OF THE OCCURRENCE OF AN EVENT DESCRIBED
UNDER SUBSECTION (A).
(D) NOTIFICATION BY COUNTY COMMISSIONERS.--IN THE CASE OF A
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SHERIFF, IT SHALL BE THE RESPONSIBILITY OF THE COUNTY
COMMISSIONERS TO NOTIFY THE BOARD WITHIN 15 DAYS OF A SHERIFF'S
REMOVAL FROM OFFICE.
(E) REGULATIONS.--THE BOARD SHALL ESTABLISH, WITH THE
APPROVAL OF THE COMMISSION, REGULATIONS PROVIDING FOR THE
FOLLOWING:
(1) NOTICE OF A REVOCATION AND THE RIGHT OF SHERIFFS AND
DEPUTY SHERIFFS TO REQUEST A HEARING.
(2) STANDARDS AND GUIDELINES FOR APPLICATION FOR
RECERTIFICATION FOLLOWING REVOCATION.
§ 7430. SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING
ACCOUNT.
(A) CONTINUATION.--THE SHERIFF AND DEPUTY SHERIFF EDUCATION
AND TRAINING ACCOUNT IS CONTINUED AS A RESTRICTED RECEIPTS
ACCOUNT WITHIN THE GENERAL FUND. MONEY IN THE ACCOUNT IS
APPROPRIATED ON A CONTINUING BASIS TO THE COMMISSION FOR THE
PURPOSE OF FINANCING TRAINING PROGRAM EXPENSES, THE COSTS OF
ADMINISTERING THE PROGRAM, REIMBURSEMENTS TO COUNTIES AND ALL
OTHER COSTS ASSOCIATED WITH THE ACTIVITIES OF THE BOARD AND THE
IMPLEMENTATION OF THIS CHAPTER.
(B) SURCHARGE.--A SURCHARGE SHALL BE ASSESSED ON EACH FEE
COLLECTED BY THE SHERIFF OF EVERY COUNTY UPON ACCEPTANCE FOR
EACH SERVICE REQUIRED FOR ANY COMPLAINT, SUMMONS, WRIT OR OTHER
LEGAL PAPER REQUIRED TO BE SERVED OR POSTED BY THE SHERIFF.
SURCHARGES SHALL BE ASSESSED AS FOLLOWS:
(1) BEGINNING JANUARY 1, 2021, THROUGH DECEMBER 31,
2021, THE SURCHARGE SHALL BE $16.
(2) BEGINNING JANUARY 1, 2022, THROUGH DECEMBER 31,
2022, THE SURCHARGE SHALL BE $18.
(3) BEGINNING JANUARY 1, 2023, AND THEREAFTER, THE
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SURCHARGE SHALL BE $20.
(B.1) SURCHARGE IN COUNTIES OF FIRST AND SECOND CLASS.--
(1) IN COUNTIES OF THE FIRST AND SECOND CLASS, A
SURCHARGE SHALL BE COLLECTED BY THE PROTHONOTARY OF THAT
COUNTY FOR EACH DEFENDANT NAMED IN A DOCUMENT FILED TO
COMMENCE AN ACTION UNDER PA.R.C.P. NO.1007, EXCEPT WHEN
SERVICE IS MADE BY A COMPETENT ADULT IN THE ACTIONS LISTED IN
PA.R.C.P. NO.400(B).
(2) ONE DOLLAR OF THE SURCHARGE SHALL BE RETAINED BY THE
PROTHONOTARY TO COVER ADMINISTRATIVE COSTS INCURRED BY
COLLECTING THE SURCHARGE AND TO SUPPORT ANY TECHNOLOGY AND
AUTOMATION IMPROVEMENTS OR UPGRADES FOR THE PROTHONOTARY, AND
THE BALANCE SHALL BE TRANSMITTED SEMIANNUALLY TO THE STATE
TREASURER FOR DEPOSIT INTO THE ACCOUNT. SURCHARGES SHALL BE
ASSESSED AS FOLLOWS:
(I) BEGINNING JANUARY 1, 2021, THROUGH DECEMBER 31,
2021, THE SURCHARGE SHALL BE $17.
(II) BEGINNING JANUARY 1, 2022, THROUGH DECEMBER 31,
2022, THE SURCHARGE SHALL BE $19.
(III) BEGINNING JANUARY 1, 2023, AND THEREAFTER, THE
SURCHARGE SHALL BE $21.
(C) DISPOSITION OF MONEY COLLECTED.--THE MONEY COLLECTED
UNDER SUBSECTION (B) SHALL BE FORWARDED SEMIANNUALLY BY THE
SHERIFF OF AN INDIVIDUAL COUNTY TO THE STATE TREASURER FOR
DEPOSIT INTO THE ACCOUNT AND USED EXCLUSIVELY TO COVER THE COSTS
AND EXPENSES OF THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND
TRAINING PROGRAM.
(D) DISBURSEMENTS.--DISBURSEMENTS FROM THE ACCOUNT SHALL BE
MADE BY THE COMMISSION.
(E) AUDIT.--THE AUDITOR GENERAL SHALL CONDUCT AN AUDIT OF
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THE ACCOUNT AS THE AUDITOR GENERAL MAY DEEM NECESSARY OR
ADVISABLE FROM TIME TO TIME BUT NO LESS OFTEN THAN ONCE EVERY
THREE YEARS.
