SENATE AMENDED
PRIOR PRINTER'S NOS. 443, 1170, 2751 PRINTER'S NO. 3346
No. 411 Session of 1993
INTRODUCED BY CALTAGIRONE AND REBER, FEBRUARY 10, 1993
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
MARCH 16, 1994
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. Sections 3, 4 and 5 SECTION 3 of the act of <--
16 February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs'
17 Education and Training Act, are IS amended to read: <--
18 Section 3. The Deputy Sheriffs' Education and Training Board.
19 (a) Establishment.--There is hereby established within the
20 commission an advisory board to be known as the Deputy Sheriffs'
21 Education and Training Board.
1 (b) Composition.--The board shall be composed of nine
2 members as follows:
3 (1) The Attorney General.
4 (2) Two judges of the courts of common pleas from
5 different counties.
6 (3) Two sheriffs or chief deputies from different
7 counties with a minimum of six years experience as a sheriff
8 or chief deputy.
9 (4) Three individuals [from different counties] , one of
10 whom is a deputy sheriff with a rank of sergeant or deputy
11 sheriff with a minimum of eight years experience [each] as a
12 deputy sheriff, who is currently employed in the capacity as
13 a deputy sheriff with a rank of sergeant or deputy sheriff,
14 to be appointed by the Governor.
15 (5) One educator qualified in the field of curriculum
16 design.
17 (c) Appointments and terms.--All members of the board, other
18 than the Attorney General, who shall be a permanent member,
19 shall be appointed by the Governor for a period of three years
20 except that upon the effective date of this act the Governor
21 shall appoint one judge for a period of two years, one sheriff
22 for a period of two years and one deputy sheriff for a period of
23 one year. Any member of the board shall cease to be a member of
24 said board immediately upon termination of service in the
25 position by which that person was eligible for membership or
26 appointed as a member of the board.
27 (d) Vacancies.--A member appointed to fill a vacancy created
28 by any reason other than expiration of a term shall be appointed
29 for the unexpired term of the member whom he is to succeed in
30 the same manner as the original appointment.
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1 (e) Expenses.--The members of the board shall serve without
2 compensation but shall be reimbursed the necessary and actual
3 expenses incurred in attending the meetings of the board and in
4 the performance of their duties under this act.
5 (f) Removal.--Members of the board, other than the Attorney
6 General, may be removed by the Governor for good cause upon
7 written notice from the Governor specifically setting forth the
8 cause for removal.
9 (g) Chairman.--The members of the board shall elect a
10 chairman from among the members to serve for a period of one
11 year. A chairman may be elected to serve successive terms. The
12 Governor shall designate the first chairman for organizational
13 purposes only.
14 (h) Meetings and quorum.--The chairman shall summon the
15 members of the board to the first meeting within 120 days of the
16 effective date of this act. The board shall meet at least four
17 times each year. Special meetings may be called by the chairman
18 of the board or upon written request of three members. A quorum
19 shall consist of five members.
20 Section 4. Powers and duties of the board. <--
21 The board, with the review and approval of the commission,
22 shall:
23 (1) Establish, implement and administer the Deputy
24 Sheriffs' Education and Training Program according to the
25 minimum requirements set forth in this act.
26 (2) Establish, implement and administer requirements for
27 the minimum courses of study and training for deputy
28 sheriffs. Deputy sheriffs who have successfully completed a
29 course of study equivalent to that set out in the Municipal
30 Police Officers' Education and Training Program, at a school
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1 certified by the Municipal Police Officers' Education and
2 Training Commission for providing such training, shall be
3 deemed to have satisfied 120 of the 160 hours required as the
4 minimum course of study and training.
5 (3) Establish, implement and administer requirements for
6 courses of study and in-service training for deputy sheriffs
7 appointed prior to the effective date of this act.
8 (4) Establish, implement and administer requirements for
9 a continuing education program for all deputy sheriffs
10 concerning subjects the board may deem necessary and
11 appropriate for the continued education and training of
12 deputy sheriffs.
13 (5) Approve or revoke the approval of any school which
14 may be utilized to comply with the educational and training
15 requirements of this act. In all cases where the sheriff of
16 the county chooses to have his deputies receive the municipal
17 police officers' basic training in lieu of the deputy
18 sheriffs' basic training, any school which has been approved
19 for providing basic police training by the Municipal Police
20 Officers' Education and Training Commission shall be deemed
21 to have satisfied the requirements of this paragraph.
22 (6) Establish the minimum qualifications for instructors
23 and certify instructors. In all cases where the sheriff of
24 the county chooses to have his deputies receive the municipal
25 police officers' basic training in lieu of the deputy
26 sheriffs' basic training, any instructor who has been
27 certified by the Municipal Police Officers' Education and
28 Training Commission shall be deemed to have satisfied the
29 requirements of this paragraph.
30 (7) Consult and cooperate with universities, colleges,
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1 law schools, community colleges and institutes for the
2 development of specialized courses for deputy sheriffs.
3 (8) Promote the most efficient and economical program
4 for deputy sheriff training by utilizing existing facilities,
5 programs and qualified State and local personnel.
6 (9) Certify deputy sheriffs who have satisfactorily
7 completed the basic education and training requirements of
8 this act and issue appropriate numbered certificates to them.
9 (10) Make rules and regulations and perform other duties
10 as may be reasonably necessary or appropriate to administer
11 the education and training program for deputy sheriffs.
12 (11) Make an annual report to the Governor and to the
13 General Assembly concerning:
14 (i) The administration of the Deputy Sheriffs'
15 Education and Training Program.
16 (ii) The activities of the board.
17 (iii) The costs of the program.
18 Section 5. Training program.
19 The Deputy Sheriffs' Education and Training Program shall
20 include appropriate training for a total of 160 hours which
21 content shall be determined by regulation. In all cases where
22 the sheriff of the county chooses to have his deputies receive
23 the municipal police officers' basic training in lieu of the
24 deputy sheriffs' basic training, such training shall be deemed
25 to have satisfied 120 of the 160 hours required by this section.
26 Section 2. Sections 7 and 8 of the act are amended by adding
27 subsections to read:
28 Section 7. Training requirement.
29 * * *
30 (a.1) Diploma.--No person shall be employed or appointed as
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1 a deputy sheriff unless the person is a high school graduate or
2 has received a secondary school diploma on the basis of general
3 education development (GED).
4 * * *
5 Section 8. Deputy Sheriffs' Education and Training Account.
6 * * *
7 (b.1) Surcharge in counties of first and second class.--In
8 counties of the first and second class, a $2.25 surcharge shall
9 be collected by the prothonotary of that county for each
10 defendant named in a document filed to commence an action
11 pursuant to Pa.R.C.P. No.1007, except when service is made by a
12 competent adult in the actions listed in Pa.R.C.P. Nos.400(b)
13 and 400.1(c). Ten percent of the surcharge shall be retained by
14 the prothonotary to cover administrative costs incurred by
15 collecting the surcharge and to support any technology and
16 automation improvements or upgrades for the prothonotary, and
17 the balance shall be transmitted semiannually to the State
18 Treasurer for deposit into the account.
19 * * *
20 Section 3. The amendment of section 7 of the act shall apply
21 to all deputy sheriffs employed or appointed on or after the
22 effective date of this act.
23 Section 4. All acts and parts of acts are repealed insofar
24 as they are inconsistent with this act.
25 Section 5. This act shall take effect as follows:
26 (1) The addition of section 8(b.1) of the act shall take
27 effect in 60 days.
28 (2) The remainder of this act shall take effect
29 immediately.
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