PRINTER'S NO. 904
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
763
Session of
2015
INTRODUCED BY C. PARKER, V. BROWN, KINSEY, J. HARRIS, COHEN,
THOMAS, BROWNLEE, FRANKEL, MURT, ROZZI AND McCARTER,
MARCH 10, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2015
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for arrest protocols.
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 chapter to read:
CHAPTER 25
ARREST PROTOCOLS
Sec.
2501. Definitions.
2502. Training.
2503. Guidelines for identification of minor or dependent
children upon arrest.
2504. Program responsibilities.
§ 2501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Commission." The Municipal Police Officers' Education and
Training Commission.
"Department." The Department of Human Services of the
Commonwealth.
"Law enforcement officer." Any of the following:
(1) Member of the Pennsylvania State Police.
(2) Municipal police officer as defined in 53 Pa.C.S.
Ch. 21 Subch. D (relating to municipal police education and
training).
(3) Constable and deputy constable as defined in Chapter
71 (relating to constables).
(4) County sheriff and deputy sheriff.
§ 2502. Training.
A course of training for ensuring child safety upon the
arrest of a parent or guardian shall be included in the basic
curriculum of each basic training class and as a component of
in-service training each year for each law enforcement officer.
§ 2503. Guidelines for identification of minor or dependent
children upon arrest.
(a) Inquiry upon arrest.--A law enforcement officer who
arrests an individual shall at the time of the arrest inquire as
to whether the individual is a parent or guardian of any minor
or dependent child whose safety or well-being may be at risk as
a result of the arrest. The law enforcement officer shall make
reasonable efforts to ensure the safety or well-being of any
such child in accordance with the guidelines under subsection
(b).
(b) Establishment of guidelines.--
(1) In consultation with representatives of the county
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children and youth social service agencies, other social
service agencies and organizations, experts and advocacy
groups, the Pennsylvania State Police, the commission and the
department shall establish guidelines and training programs
for law enforcement officers to ensure the safety and well-
being of a child upon the arrest of a parent or guardian of
the child.
(2) The guidelines and training programs shall include:
(i) Procedures to ensure that law enforcement
officers inquire whether an arrestee has any minor or
dependent child who may be present or at another location
at the time of the arrest.
(ii) Procedures for the proper arrangement of
temporary care for children to ensure their safety and
well-being.
(iii) Education on how the effects of witnessing a
violent crime or other event causes emotional trauma to
children and how law enforcement officers can assist in
mitigating the long-term effects of the trauma.
§ 2504. Program responsibilities.
The Pennsylvania State Police and the commission shall:
(1) Use available funds to develop and maintain arrest
protocol training programs.
(2) Oversee and coordinate the arrest protocol training
programs throughout this Commonwealth.
(3) Regularly evaluate arrest protocol programs and make
modifications as necessary.
Section 2. This act shall take effect in 60 days.
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