Trial Engrossment of Amendment A06249 to House Bill 1841 P.N. 3931, Regular Session 2019-2020

A06249

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1841

Session of

2019

INTRODUCED BY READSHAW, KORTZ, KULIK, MILLARD, HILL-EVANS,

JOHNSON-HARRELL, DeLUCA, BARRAR, A. DAVIS, CALTAGIRONE, MOUL,

BOYLE, SCHWEYER, MADDEN, FITZGERALD, SCHLOSSBERG, ISAACSON,

HOHENSTEIN, HOWARD, HANBIDGE, MALAGARI, ROZZI, GALLOWAY,

FREEMAN, SANCHEZ, DALEY, ZABEL AND PASHINSKI,

SEPTEMBER 19, 2019

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 15, 2020

AN ACT

Providing AMENDING TITLE 44 (LAW AND JUSTICE) OF THE

PENNSYLVANIA CONSOLIDATED STATUTES, PROVIDING for law

enforcement background investigations, for duties of the

Municipal Police Officers' Education and Training Commission,

law enforcement agencies and employers and for immunity from

liability and violations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Law

Enforcement Background Investigations and Employment Information

Act.

Section 2. Definitions.

The following words and phrases when used in this act 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.

"Employer." The term does not include the Commonwealth or a

political subdivision of the Commonwealth.

"Employment information." Written information in connection

with job applications, performance evaluations, attendance

records, disciplinary actions and eligibility for rehire.

"Law enforcement agency." A police department of a county,

city, borough, incorporated town or township or a county

district attorney's office.

Section 3. Background investigation required.

(a) General rule.--A law enforcement agency shall conduct a

thorough background investigation on an applicant for employment

as a police officer or an applicant for a position leading to

employment as a police officer before the applicant may be

employed. The background investigation must determine at a

minimum whether the candidate meets the following standards:

(1) Standards established by the commission.

(2) Established security standards for access to

national and State computerized record and communication

systems.

(b) Higher standards not precluded.--The required background

investigation does not prevent a law enforcement agency from

establishing higher standards for law enforcement employees if

those standards are not contrary to applicable law.

Section 4. Disclosure of employment information.

(a) Disclosure by employer.--Upon request of a law

enforcement agency, an employer shall disclose or otherwise make

available for inspection employment information of an employee

or former employee who is the subject of an investigation under

section 3. The request for disclosure of employment information

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must be:

(1) in writing;

(2) accompanied by an original authorization and release

signed by the employee or former employee; and

(3) signed by the chief of police or other authorized

representative of the law enforcement agency conducting the

background investigation.

(b) Disclosure by law enforcement agency.--Upon request of a

law enforcement agency for any purpose, a law enforcement agency

shall disclose or otherwise make available for inspection

employment information of an employee or former employee who is

the subject of the request. A law enforcement agency shall not

disclose or make available for inspection requested employment

information unless the request for disclosure for employment

information is:

(1) in writing;

(2) accompanied by an original authorization and release

signed by the employee or former employee; and

(3) signed by the chief of police, district attorney or

other authorized representative of the law enforcement agency

making the request.

Section 5. Refusal to disclose personnel record.

If a law enforcement agency or an employer refuses to

disclose employment information in accordance with this act, a

law enforcement agency may petition the Commonwealth Court to

issue an order directing the disclosure of the employment

information. The petition must include a copy of the original

request for disclosure made upon the law enforcement agency,

employer or former employer and the authorization and release

signed by the employee or former employee.

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Section 6. Immunity from liability and violations.

(a) General rule.--In the absence of fraud or malice, a law

enforcement agency or an employer is immune from civil liability

for employment information released to a law enforcement agency

in accordance with this act or for any subsequent publication

made by the employee or former employee of employment

information released to a law enforcement agency under this act.

(b) Release of information in violation of act.--A law

enforcement agency or employer is not immune from civil

liability for employment information released in violation of

this act. The following apply:

(1) A police officer adversely affected by the release

of employment information in violation of this act may seek

declarative and injunctive relief and actual and punitive

damages attributable to the violation in an appropriate

court.

