PRIOR PRINTER'S NOS. 443, 1170 PRINTER'S NO. 2751
No. 411 Session of 1993
INTRODUCED BY CALTAGIRONE AND REBER, FEBRUARY 10, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 23, 1993
AN ACT
1 Amending the act of February 9, 1984 (P.L.3, No.2), entitled "An
2 act providing for the education and training of deputy
3 sheriffs; creating the Deputy Sheriffs' Education and
4 Training Board under the Pennsylvania Commission on Crime and
5 Delinquency; providing for the powers and duties of the board
6 and the Attorney General; establishing the Deputy Sheriffs'
7 Education and Training Account; providing for a surcharge on
8 sheriffs' fees; and providing penalties," further providing
9 for TRAINING REQUIREMENT, FOR THE DEPUTY SHERIFFS' EDUCATION <--
10 AND TRAINING BOARD, FOR THE DEPUTY SHERIFFS' EDUCATION AND
11 TRAINING PROGRAM AND FOR the Deputy Sheriffs' Education and
12 Training Account.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 8 of the act of February 9, 1984 (P.L.3, <--
16 No.2), known as the Deputy Sheriffs' Education and Training Act,
17 is amended by adding a subsection to read:
18 SECTION 1. SECTIONS 3, 4 AND 5 OF THE ACT OF FEBRUARY 9, <--
19 1984 (P.L.3, NO.2), KNOWN AS THE DEPUTY SHERIFFS' EDUCATION AND
20 TRAINING ACT, ARE AMENDED TO READ:
21 SECTION 3. THE DEPUTY SHERIFFS' EDUCATION AND TRAINING BOARD.
22 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED WITHIN THE
1 COMMISSION AN ADVISORY BOARD TO BE KNOWN AS THE DEPUTY SHERIFFS'
2 EDUCATION AND TRAINING BOARD.
3 (B) COMPOSITION.--THE BOARD SHALL BE COMPOSED OF NINE
4 MEMBERS AS FOLLOWS:
5 (1) THE ATTORNEY GENERAL.
