SENATE AMENDED
PRIOR PRINTER'S NOS. 2293, 3147, 3570
PRINTER'S NO. 3592
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1988
Session of
2021
INTRODUCED BY OWLETT, OBERLANDER, STRUZZI, CAUSER, MIZGORSKI,
COOK, R. BROWN, SNYDER, D. WILLIAMS, BERNSTINE, SMITH, JAMES,
CIRESI, MOUL, OTTEN, RADER, WHEELAND, LAWRENCE, SAPPEY AND
HERRIN, OCTOBER 22, 2021
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 24, 2022
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, in recordings by law enforcement officers, further
providing for definitions; in employees, further providing
for definitions; and providing for automatic certification by
the Municipal Police Officers' Education and Training
Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "law enforcement officer" in
section 67A01 of Title 42 of the Pennsylvania Consolidated
Statutes is amended to read:
§ 67A01. 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:
* * *
"Law enforcement officer." [An officer of the United States,
the Commonwealth or a political subdivision thereof, another
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state or political subdivision thereof or who is empowered by
law to conduct investigations of or to make arrests for offenses
enumerated in this chapter or an equivalent crime in another
jurisdiction, a sheriff or deputy sheriff and any attorney
authorized by law to prosecute or participate in the prosecution
of the offense.] A member of the Pennsylvania State Police, an
individual employed as a police officer who holds a current
certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to
municipal police education and training), a sheriff or a deputy
sheriff.
* * *
Section 2. The definitions of "college," "police
department," "police officer" and "university" in section 2162
of Title 53 are amended to read:
§ 2162. 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:
* * *
"College." A college which has a campus police department,
as used in section 2416 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, certified by
the Office of Attorney General as a criminal justice agency
under the definition of "criminal justice agency" in 18 Pa.C.S.
§ 9102 (relating to definitions). [The term does not include the
State System of Higher Education and its member institutions.]
* * *
"Police department." Any of the following:
(1) A public agency of a political subdivision having
general police powers and charged with making arrests in
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connection with the enforcement of the criminal or traffic
laws. This paragraph includes the sheriff's office in a
county of the second class.
(2) A campus police or university police department, as
used in section 2416 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, certified
by the Office of Attorney General as a criminal justice
agency under the definition of "criminal justice agency" in
18 Pa.C.S. § 9102 (relating to definitions). [This paragraph
does not include a campus police or university police
department of the State System of Higher Education and its
member institutions.]
(3) A railroad or street railway police department
formed with officers commissioned under 22 Pa.C.S. Ch. 33
(relating to railroad and street railway police) or any prior
statute providing for such commissioning.
(4) The Capitol Police.
(5) The Harrisburg International Airport Police.
(6) An airport authority police department.
(7) A county park police force under section 2511(b) of
the act of August 9, 1955 (P.L.323, No.130), known as The
County Code.
"Police officer." Any of the following:
(1) A full-time or part-time employee assigned to
criminal or traffic law enforcement duties of any of the
following:
(i) A police department of a county, city, borough,
town or township.
(ii) Any railroad or street railway police.
(iii) Any campus or university police department,
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including the State System of Higher Education and its
member institutions.
(iv) The Capitol Police.
(v) The Harrisburg International Airport Police.
(vi) An airport authority police department.
(2) A deputy sheriff of a county of the second class.
(3) A security officer of a first class city housing
authority or a police officer of a second class city housing
authority.
(4) A county park police officer.
The term excludes persons employed to check parking meters or to
perform only administrative duties and auxiliary and fire
police.
* * *
"University." A university which has a campus police
department, as used in section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
certified by the Office of Attorney General as a criminal
justice agency under the definition of "criminal justice agency"
in 18 Pa.C.S. § 9102 (relating to definitions). [The term does
not include the State System of Higher Education and its member
institutions.]
SECTION 3. SECTION 2168 OF TITLE 53 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 2168. AUTOMATIC CERTIFICATION.
* * *
(E) SCHOOL POLICE OFFICER CERTIFICATION.--NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, A SCHOOL POLICE
OFFICER, AS DEFINED IN SECTION 1301-C OF THE ACT OF MARCH 14,
1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
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SHALL BE ELIGIBLE TO MAINTAIN CERTIFICATION IF THE SCHOOL POLICE
OFFICER MEETS THE FOLLOWING:
(1) SATISFACTORILY COMPLETED THE BASIC EDUCATIONAL AND
TRAINING REQUIREMENTS ESTABLISHED UNDER THIS SUBCHAPTER.
(2) SATISFACTORILY COMPLETED THE MINIMUM NUMBER OF IN-
SERVICE TRAINING HOURS ESTABLISHED BY THE COMMISSION AND
REQUIRED TO MAINTAIN CERTIFICATION.
(3) EITHER:
(I) HAS AN ACTIVE CERTIFICATION ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION; OR
(II) WAS PREVIOUSLY CERTIFIED AS A SCHOOL POLICE
OFFICER BY THE COMMISSION, WHICH CERTIFICATION LAPSED
WITHIN THE LAST TWO YEARS, AND HAS BEEN EMPLOYED, WITH NO
LAPSE IN SERVICE, AS A SCHOOL POLICE OFFICER IN THIS
COMMONWEALTH UNDER SECTION 1302-C OF THE PUBLIC SCHOOL
CODE OF 1949.
Section 3 4. Campus police, as defined in section 2001-A(20)
of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949, who have successfully completed the
basic training course from the commission and obtained a
psychological evaluation for employment as a law enforcement
officer before the effective date of this section shall be
automatically certified by the Municipal Police Officers'
Education and Training Commission.
Section 4 5. This act shall take effect immediately.
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