(2) The court shall award reasonable expenses, including

but not limited to attorney fees, court costs and

compensation for loss of income, to the police officer

adversely affected if an action under paragraph (1) results

in:

(i) a final determination by a court in favor of the

police officer adversely affected; or

(ii) rescission of the challenged release of

information after suit has been filed under paragraph (1)

but prior to a final determination by a court.

Section 7. Notice of investigation.

(a) Notice to commission.--Upon initiation of a background

investigation under this act, a law enforcement agency shall

give written notice to the commission of the following:

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(1) The candidate's full name and date of birth.

(2) The candidate's police identification number, if

known.

(b) Timing.--Initiation of a background investigation occurs

when the law enforcement agency begins its determination of

whether an applicant meets the law enforcement agency's

standards for employment as a law enforcement employee. The

initiation of a background investigation does not include the

submission of an application for employment.

Section 8. Confidentiality agreements.

If employment information is subject to a confidentiality

agreement between the employee or former employee and the law

enforcement agency or employer, the law enforcement agency or

employer shall disclose the fact that a confidentiality

agreement exists. If the employee or former employee has

authorized the release of employment information without regard

to a previous agreement to the contrary, the law enforcement

agency or employer shall also disclose the employment

information in accordance with section 4. If employment

information is sealed or otherwise subject to a nondisclosure

order by a court of competent jurisdiction, the law enforcement

agency or employer shall disclose the fact that a nondisclosure

order exists, along with information identifying the court and

case number.

Section 9. Effective date.

This act shall take effect in 60 days.

SECTION 1. TITLE 44 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 73

LAW ENFORCEMENT BACKGROUND INVESTIGATIONS

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AND EMPLOYMENT INFORMATION

SEC.

7301. SCOPE OF CHAPTER.

7302. DEFINITIONS.

7303. BACKGROUND INVESTIGATION REQUIRED.

7304. DISCLOSURE OF EMPLOYMENT INFORMATION.

7305. REFUSAL TO DISCLOSE EMPLOYMENT INFORMATION.

7306. IMMUNITY.

7307. CONFIDENTIALITY AGREEMENTS AND NONDISCLOSURE.

7308. MAINTENANCE OF RECORDS.

7309. REPORTING.

7310. DISCLOSURE OF SEPARATION.

7311. HIRING REPORT.

7312. REGULATIONS.

§ 7301. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO LAW ENFORCEMENT BACKGROUND

INVESTIGATIONS AND EMPLOYMENT INFORMATION FOR LAW ENFORCEMENT

OFFICERS.

§ 7302. 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:

"APPLICANT." A PERSON APPLYING FOR EMPLOYMENT AS A LAW

ENFORCEMENT OFFICER OR FOR A POSITION LEADING TO EMPLOYMENT AS A

LAW ENFORCEMENT OFFICER.

"COMMISSION." THE MUNICIPAL POLICE OFFICERS' EDUCATION AND

TRAINING COMMISSION.

"EMPLOYMENT INFORMATION." WRITTEN INFORMATION IN CONNECTION

WITH JOB APPLICATIONS, PERFORMANCE EVALUATIONS, ATTENDANCE

RECORDS, DISCIPLINARY ACTIONS AND ELIGIBILITY FOR REHIRE.

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"FINAL AND BINDING DISCIPLINARY ACTION." DISCIPLINARY ACTION

IN WHICH A LAW ENFORCEMENT OFFICER VOLUNTARILY ACCEPTS

DISCIPLINE OR, IN THE CASE OF APPEAL BY THE DISCIPLINED OFFICER,

DISCIPLINARY ACTION IN WHICH THE APPEAL HAS BEEN EXHAUSTED OR

RESOLVED BY SETTLEMENT AGREEMENT, ARBITRATION OR OTHER DISPUTE

RESOLUTION MECHANISM.

"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).