6 (2) TWO JUDGES OF THE COURTS OF COMMON PLEAS FROM
7 DIFFERENT COUNTIES.
8 (3) TWO SHERIFFS OR CHIEF DEPUTIES FROM DIFFERENT
9 COUNTIES WITH A MINIMUM OF SIX YEARS EXPERIENCE AS A SHERIFF
10 OR CHIEF DEPUTY.
11 (4) THREE INDIVIDUALS [FROM DIFFERENT COUNTIES] , ONE OF
12 WHOM IS A DEPUTY SHERIFF WITH A RANK OF SERGEANT OR DEPUTY
13 SHERIFF WITH A MINIMUM OF EIGHT YEARS EXPERIENCE [EACH] AS A
14 DEPUTY SHERIFF, WHO IS CURRENTLY EMPLOYED IN THE CAPACITY AS
15 A DEPUTY SHERIFF WITH A RANK OF SERGEANT OR DEPUTY SHERIFF,
16 TO BE APPOINTED BY THE GOVERNOR.
17 (5) ONE EDUCATOR QUALIFIED IN THE FIELD OF CURRICULUM
18 DESIGN.
19 (C) APPOINTMENTS AND TERMS.--ALL MEMBERS OF THE BOARD, OTHER
20 THAN THE ATTORNEY GENERAL, WHO SHALL BE A PERMANENT MEMBER,
21 SHALL BE APPOINTED BY THE GOVERNOR FOR A PERIOD OF THREE YEARS
22 EXCEPT THAT UPON THE EFFECTIVE DATE OF THIS ACT THE GOVERNOR
23 SHALL APPOINT ONE JUDGE FOR A PERIOD OF TWO YEARS, ONE SHERIFF
24 FOR A PERIOD OF TWO YEARS AND ONE DEPUTY SHERIFF FOR A PERIOD OF
25 ONE YEAR. ANY MEMBER OF THE BOARD SHALL CEASE TO BE A MEMBER OF
26 SAID BOARD IMMEDIATELY UPON TERMINATION OF SERVICE IN THE
27 POSITION BY WHICH THAT PERSON WAS ELIGIBLE FOR MEMBERSHIP OR
28 APPOINTED AS A MEMBER OF THE BOARD.
29 (D) VACANCIES.--A MEMBER APPOINTED TO FILL A VACANCY CREATED
30 BY ANY REASON OTHER THAN EXPIRATION OF A TERM SHALL BE APPOINTED
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1 FOR THE UNEXPIRED TERM OF THE MEMBER WHOM HE IS TO SUCCEED IN
2 THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
3 (E) EXPENSES.--THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT
4 COMPENSATION BUT SHALL BE REIMBURSED THE NECESSARY AND ACTUAL
5 EXPENSES INCURRED IN ATTENDING THE MEETINGS OF THE BOARD AND IN
6 THE PERFORMANCE OF THEIR DUTIES UNDER THIS ACT.
7 (F) REMOVAL.--MEMBERS OF THE BOARD, OTHER THAN THE ATTORNEY
8 GENERAL, MAY BE REMOVED BY THE GOVERNOR FOR GOOD CAUSE UPON
9 WRITTEN NOTICE FROM THE GOVERNOR SPECIFICALLY SETTING FORTH THE
10 CAUSE FOR REMOVAL.
11 (G) CHAIRMAN.--THE MEMBERS OF THE BOARD SHALL ELECT A
12 CHAIRMAN FROM AMONG THE MEMBERS TO SERVE FOR A PERIOD OF ONE
13 YEAR. A CHAIRMAN MAY BE ELECTED TO SERVE SUCCESSIVE TERMS. THE
14 GOVERNOR SHALL DESIGNATE THE FIRST CHAIRMAN FOR ORGANIZATIONAL
15 PURPOSES ONLY.
16 (H) MEETINGS AND QUORUM.--THE CHAIRMAN SHALL SUMMON THE
17 MEMBERS OF THE BOARD TO THE FIRST MEETING WITHIN 120 DAYS OF THE
18 EFFECTIVE DATE OF THIS ACT. THE BOARD SHALL MEET AT LEAST FOUR
19 TIMES EACH YEAR. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIRMAN
20 OF THE BOARD OR UPON WRITTEN REQUEST OF THREE MEMBERS. A QUORUM
21 SHALL CONSIST OF FIVE MEMBERS.
22 SECTION 4. POWERS AND DUTIES OF THE BOARD.
23 THE BOARD, WITH THE REVIEW AND APPROVAL OF THE COMMISSION,
24 SHALL:
25 (1) ESTABLISH, IMPLEMENT AND ADMINISTER THE DEPUTY
26 SHERIFFS' EDUCATION AND TRAINING PROGRAM ACCORDING TO THE
27 MINIMUM REQUIREMENTS SET FORTH IN THIS ACT.
28 (2) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
29 THE MINIMUM COURSES OF STUDY AND TRAINING FOR DEPUTY
30 SHERIFFS. DEPUTY SHERIFFS WHO HAVE SUCCESSFULLY COMPLETED A
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1 COURSE OF STUDY EQUIVALENT TO THAT SET OUT IN THE MUNICIPAL
2 POLICE OFFICERS' EDUCATION AND TRAINING PROGRAM, AT A SCHOOL
3 CERTIFIED BY THE MUNICIPAL POLICE OFFICERS' EDUCATION AND
4 TRAINING COMMISSION FOR PROVIDING SUCH TRAINING, SHALL BE
5 DEEMED TO HAVE SATISFIED 120 OF THE 160 HOURS REQUIRED AS THE
6 MINIMUM COURSE OF STUDY AND TRAINING.
7 (3) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
8 COURSES OF STUDY AND IN-SERVICE TRAINING FOR DEPUTY SHERIFFS
9 APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
10 (4) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
11 A CONTINUING EDUCATION PROGRAM FOR ALL DEPUTY SHERIFFS
12 CONCERNING SUBJECTS THE BOARD MAY DEEM NECESSARY AND
13 APPROPRIATE FOR THE CONTINUED EDUCATION AND TRAINING OF
14 DEPUTY SHERIFFS.
15 (5) APPROVE OR REVOKE THE APPROVAL OF ANY SCHOOL WHICH
16 MAY BE UTILIZED TO COMPLY WITH THE EDUCATIONAL AND TRAINING
17 REQUIREMENTS OF THIS ACT. IN ALL CASES WHERE THE SHERIFF OF
18 THE COUNTY CHOOSES TO HAVE HIS DEPUTIES RECEIVE THE MUNICIPAL
19 POLICE OFFICERS' BASIC TRAINING IN LIEU OF THE DEPUTY
20 SHERIFFS' BASIC TRAINING, ANY SCHOOL WHICH HAS BEEN APPROVED
21 FOR PROVIDING BASIC POLICE TRAINING BY THE MUNICIPAL POLICE
22 OFFICERS' EDUCATION AND TRAINING COMMISSION SHALL BE DEEMED
23 TO HAVE SATISFIED THE REQUIREMENTS OF THIS PARAGRAPH.
24 (6) ESTABLISH THE MINIMUM QUALIFICATIONS FOR INSTRUCTORS
25 AND CERTIFY INSTRUCTORS. IN ALL CASES WHERE THE SHERIFF OF
26 THE COUNTY CHOOSES TO HAVE HIS DEPUTIES RECEIVE THE MUNICIPAL
27 POLICE OFFICERS' BASIC TRAINING IN LIEU OF THE DEPUTY
28 SHERIFFS' BASIC TRAINING, ANY INSTRUCTOR WHO HAS BEEN
29 CERTIFIED BY THE MUNICIPAL POLICE OFFICERS' EDUCATION AND
30 TRAINING COMMISSION SHALL BE DEEMED TO HAVE SATISFIED THE
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1 REQUIREMENTS OF THIS PARAGRAPH.