§ 7431. REIMBURSEMENT TO COUNTIES.
EACH COUNTY SHALL PAY THE ORDINARY AND NECESSARY LIVING AND
TRAVEL EXPENSES AND THE REGULAR SALARY OF THE COUNTY'S SHERIFF
AND DEPUTY SHERIFFS WHILE ATTENDING APPROVED SCHOOLS. THE
COMMISSION SHALL PROVIDE FOR REIMBURSEMENT TO EACH COUNTY OF
100% OF THE REGULAR SALARIES OF THE COUNTY'S SHERIFF AND DEPUTY
SHERIFFS AND 100% OF THE ORDINARY AND NECESSARY LIVING AND
TRAVEL EXPENSES INCURRED BY THE COUNTY'S SHERIFF AND DEPUTY
SHERIFFS WHILE ATTENDING CERTIFIED SHERIFF AND DEPUTY SHERIFF
BASIC TRAINING OR CONTINUING EDUCATION SCHOOLS IF THE COUNTY
ADHERES TO THE TRAINING STANDARDS REQUIRED UNDER THIS SUBCHAPTER
AND ESTABLISHED BY THE BOARD WITH THE REVIEW AND APPROVAL OF THE
COMMISSION. THE COMMISSION SHALL PROVIDE FOR 100% OF THE TUITION
INCURRED BY THE SHERIFF AND DEPUTY SHERIFFS WHILE ATTENDING
CERTIFIED SHERIFF AND DEPUTY SHERIFF BASIC TRAINING OR
CONTINUING EDUCATION SCHOOLS.
SECTION 3. THE ADDITION OF 44 PA.C.S. CH. 74 SUBCH. C IS A
CONTINUATION OF THE ACT OF FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN
AS THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING ACT.
THE FOLLOWING APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN 44 PA.C.S. CH. 74
SUBCH. C, ALL ACTIVITIES INITIATED UNDER THE SHERIFF AND
DEPUTY SHERIFF EDUCATION AND TRAINING ACT SHALL CONTINUE AND
REMAIN IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER 44
PA.C.S. CH. 74 SUBCH. C. RESOLUTIONS, ORDERS, REGULATIONS,
RULES AND DECISIONS WHICH WERE MADE UNDER THE SHERIFF AND
DEPUTY SHERIFF EDUCATION AND TRAINING ACT AND WHICH ARE IN
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EFFECT ON THE EFFECTIVE DATE OF THIS SECTION SHALL REMAIN IN
FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR MODIFIED
UNDER 44 PA.C.S. CH. 74 SUBCH. C. CONTRACTS, OBLIGATIONS AND
AGREEMENTS ENTERED INTO UNDER THE SHERIFF AND DEPUTY SHERIFF
EDUCATION AND TRAINING ACT ARE NOT AFFECTED NOR IMPAIRED BY
THE REPEAL OF THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND
TRAINING ACT.
(2) EXCEPT AS SPECIFIED IN PARAGRAPHS (3) AND (4), ANY
DIFFERENCE IN LANGUAGE BETWEEN 44 PA.C.S. CH. 74 SUBCH. C AND
THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING ACT IS
INTENDED ONLY TO CONFORM TO THE STYLE OF THE PENNSYLVANIA
CONSOLIDATED STATUTES AND IS NOT INTENDED TO CHANGE OR AFFECT
THE LEGISLATIVE INTENT, JUDICIAL CONSTRUCTION OR
ADMINISTRATIVE INTERPRETATION AND IMPLEMENTATION OF THE
SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING ACT.
(3) THE FOLLOWING PROVISIONS OF THE SHERIFF AND DEPUTY
SHERIFF EDUCATION AND TRAINING ACT ARE OBSOLETE AND EXCLUDED
FROM THE ADDITION OF 44 PA.C.S. CH. 74 SUBCH. C:
(I) THE EXCEPTION FOR APPOINTMENTS UPON THE
EFFECTIVE DATE OF THE ACT UNDER THE FIRST SENTENCE OF
SECTION 3(C), THE LAST SENTENCE OF SECTION 3(G) AND THE
FIRST SENTENCE OF SECTION 3(H) OF THE ACT.
(II) (RESERVED).
(III) SECTION 8(B)(1) AND (2) AND (B.1)(1) AND (2)
OF THE ACT.
(4) PARAGRAPH (2) DOES NOT APPLY TO THE ADDITION OF THE
FOLLOWING:
(I) 44 PA.C.S. § 7427(G).
(II) 44 PA.C.S. § 7430(A), (B) AND (B.1).
(5) A REFERENCE IN ANY OTHER ACT OR REGULATION TO THE
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SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING ACT SHALL
BE DEEMED TO BE A REFERENCE TO 44 PA.C.S. CH. 74 SUBCH. C.
SECTION 4. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEALS UNDER
PARAGRAPH (2) ARE NECESSARY TO EFFECTUATE THIS ACT.
(2) THE ACT OF FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN AS
THE SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING ACT, IS
REPEALED.
SECTION 5. THIS ACT SHALL TAKE EFFECT JANUARY 1, 2021.
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