"PROSPECTIVE EMPLOYING LAW ENFORCEMENT AGENCY." A LAW

ENFORCEMENT AGENCY IN THIS COMMONWEALTH THAT IS CONSIDERING

EMPLOYING A LAW ENFORCEMENT OFFICER.

"SEPARATION RECORDS." RECORDS REQUIRED TO BE MAINTAINED

UNDER SECTION 7309 (RELATING TO REPORTING).

§ 7303. BACKGROUND INVESTIGATION REQUIRED.

(A) GENERAL RULE.--A PROSPECTIVE EMPLOYING LAW ENFORCEMENT

AGENCY SHALL CONDUCT A THOROUGH BACKGROUND INVESTIGATION ON AN

APPLICANT FOR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER OR AN

APPLICANT , INCLUDING A REVIEW OF THE APPLICANT'S EMPLOYMENT

INFORMATION AND SEPARATION RECORDS, IF APPLICABLE, IN ACCORDANCE

WITH THIS CHAPTER, BEFORE THE APPLICANT MAY BE EMPLOYED. THE

BACKGROUND INVESTIGATION SHALL DETERMINE AT A MINIMUM WHETHER

THE APPLICANT MEETS THE STANDARDS ESTABLISHED BY THE COMMISSION.

(B) HIGHER STANDARDS NOT PRECLUDED.--THE REQUIRED BACKGROUND

INVESTIGATION DOES NOT PREVENT A LAW ENFORCEMENT AGENCY FROM

ESTABLISHING HIGHER STANDARDS FOR LAW ENFORCEMENT EMPLOYEES IF

THOSE STANDARDS ARE NOT CONTRARY TO APPLICABLE LAW.

§ 7304. DISCLOSURE OF EMPLOYMENT INFORMATION.

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UPON REQUEST OF A PROSPECTIVE EMPLOYING LAW ENFORCEMENT

AGENCY, A LAW ENFORCEMENT AGENCY SHALL DISCLOSE OR OTHERWISE

MAKE AVAILABLE FOR INSPECTION EMPLOYMENT INFORMATION OF AN

APPLICANT WHO IS THE SUBJECT OF A BACKGROUND INVESTIGATION UNDER

THIS CHAPTER. THE REQUEST FOR DISCLOSURE OF EMPLOYMENT

INFORMATION MUST BE:

(1) IN WRITING;

(2) ACCOMPANIED BY AN ORIGINAL AUTHORIZATION AND RELEASE

SIGNED BY THE APPLICANT; AND

(3) SIGNED BY THE CHIEF OF POLICE OR OTHER AUTHORIZED

REPRESENTATIVE OF THE PROSPECTIVE EMPLOYING LAW ENFORCEMENT

AGENCY CONDUCTING THE BACKGROUND INVESTIGATION.

§ 7305. REFUSAL TO DISCLOSE EMPLOYMENT INFORMATION.

IF A LAW ENFORCEMENT AGENCY REFUSES TO DISCLOSE EMPLOYMENT

INFORMATION TO A PROSPECTIVE EMPLOYING LAW ENFORCEMENT AGENCY IN

ACCORDANCE WITH THIS CHAPTER, THE PROSPECTIVE EMPLOYING LAW

ENFORCEMENT AGENCY MAY PETITION COMMONWEALTH COURT TO ISSUE AN

ORDER DIRECTING THE DISCLOSURE OF THE EMPLOYMENT INFORMATION.

THE PETITION MUST INCLUDE A COPY OF THE ORIGINAL REQUEST FOR

DISCLOSURE AND THE AUTHORIZATION AND RELEASE SIGNED BY THE

APPLICANT.

§ 7306. IMMUNITY.

(A) GENERAL RULE.--IN THE ABSENCE OF FRAUD OR MALICE, A LAW

ENFORCEMENT AGENCY IS IMMUNE FROM CIVIL LIABILITY FOR EMPLOYMENT

INFORMATION RELEASED TO A PROSPECTIVE EMPLOYING LAW ENFORCEMENT

AGENCY IN ACCORDANCE WITH THIS CHAPTER OR FOR ANY SUBSEQUENT

PUBLICATION MADE BY THE PROSPECTIVE EMPLOYING LAW ENFORCEMENT

AGENCY OR THE APPLICANT OF EMPLOYMENT INFORMATION RELEASED TO A

LAW ENFORCEMENT AGENCY UNDER THIS CHAPTER.

