PRIOR PRINTER'S NO. 430
PRINTER'S NO. 2164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
462
Session of
2023
INTRODUCED BY KINSEY, DAWKINS, SCOTT, HILL-EVANS, MADDEN,
FIEDLER, RABB, SCHLOSSBERG, KHAN, FREEMAN, KAZEEM, SANCHEZ,
KINKEAD, PARKER, STURLA, OTTEN, D. WILLIAMS, BELLMON, PROBST,
WARREN, CONKLIN, KRAJEWSKI, GREEN AND FRANKEL, MARCH 16, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 18, 2023
AN ACT
Amending Title TITLES 44 (Law and Justice) AND 53
(MUNICIPALITIES GENERALLY) of the Pennsylvania Consolidated
Statutes, providing for actions by law enforcement.; AND, IN
EMPLOYEES, PROVIDING FOR USE OF FORCE RECORDKEEPING AND
REPORTING FOR LAW ENFORCEMENT AGENCIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART V
ACTIONS BY LAW ENFORCEMENT
Chapter
91. Use of Force
CHAPTER 91
USE OF FORCE
Sec.
9101. Prohibition.
§ 9101. Prohibition.
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(a) General rule.--Notwithstanding 18 Pa.C.S. § 508
(relating to use of force in law enforcement) and except as
provided under subsection (b), in making an arrest a
Pennsylvania State Police officer or municipal police officer:
(1) May not:
(i) apply the use of a chokehold;
(ii) apply any pressure to the diaphragm, airways or
any compression that inhibits breath or the flow of blood
to the brain of the person; or
(iii) hold the person in prone restraint or facedown
while restrained for a period of time exceeding three
minutes or as practical as to avoid positional asphyxia.
(2) May not keep the person in prone restraint or a
facedown position once the person is restrained.
(b) Application.--The prohibitions under subsection (a)
shall not apply when the use of deadly force is permitted under
law.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Prone restraint." All items or measures used to restrain a
person in a facedown position.
SECTION 2. THE HEADING OF SUBCHAPTER B OF CHAPTER 21 OF
TITLE 53 IS AMENDED TO READ:
SUBCHAPTER B
[(RESERVED)]
USE OF FORCE
RECORDKEEPING AND REPORTING
FOR LAW ENFORCEMENT AGENCIES
SECTION 3. SUBCHAPTER B OF CHAPTER 21 OF TITLE 53 IS AMENDED
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BY ADDING SECTIONS TO READ:
§ 2131 . POLICY.
IT IS THE POLICY OF THE COMMONWEALTH TO PROVIDE LAW
ENFORCEMENT AGENCIES WITH RECORDKEEPING AND REPORTING
REQUIREMENTS REGARDING THE USE OF FORCE AND DEADLY FORCE BY LAW
ENFORCEMENT OFFICERS.
§ 2132 . 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:
"COMMISSION." THE MUNICIPAL POLICE OFFICERS' EDUCATION AND
TRAINING COMMISSION.
"COMMISSIONER." THE COMMISSIONER OF PENNSYLVANIA STATE
POLICE.
"FORCE." EFFORTS USED BY A LAW ENFORCEMENT OFFICER THAT MAY
RESULT IN S ERIOUS BODILY INJURY OR DEATH WHEN USED TO:
(1) EFFECTUATE AN ARREST.
(2) OVERCOME RESISTANCE OR THREATENED RESISTANCE TO
E FFECTUATE AN ARREST.
(3) PROTECT THE ARRESTING OFFICER OR ANY OTHER PERSON
F ROM INJURY OR DEATH.
" LAW ENFORCEMENT AGENCY. " A LAW ENFORCEMENT AGENCY IN THIS
COMMONWEALTH THAT IS THE EMPLOYER OF A LAW ENFORCEMENT OFFICER.
" LAW ENFORCEMENT OFFICER. " THE TERM SHALL HAVE THE SAME
MEANING AS THE TERM " PEACE OFFICER " UNDER 18 PA.C.S. § 501
(RELATING TO DEFINITIONS).
