THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GRUCELA, BELFANTI, BEYER, BRENNAN, D. COSTA, CREIGHTON, DALLY, DERMODY, FABRIZIO, FREEMAN, GALLOWAY, HALUSKA, HARHAI, HARKINS, HESS, HORNAMAN, KOTIK, MAHONEY, MANN, MURPHY, MURT, READSHAW AND J. TAYLOR, MAY 26, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MAY 26, 2009  

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, further providing for municipal police

education and training.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "police department" and

"police officer" in section 2162 of Title 53 of the Pennsylvania

Consolidated Statutes are 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:

* * *

"Police department."  Any of the following:

(1)  A public agency of a political subdivision having

general police powers and charged with making arrests in

connection with the enforcement of the criminal or traffic

laws. This paragraph includes the sheriff's office in a

county of the second class.

(2)  A campus police or university police department, as

used in section 2416 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, certified

by the Office of Attorney General as a criminal justice

agency under the definition of "criminal justice agency" in

18 Pa.C.S. § 9102 (relating to definitions). This paragraph

does not include a campus police or university police

department of the State System of Higher Education and its

member institutions.

(3)  A railroad or street railway police department

formed with officers commissioned under 22 Pa.C.S. Ch. 33

(relating to railroad and street railway police) or any prior

statute providing for such commissioning.

(4)  The Capitol Police.

(5)  The Harrisburg International Airport Police.

(6)  An airport authority police department.

(7)  A school police department.

"Police officer."  Any of the following:

(1)  A full-time or part-time employee assigned to

criminal or traffic law enforcement duties of any of the

following:

(i)  A police department of a county, city, borough,

town or township.

(ii)  Any railroad or street railway police.

(iii)  Any campus or university police department.

(iv)  The Capitol Police.

(v)  The Harrisburg International Airport Police.

(vi)  An airport authority police department.

(2)  A deputy sheriff of a county of the second class.

(3)  A security officer of a first class city housing

authority or a police officer of a second class city housing

authority.

(4)  A school police officer.

The term excludes persons employed to check parking meters or to

perform only administrative duties and auxiliary and fire

police.

* * *

"School police department."  A law enforcement agency

employed by any school district that has appointed school police

officers, as provided by section 778(a) of the act of March 10,

1949 (P.L.30, No.14), known as the Public School Code of 1949.

"School police officer."  An officer employed by a school

district who has been granted powers under section 778(c)(2) or

(3) of the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949, or who has been authorized to carry

a firearm, or any combination thereof.

* * *

Section 2.  Sections 2167 and 2168 of Title 53 are amended by

adding subsections to read:

§ 2167.  Police training.

* * *

(a.1)  School police officers.--All school districts of this

Commonwealth shall be required to train their school police

officers under this subchapter prior to their enforcing criminal

laws or enforcing moving traffic violations under 75 Pa.C.S. 

(relating to vehicles).

* * *

§ 2168.  Automatic certification.

* * *

(e)  School police officers.--Any school police officer who,

as of the effective date of this subsection, has successfully

completed a basic training course similar to that required under

this subchapter shall, after review by the commission, be

certified as having met the basic training requirements of this

subchapter. Any school police officer who, as of the effective

date of this subsection, has not successfully completed a basic

training course similar to that required under this subchapter

which qualifies the police officer for certification shall be

able to perform the duties of a school police officer until

certified by the commission, but no longer than two years from

the effective date of this subsection.

Section 3.  Section 2170(a), (c) and (d) of Title 53 are

amended to read:

§ 2170.  Reimbursement of expenses.

(a)  General rule.--The commission shall provide for

reimbursement to each municipality and school district of the

entire amount of the allowable tuition and the ordinary and

necessary living and travel expenses incurred by their police

officers while attending certified municipal police basic

training schools if the municipality [adheres] and school

district adhere to the training standards established by the

commission. The regular salary of police officers while

attending approved schools shall be paid by the employing

municipality or school district, as applicable. The commission

shall reimburse the employing municipality or school district 

for 60% of the regular salaries of police officers while

attending schools approved under this subchapter. The commission

shall require written documentation of all expenses incurred by

municipalities or school districts relating to the training of

[municipal] police officers for the purposes of reimbursement by

the commission. All municipalities and school districts shall

annually audit these funds as part of their annual audit and

submit a copy of the audit to the commission. Failure to perform

the audit and submit a copy of it to the commission shall render

the municipality or school district in violation of this

subchapter.

* * *

(c)  Application for funding.--All municipalities and school

districts of this Commonwealth or groups of municipalities and

school districts acting in concert may make application to the

commission for funding pursuant to the provisions of this

subchapter. The application shall be accompanied by a certified

copy of a resolution adopted by its governing body. The

resolution shall provide that, while receiving any State funds

pursuant to this subchapter, the municipality or school district 

agrees to adhere to the standards for training established by

the commission. The application shall contain any information

that the commission requests.

(d)  Subsequent employment with another municipality or

school district.--If a police officer, within two years

following certification, terminates his employment with the

municipality or school district by which the officer was

employed at the time he was certified as having met the

commission's requirement and subsequently obtains employment as

a police officer with another municipality or school district,

the municipality or school district which employs the previously

certified police officer shall reimburse the municipality or

school district which formerly employed the police officer for

the nonreimbursable portion of the salary paid to the police

officer while complying with the provisions of this subchapter.

* * *

Section 4.  This act shall take effect in one year.