(B) RELEASE IN VIOLATION OF CHAPTER.--

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(1) A LAW ENFORCEMENT AGENCY IS NOT IMMUNE FROM CIVIL

LIABILITY FOR EMPLOYMENT INFORMATION RELEASED IN VIOLATION OF

THIS CHAPTER.

(2) AN APPLICANT ADVERSELY AFFECTED BY THE RELEASE OF

EMPLOYMENT INFORMATION IN VIOLATION OF THIS CHAPTER MAY SEEK

DECLARATIVE AND INJUNCTIVE RELIEF AND ACTUAL AND PUNITIVE

DAMAGES ATTRIBUTABLE TO THE VIOLATION IN AN APPROPRIATE

COURT.

(3) THE COURT SHALL AWARD REASONABLE EXPENSES, INCLUDING

ATTORNEY FEES, COURT COSTS AND COMPENSATION FOR LOSS OF

INCOME, TO THE APPLICANT ADVERSELY AFFECTED IF AN ACTION

UNDER PARAGRAPH (2) RESULTS IN:

(I) A FINAL DETERMINATION BY A COURT IN FAVOR OF THE

LAW ENFORCEMENT OFFICER ADVERSELY AFFECTED; OR

(II) RESCISSION OF THE CHALLENGED RELEASE OF

INFORMATION AFTER SUIT HAS BEEN FILED UNDER PARAGRAPH (2)

BUT PRIOR TO A FINAL DETERMINATION BY A COURT.

§ 7307. CONFIDENTIALITY AGREEMENTS AND NONDISCLOSURE.

(A) WHEN AGREEMENT EXISTS.--IF EMPLOYMENT INFORMATION IS

SUBJECT TO A CONFIDENTIALITY AGREEMENT BETWEEN THE APPLICANT AND

A LAW ENFORCEMENT AGENCY, THE APPLICANT SHALL DISCLOSE TO THE

PROSPECTIVE EMPLOYING LAW ENFORCEMENT AGENCY THE FACT THAT A

CONFIDENTIALITY AGREEMENT EXISTS.

(B) WHEN AGREEMENT IS ABSENT AND APPLICANT AUTHORIZES

RELEASE.--IF THE APPLICANT HAS AUTHORIZED THE RELEASE OF

EMPLOYMENT INFORMATION WITHOUT REGARD TO A PREVIOUS AGREEMENT TO

THE CONTRARY, THE LAW ENFORCEMENT AGENCY MAY DISCLOSE THE

EMPLOYMENT INFORMATION IN ACCORDANCE WITH THIS CHAPTER.

ORDER.--IF EMPLOYMENT INFORMATION IS SEALED OR OTHERWISE SUBJECT

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TO A NONDISCLOSURE ORDER BY A COURT OF COMPETENT JURISDICTION,

THE LAW ENFORCEMENT AGENCY SHALL DISCLOSE TO THE PROSPECTIVE

EMPLOYING LAW ENFORCEMENT AGENCY THE FACT THAT A NONDISCLOSURE

ORDER EXISTS, ALONG WITH INFORMATION IDENTIFYING THE COURT AND

CASE NUMBER.

§ 7308. MAINTENANCE OF RECORDS.

(A) GENERAL RULE.--IN ADDITION TO ANY OTHER EMPLOYMENT

INFORMATION REQUIRED TO BE MAINTAINED UNDER CURRENT LAW AND

REGULATION, A LAW ENFORCEMENT AGENCY SHALL MAINTAIN THE

FOLLOWING SEPARATION RECORDS:

(1) RECORDS OF THE REASON OR REASONS FOR, AND

CIRCUMSTANCES SURROUNDING, A SEPARATION OF SERVICE FOR A LAW

ENFORCEMENT OFFICER ON A FORM DEVELOPED BY THE COMMISSION AND

MADE AVAILABLE ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(2) RECORDS OF ALL CRIMINAL CHARGES FILED AGAINST A LAW

ENFORCEMENT OFFICER.

