PRINTER'S NO. 925
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
836
Session of
2023
INTRODUCED BY FARRY, SCHWANK AND REGAN, JUNE 20, 2023
REFERRED TO LAW AND JUSTICE, JUNE 20, 2023
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in employees, further providing for
definitions and for powers and duties of commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "certification" in section 2162
of Title 53 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding definitions 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:
"Approval." The assignment of an approval number to an
instructor or school director who meets the requirements
established by the commission.
"Certification." The assignment of a certification number to
a police officer after successful completion of a mandatory
basic training course or receipt of a waiver of basic training
from the commission and successful completion of mandatory in-
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service training. Certification is for a period of not more than
two years.
* * *
"Instructor." An individual approved by the commission to
teach in a basic police training course or an in-service police
training course.
* * *
"School director." An individual who is approved by the
commission and responsible for the daily operations of a
training school or academy which provides a basic police
training course within the functional organization of a police
department or departments or any educational facility in this
Commonwealth.
* * *
Section 2. Section 2164(3) and (3.1) of Title 53 are amended
and the section is amended by adding a paragraph to read:
§ 2164. Powers and duties of commission.
The powers and duties of the commission shall be as follows:
* * *
(3) To establish the minimum qualifications for
instructors and school directors, to approve or revoke the
approval of any instructor or school director and to develop
the requirements for continued [certification] approval.
(3.1) To suspend or revoke the certification of a police
officer or the approval of an instructor or school director
for a violation of 37 Pa. Code Ch. 203 (relating to
administration of the program). The following shall apply:
(i) In the case of a suspension, a hearing examiner
appointed by the commission shall recommend to the
commission whether the certification of a police officer
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or the approval of an instructor or school director shall
be suspended. If the certification or approval is
suspended, the hearing examiner shall recommend a period
of suspension which may be approved by the commission. At
the end of the period of suspension, the police officer
[or], instructor or school director may reapply for
certification or approval.
(ii) A police officer [or], instructor or school
director whose certification or approval is revoked
before, on or after the effective date of this paragraph
may apply to the commission for reinstatement no sooner
than one year following the date of revocation.
(iii) The commission shall develop standards and
guidelines to determine whether certification or approval
shall be reinstated. Separate standards shall be
developed for suspension and revocations.
* * *
(7.1) To require any individual applying to the
commission to attend basic police training at a school, or an
individual applying to the commission for certification as a
police officer or any individual applying to the commission
for approval as an instructor or school director to submit
fingerprints and other identifying information to the
Pennsylvania State Police. The Pennsylvania State Police
shall submit the fingerprints to the Federal Bureau of
Investigation for the purpose of a national criminal record
check and the Pennsylvania State Police shall check the
fingerprints against the Pennsylvania State Police central
repository for the purposes of obtaining a criminal history
record check. The following shall apply:
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(i) Any criminal history information obtained under
this section by the commission may be considered only to
the extent to which it relates to the person's
suitability to attend basic police training or to be
certified as a police officer or approved to be an
instructor or school director.
(ii) The provisions of 18 Pa.C.S. § 9121(b)
(relating to general regulations) shall not apply to a
request for a criminal history record check submitted
under this section.
* * *
Section 3. This act shall take effect in 60 days.
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