2 (7) CONSULT AND COOPERATE WITH UNIVERSITIES, COLLEGES,
3 LAW SCHOOLS, COMMUNITY COLLEGES AND INSTITUTES FOR THE
4 DEVELOPMENT OF SPECIALIZED COURSES FOR DEPUTY SHERIFFS.
5 (8) PROMOTE THE MOST EFFICIENT AND ECONOMICAL PROGRAM
6 FOR DEPUTY SHERIFF TRAINING BY UTILIZING EXISTING FACILITIES,
7 PROGRAMS AND QUALIFIED STATE AND LOCAL PERSONNEL.
8 (9) CERTIFY DEPUTY SHERIFFS WHO HAVE SATISFACTORILY
9 COMPLETED THE BASIC EDUCATION AND TRAINING REQUIREMENTS OF
10 THIS ACT AND ISSUE APPROPRIATE NUMBERED CERTIFICATES TO THEM.
11 (10) MAKE RULES AND REGULATIONS AND PERFORM OTHER DUTIES
12 AS MAY BE REASONABLY NECESSARY OR APPROPRIATE TO ADMINISTER
13 THE EDUCATION AND TRAINING PROGRAM FOR DEPUTY SHERIFFS.
14 (11) MAKE AN ANNUAL REPORT TO THE GOVERNOR AND TO THE
15 GENERAL ASSEMBLY CONCERNING:
16 (I) THE ADMINISTRATION OF THE DEPUTY SHERIFFS'
17 EDUCATION AND TRAINING PROGRAM.
18 (II) THE ACTIVITIES OF THE BOARD.
19 (III) THE COSTS OF THE PROGRAM.
20 SECTION 5. TRAINING PROGRAM.
21 THE DEPUTY SHERIFFS' EDUCATION AND TRAINING PROGRAM SHALL
22 INCLUDE APPROPRIATE TRAINING FOR A TOTAL OF 160 HOURS WHICH
23 CONTENT SHALL BE DETERMINED BY REGULATION. IN ALL CASES WHERE
24 THE SHERIFF OF THE COUNTY CHOOSES TO HAVE HIS DEPUTIES RECEIVE
25 THE MUNICIPAL POLICE OFFICERS' BASIC TRAINING IN LIEU OF THE
26 DEPUTY SHERIFFS' BASIC TRAINING, SUCH TRAINING SHALL BE DEEMED
27 TO HAVE SATISFIED 120 OF THE 160 HOURS REQUIRED BY THIS SECTION.
28 SECTION 2. SECTIONS 7 AND 8 OF THE ACT ARE AMENDED BY ADDING
29 SUBSECTIONS TO READ:
30 SECTION 7. TRAINING REQUIREMENT.
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1 * * *
2 (A.1) DIPLOMA.--NO PERSON SHALL BE EMPLOYED OR APPOINTED AS
3 A DEPUTY SHERIFF UNLESS THE PERSON IS A HIGH SCHOOL GRADUATE OR
4 HAS RECEIVED A SECONDARY SCHOOL DIPLOMA ON THE BASIS OF GENERAL
5 EDUCATION DEVELOPMENT (GED).
6 * * *
7 Section 8. Deputy Sheriffs' Education and Training Account.
8 * * *
9 (b.1) Surcharge in counties of first AND SECOND class.--In <--
10 counties of the first AND SECOND class, a $2.25 surcharge shall <--
11 be collected by the prothonotary of that county for each
12 defendant named in a document filed to commence an action
13 pursuant to Pa.R.C.P. No.1007, except when service is made by a
14 competent adult in the actions listed in Pa.R.C.P. Nos.400(b)
15 and 400.1(c). Ten percent of the surcharge shall be retained by
16 the prothonotary to cover administrative costs incurred by
17 collecting the surcharge and to support any technology and
18 automation improvements or upgrades for the prothonotary, and
19 the balance shall be transmitted semiannually to the State
20 Treasurer for deposit into the account.
21 * * *
22 Section 2. This act shall take effect in 60 days. <--
23 SECTION 3. THE AMENDMENT OF SECTION 7 OF THE ACT SHALL APPLY <--
24 TO ALL DEPUTY SHERIFFS EMPLOYED OR APPOINTED ON OR AFTER THE
25 EFFECTIVE DATE OF THIS ACT.
26 SECTION 4. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
27 AS THEY ARE INCONSISTENT WITH THIS ACT.
28 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
29 (1) THE ADDITION OF SECTION 8(B.1) OF THE ACT SHALL TAKE
30 EFFECT IN 60 DAYS.
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1 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
2 IMMEDIATELY.
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