(3) RECORDS OF ALL CIVIL OR ETHICAL COMPLAINTS MADE

AGAINST A LAW ENFORCEMENT OFFICER.

(4) RECORDS OF THE DISPOSITION OF ALL CHARGES AND

COMPLAINTS, INCLUDING FINAL AND BINDING DISCIPLINARY ACTIONS,

TAKEN BY THE LAW ENFORCEMENT AGENCY AGAINST A LAW ENFORCEMENT

OFFICER, INCLUDING IMPOSITION OF PROBATIONARY OR OTHER

CONDITIONS RELATED TO EMPLOYMENT.

(B) REVIEW OF SEPARATION RECORDS.--A LAW ENFORCEMENT OFFICER

MAY REVIEW A SEPARATION RECORD UPON THE REQUEST OF THE LAW

ENFORCEMENT OFFICER ON A FORM DEVELOPED BY THE COMMISSION AND

MADE AVAILABLE ON THE LAW ENFORCEMENT AGENCY'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

(1) IF A LAW ENFORCEMENT OFFICER DISAGREES WITH THE

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ACCURACY OF THE CONTENTS OF A SEPARATION RECORD, THE LAW

ENFORCEMENT OFFICER MAY REQUEST THE CORRECTION OR REMOVAL OF

THE PORTION OF THE RECORD BELIEVED TO BE INCORRECT. THE

REQUEST MUST BE MADE IN WRITING USING A FORM DEVELOPED BY THE

COMMISSION AND AVAILABLE ON THE COMMISSION'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE. THE LAW ENFORCEMENT AGENCY SHALL

PROVIDE WRITTEN REASONS FOR CORRECTION OR REMOVAL OF A

PORTION OF THE RECORD, OR OF THE REFUSAL TO DO SO.

(2) IF THE LAW ENFORCEMENT AGENCY AND THE LAW

ENFORCEMENT OFFICER CANNOT REACH AN AGREEMENT ON THE CONTENTS

OF THE RECORD, THE LAW ENFORCEMENT OFFICER MAY SUBMIT A

WRITTEN STATEMENT EXPLAINING THE LAW ENFORCEMENT OFFICER'S

POSITION AND THE BASIS FOR THE DISAGREEMENT. THE STATEMENT

SHALL BE KEPT WITH AND PART OF THE SEPARATION RECORDS

REQUIRED UNDER THIS SECTION AND PROVIDED WITH THE REST OF THE

CONTENTS OF THE SEPARATION RECORDS AS REQUIRED UNDER SECTION

7310 (RELATING TO DISCLOSURE OF SEPARATION).

§ 7309. REPORTING.

(A) ELECTRONIC DATABASE.--

(1) THE COMMISSION SHALL ESTABLISH AND MAINTAIN AN

ELECTRONIC DATABASE CONTAINING THE SEPARATION RECORDS.

(2) THE DATABASE SHALL BE ACCESSIBLE TO ALL LAW

ENFORCEMENT AGENCIES IN THIS COMMONWEALTH.

(3) EXCEPT AS PROVIDED UNDER SECTION 7311(C) (RELATING

TO HIRING REPORT), SEPARATION RECORDS MAINTAINED IN THE

DATABASE SHALL BE EXEMPT FROM DISCLOSURE UNDER THE ACT OF

FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW

LAW .

(B) PROCEDURE.--THE COMMISSION SHALL ESTABLISH A PROCEDURE

BY WHICH A LAW ENFORCEMENT AGENCY MAY REQUEST AND REVIEW

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SEPARATION RECORDS IN THE DATABASE FOR THE PURPOSE OF EMPLOYING

AN APPLICANT.

