AN ACT

 

1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, further providing for municipal police
3education and training.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  The definitions of "police department" and
7"police officer" in section 2162 of Title 53 of the Pennsylvania
8Consolidated Statutes are amended and the section is amended by
9adding definitions to read:

10§ 2162.  Definitions.

11The following words and phrases when used in this subchapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14* * *

15"Police department."  Any of the following:

16(1)  A public agency of a political subdivision having 
17general police powers and charged with making arrests in 
18connection with the enforcement of the criminal or traffic 

1laws. This paragraph includes the sheriff's office in a 
2county of the second class.

3(2)  A campus police or university police department, as
4used in section 2416 of the act of April 9, 1929 (P.L.177,
5No.175), known as The Administrative Code of 1929, certified
6by the Office of Attorney General as a criminal justice
7agency under the definition of "criminal justice agency" in
818 Pa.C.S. § 9102 (relating to definitions). This paragraph
9does not include a campus police or university police
10department of the State System of Higher Education and its
11member institutions.

12(3)  A railroad or street railway police department
13formed with officers commissioned under 22 Pa.C.S. Ch. 33
14(relating to railroad and street railway police) or any prior
15statute providing for such commissioning.

16(4)  The Capitol Police.

17(5)  The Harrisburg International Airport Police.

18(6)  An airport authority police department.

19(7)  A school police department.

20"Police officer."  Any of the following:

21(1)  A full-time or part-time employee assigned to
22criminal or traffic law enforcement duties of any of the
23following:

24(i)  A police department of a county, city, borough,
25town or township.

26(ii)  Any railroad or street railway police.

27(iii)  Any campus or university police department.

28(iv)  The Capitol Police.

29(v)  The Harrisburg International Airport Police.

30(vi)  An airport authority police department.

1(2)  A deputy sheriff of a county of the second class.

2(3)  A security officer of a first class city housing
3authority or a police officer of a second class city housing
4authority.

5(4)  A school police officer.

6The term excludes persons employed to check parking meters or to
7perform only administrative duties and auxiliary and fire
8police.

9* * *

10"School police department."  A law enforcement agency 
11employed by any school district that has appointed school police 
12officers, as provided by section 778(a) of the act of March 10, 
131949 (P.L.30, No.14), known as the Public School Code of 1949.

14"School police officer."  An officer employed by a school 
15district who:

16(1)  has been granted powers under section 778(c)(2) or 
17(3) of the act of March 10, 1949 (P.L.30, No.14), known as 
18the Public School Code of 1949;

19(2)  has been authorized to carry a firearm; or

20(3)  any combination of paragraphs (1) and (2).

21* * *

22Section 2.  Sections 2167 and 2168 of Title 53 are amended by
23adding subsections to read:

24§ 2167.  Police training.

25* * *

26(a.1)  School police officers.--All school districts of this
27Commonwealth shall be required to train their school police
28officers under this subchapter prior to their enforcing criminal
29laws or enforcing moving traffic violations under 75 Pa.C.S.
30(relating to vehicles).

1* * *

2§ 2168.  Automatic certification.

3* * *

4(e)  School police officers.--Any school police officer who,
5as of the effective date of this subsection, has successfully
6completed a basic training course similar to that required under
7this subchapter shall, after review by the commission, be
8certified as having met the basic training requirements of this
9subchapter. Any school police officer who, as of the effective
10date of this subsection, has not successfully completed a basic
11training course similar to that required under this subchapter
12which qualifies the police officer for certification shall be
13able to perform the duties of a school police officer until
14certified by the commission, but no longer than two years from
15the effective date of this subsection.

16Section 3.  Section 2170(a), (c) and (d) of Title 53 are
17amended to read:

18§ 2170.  Reimbursement of expenses.

19(a)  General rule.--The commission shall provide for
20reimbursement to each municipality and school district of the
21entire amount of the allowable tuition and the ordinary and
22necessary living and travel expenses incurred by their police
23officers while attending certified municipal police basic
24training schools if the municipality [adheres] and school 
25district adhere to the training standards established by the
26commission. The regular salary of police officers while
27attending approved schools shall be paid by the employing
28municipality or school district, as applicable. The commission
29shall reimburse the employing municipality or school district
30for 60% of the regular salaries of police officers while

1attending schools approved under this subchapter. The commission
2shall require written documentation of all expenses incurred by
3municipalities or school districts relating to the training of
4[municipal] police officers for the purposes of reimbursement by
5the commission. All municipalities and school districts shall
6annually audit these funds as part of their annual audit and
7submit a copy of the audit to the commission. Failure to perform
8the audit and submit a copy of it to the commission shall render
9the municipality or school district in violation of this
10subchapter.

11* * *

12(c)  Application for funding.--All municipalities and school 
13districts of this Commonwealth or groups of municipalities and 
14school districts acting in concert may make application to the
15commission for funding pursuant to the provisions of this
16subchapter. The application shall be accompanied by a certified
17copy of a resolution adopted by its governing body. The
18resolution shall provide that, while receiving any State funds
19pursuant to this subchapter, the municipality or school district
20agrees to adhere to the standards for training established by
21the commission. The application shall contain any information
22that the commission requests.

23(d)  Subsequent employment with another municipality or 
24school district.--If a police officer, within two years
25following certification, terminates his employment with the
26municipality or school district by which the officer was
27employed at the time he was certified as having met the
28commission's requirement and subsequently obtains employment as
29a police officer with another municipality or school district,
30the municipality or school district which employs the previously

1certified police officer shall reimburse the municipality or 
2school district which formerly employed the police officer for
3the nonreimbursable portion of the salary paid to the police
4officer while complying with the provisions of this subchapter.

5* * *

6Section 4.  This act shall take effect in one year.