"SERIOUS BODILY INJURY." BODILY INJURY THAT CREATES A
SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT
DISFIGUREMENT OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION
OF A BODILY MEMBER OR ORGAN.
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§ 2133 . RECORDKEEPING.
(A) GENERAL RULE.--EACH LAW ENFORCEMENT AGENCY SHALL
MAINTAIN RECORDS OF ALL INCIDENTS INVOLVING A USE OF FORCE BY A
LAW ENFORCEMENT OFFICER .
(B) PROCEDURE.--THE COMMISSIONER, IN CONSULTATION WITH THE
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION AND THE FRATERNAL
ORDER OF POLICE, SHALL DEVELOP A REPORTING MECHANISM EACH LAW
ENFORCEMENT AGENCY MUST COMPLY WITH AND SUBMIT RECORDS OF ALL
USE OF FORCE INCIDENTS. THE COMMISSIONER, WITH THE APPROVAL OF
THE COMMISSION, SHALL DETERMINE THE MOST EFFICIENT AND LEAST
BURDENSOME PROCEDURE FOR WHICH THIS REPORTING REQUIREMENT SHALL
BE IMPLEMENTED, ADMINISTERED AND MAINTAINED. THIS PROCEDURE MAY
BE INCORPORATED AT THE DISCRETION OF THE COMMISSIONER WITHIN
EXISTING OR FORTHCOMING UNIFORM CRIME REPORTING FUNCTIONS,
INCLUDING A NATIONAL INCIDENT-BASED REPORTING SYSTEM.
(C) CONTENT.--THE REPORT SHALL INCLUDE THE FOLLOWING
INFORMATION:
(1) REASON FOR USE OF FORCE.
(2) PERSONAL INJURIES, IF ANY.
(3) PROPERTY DAMAGE, IF ANY.
(4) DEATHS, IF ANY.
(5) SUSPECT INFORMATION, INCLUDING STATUTE VIOLATIONS
AND APPREHENSION STATUS OF THE SUSPECT.
(D) IMPLEMENTATION.--THE COMMISSIONER MAY IMPLEMENT THE
REPORTING REQUIREMENTS TO COINCIDE WITH THE TIMING OF THE
IMPLEMENTATION OF A NATIONAL INCIDENT-BASED REPORTING SYSTEM
WITHIN THIS COMMONWEALTH.
§ 2134 . PENNSYLVANIA STATE POLICE REPORT.
(A) ANNUAL REPORT.--THE PENNSYLVANIA STATE POLICE SHALL
COMPILE DATA SENT BY INDIVIDUAL AGENCIES ON AN ANNUAL BASIS. THE
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PENNSYLVANIA STATE POLICE SHALL MAKE AN ANNUAL REPORT BASED ON
STATEWIDE DATA TO THE OFFICE OF ATTORNEY GENERAL, THE JUDICIARY
COMMITTEE OF THE SENATE, THE JUDICIARY COMMITTEE OF THE HOUSE OF
REPRESENTATIVES AND THE LAW AND JUSTICE COMMITTEE OF THE SENATE.
(B) CONTENTS.--THE STATEWIDE REPORT SHALL INCLUDE THE
FOLLOWING INFORMATION:
(1) STATEWIDE AGGREGATIONS OF INFORMATION COLLECTED
UNDER SECTION 2133(C) (RELATING TO RECORDKEEPING).
(2) THE TOTAL NUMBER AND PERCENTAGE OF INCIDENTS
INVOLVING THE USE OF FORCE.
(3) THE TOTAL NUMBER AND PERCENTAGE OF INCIDENTS
INVOLVING THE USE OF FORCE RESULTING IN SERIOUS BODILY
INJURY.
(4) THE TOTAL NUMBER AND PERCENTAGE OF INCIDENTS
INVOLVING THE USE OF FORCE RESULTING IN DEATH.
(C) SUBMISSION OF ANNUAL REPORT.--THE PENNSYLVANIA STATE
POLICE SHALL SUBMIT THE FIRST ANNUAL REPORT AFTER THE FIRST FULL
CALENDAR YEAR OF DATA COLLECTION.
Section 2 4. This act shall take effect in 60 days.
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