LAW ENFORCEMENT AGENCIES FOR SEPARATION RECORDS AND MAY NOT

DISCLOSE THE NAME OF ANY LAW ENFORCEMENT OFFICER SUBJECT TO A

REQUEST FOR SEPARATION RECORDS TO THE PUBLIC. THE INFORMATION

PROVIDED TO A LAW ENFORCEMENT AGENCY, INCLUDING A LAW

ENFORCEMENT AGENCY OUTSIDE OF THIS COMMONWEALTH, SHALL BE EXEMPT

FROM DISCLOSURE UNDER THE RIGHT-TO-KNOW LAW .

(D) TIME PERIOD TO SUBMIT.--UPON THE SEPARATION OF AN

OFFICER FROM A LAW ENFORCEMENT AGENCY, THE LAW ENFORCEMENT

AGENCY SHALL SUBMIT THE SEPARATION RECORDS TO THE COMMISSION

WITHIN 15 DAYS OF SEPARATION.

(E) GOOD FAITH IMMUNITY.--

(1) A FORMER EMPLOYING LAW ENFORCEMENT AGENCY THAT

SUBMITS A SEPARATION RECORD TO THE DATABASE IN GOOD FAITH IS

IMMUNE FROM CIVIL LIABILITY FOR THE SUBSEQUENT DISCLOSURE OF

THAT RECORD FROM THE DATABASE.

(2) A LAW ENFORCEMENT AGENCY IS PRESUMED TO BE ACTING IN

GOOD FAITH AT THE TIME OF A DISCLOSURE UNDER THIS CHAPTER

UNLESS A PREPONDERANCE OF THE EVIDENCE ESTABLISHES ONE OR

MORE OF THE FOLLOWING:

(I) THE LAW ENFORCEMENT AGENCY KNEW THAT THE

SEPARATION RECORD WAS FALSE OR MISLEADING;

(II) THE LAW ENFORCEMENT AGENCY SUBMITTED THE

SEPARATION RECORD WITH A RECKLESS DISREGARD FOR THE

TRUTH; OR

(III) SUBMISSION OF THE SEPARATION RECORD WAS

SPECIFICALLY PROHIBITED BY A FEDERAL OR STATE LAW.

§ 7310. DISCLOSURE OF SEPARATION.

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(A) WAIVER REQUIRED.--

(1) AN APPLICANT SHALL PROVIDE TO THE PROSPECTIVE

EMPLOYING LAW ENFORCEMENT AGENCY, UPON AN OFFER OF

EMPLOYMENT, A SIGNED WAIVER UNDER THIS SECTION.

(2) THE WAIVER SHALL EXPRESSLY ALLOW THE PROSPECTIVE

EMPLOYING LAW ENFORCEMENT AGENCY TO CONTACT THE COMMISSION TO

SEEK A COPY OF ANY SEPARATION RECORD.

(3) THE WAIVER SHALL CONSIST OF A FORM DEVELOPED BY THE

COMMISSION AND MADE AVAILABLE ON THE COMMISSION'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

(4) THE PROSPECTIVE EMPLOYING LAW ENFORCEMENT AGENCY

SHALL PROVIDE THE SIGNED WAIVER TO THE COMMISSION.

(5) UPON RECEIPT OF THE SIGNED WAIVER, THE COMMISSION

SHALL, WITHIN SEVEN DAYS, PROVIDE A COPY OF ANY SEPARATION

RECORD RELATING TO THE APPLICANT TO THE PROSPECTIVE EMPLOYING

LAW ENFORCEMENT AGENCY OR CERTIFY THAT NO SEPARATION RECORD

IS IN THE DATABASE.

(B) RECORD OF SEPARATION CONDITION OF HIRING.--A PROSPECTIVE

EMPLOYING LAW ENFORCEMENT AGENCY MAY NOT HIRE AN APPLICANT UNTIL

THE PROSPECTIVE EMPLOYING LAW ENFORCEMENT AGENCY RECEIVES A COPY

OF THE SEPARATION RECORD OR CERTIFICATION OF NO SEPARATION

RECORD FROM THE COMMISSION.

§ 7311. HIRING REPORT.

(A) INFORMATION REQUIRED TO BE REPORTED.--IF A PROSPECTIVE

EMPLOYING LAW ENFORCEMENT AGENCY HIRES AN APPLICANT WHOSE

SEPARATION RECORDS INCLUDES ANY OF THE FOLLOWING, THE LAW

ENFORCEMENT AGENCY SHALL FILE A REPORT WITH THE COMMISSION THAT

INDICATES THE PROSPECTIVE EMPLOYING LAW ENFORCEMENT AGENCY'S

REASONING AND RATIONALE FOR HIRING THE APPLICANT:

(1) FINAL AND BINDING DISCIPLINARY ACTION BASED ON ANY

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OF THE FOLLOWING:

(I) EXCESSIVE FORCE;

(II) HARASSMENT;

(III) THEFT;

(IV) DISCRIMINATION;

(V) SEXUAL ABUSE;

(VI) SEXUAL MISCONDUCT;

(VII) DOMESTIC VIOLENCE;

(VIII) COERCION OF A FALSE CONFESSION;

(IX) FILING A FALSE REPORT; OR

(X) A JUDICIAL FINDING OF DISHONESTY.

(2) A CRIMINAL CONVICTION RELATING TO CONDUCT DESCRIBED

IN PARAGRAPH (1).

(B) ELECTRONIC DATABASE OF COMMISSION.--

(1) THE HIRING REPORT SHALL BE INCLUDED IN THE

COMMISSION'S ELECTRONIC DATABASE.

(2) THE HIRING REPORT SHALL BE ON A FORM DEVELOPED BY

THE COMMISSION AND MADE AVAILABLE ON THE COMMISSION'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE.

SUBJECT TO DISCLOSURE UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6,

NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.

§ 7312. REGULATIONS.

(A) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE

PROMPT IMPLEMENTATION OF THIS CHAPTER, THE COMMISSION SHALL

PROMULGATE TEMPORARY REGULATIONS WITHIN SIX MONTHS OF THE

EFFECTIVE DATE OF THIS SECTION THAT SHALL EXPIRE NO LATER THAN

TWO YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY

REGULATIONS. THE DEPARTMENT SHALL PROMULGATE TEMPORARY

REGULATIONS NOT SUBJECT TO:

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(1) SECTION 612 OF THE ACT OF APRIL 9, 1929 (P.L.177,

NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

(2) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF

JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE

COMMONWEALTH DOCUMENTS LAW.

(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER

15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH

ATTORNEYS ACT.

(4) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS

THE REGULATORY REVIEW ACT.

(B) PUBLICATION.--THE COMMISSION SHALL TRANSMIT THE

TEMPORARY REGULATIONS TO THE LEGISLATIVE REFERENCE BUREAU FOR

PUBLICATION IN THE PENNSYLVANIA BULLETIN NO LATER THAN SIX

MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.

INCLUDING TEMPORARY REGULATION, ESTABLISH THE FOLLOWING:

(1) PROCEDURES TO GUARANTEE THE CONFIDENTIALITY OF

EMPLOYMENT INFORMATION AND SEPARATION RECORDS.

(2) PROCEDURES TO GUARANTEE THE SECURITY OF THE DATABASE

ESTABLISHED UNDER THIS CHAPTER.

(3) REPORTABLE DISCIPLINARY ACTIONS AND CRIMINAL CONDUCT

FALLING WITHIN THE SCOPE OF SECTION 7311 (RELATING TO HIRING

REPORT).

(4) ANY OTHER PROCEDURE DEEMED NECESSARY BY THE

COMMISSION FOR IMPLEMENTATION OF THIS CHAPTER.

SECTION 2. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE ADDITION OF

44 PA.C.S. CH. 73 SHALL TAKE EFFECT IN ONE YEAR.

(2) THE ADDITION OF 44 PA.C.S. § 7312 SHALL TAKE EFFECT

IN 60 DAYS.

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(3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

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