AN ACT

 

1Amending Title 22 (Detectives and Private Police) of the
2Pennsylvania Consolidated Statutes, in private police,
3providing for appointment by nonprofit educational
4corporations.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 22 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 502. Appointment by nonprofit educational corporations.

10(a) Appointment authorized.--

11(1) A nonprofit educational corporation maintaining any
12buildings or grounds in furtherance of higher education may
13apply to the court of common pleas of the county of the
14registered office of the corporation for the appointment of
15such persons as the corporation may designate to act as
16police officer for the corporation. A nonprofit educational
17corporation operating with locations in more than one county
18in this Commonwealth must apply for appointment of police

1officers within the jurisdiction where additional locations
2exist.

3(2) The court, upon review of an application submitted
4under paragraph (1), may by order appoint such persons as it
5may deem proper and necessary to be police officers.

6(b) Oath of office.--

7(1) Police officers appointed under subsection (a)
8shall, before entering upon the duties of their office, take
9and subscribe the oath required by Article VI of the
10Constitution of Pennsylvania.

11(2) Evidence of the oath, together with the decree and
12order of the court, shall be recorded by the recorder of
13deeds of each county in which it is intended that the police
14officers are authorized to act.

15(c) Powers.--A police officer appointed under subsection (a)
16shall:

17(1) Possess and exercise all the powers of a police
18officer in this Commonwealth, in and upon, and adjacent to
19the property of the nonprofit educational corporation, not to
20exceed 500 yards unless otherwise defined.

21(2) Possess and exercise all the powers of a police
22officer in any county in which the police officer may be
23directed by the nonprofit educational corporation to act, and
24may arrest persons for a crime or offense occurring within
25the police officer's jurisdiction, including 75 Pa.C.S
26(relating to vehicles).

27(3) When on duty, wear a metallic shield that includes
28the name of the nonprofit educational corporation that
29appointed the police officer. Police officers so appointed
30for a college or university shall be referred to as "campus

1police" or "campus police officers" and shall exercise their
2powers and perform their duties only upon successful
3completion of training outlined in 53 Pa.C.S. Ch. 21 Subch. D
4(relating to municipal police education and training).

5(d) Duty to receive persons arrested.--The officials and
6administrators of county correctional institutions and other
7places of detention in any county of this Commonwealth shall
8receive all persons arrested by police officers appointed under
9subsection (a) for purposes of detention until the persons are
10dealt with according to law.

11(e) Limited immunity.--Police officers in the performance of
12their duties under this section shall possess the same
13protections and immunities as afforded to all other police
14officers under 53 Pa.C.S. Ch. 21 Subch. D.

15(f) Criminal justice agency.--A campus police department of
16a college or university shall be considered a "criminal justice
17agency" under 18 Pa.C.S. § 9102 (relating to definitions) only
18after all sworn members have completed training as defined by 53
19Pa.C.S. Ch. 21 Subch. D or other recognized Commission on Peace
20Officer Standards and Training certified academy.

21(g) Certification.--

22(1) A campus police department of a college or
23university and recognized as a "criminal justice agency"
24under 18 Pa.C.S. § 9102 shall be eligible to obtain
25certification from the Municipal Police Officers' Education
26and Training Commission.

27(2) Officers currently employed by a department
28established under this section who have received
29certification from the commission prior to employment by the
30department or any officer who received qualified training to

1serve as a law enforcement officer shall be deemed acceptable
2for all current commission certification upon completion of
3necessary paperwork or written examination.

4(h) Reimbursement for expenses.--All campus police
5departments constituted and maintained by a nonprofit
6educational corporation shall pay for the expenses of all
7personnel attending training as provided by 53 Pa.C.S. § 2170
8(relating to reimbursement of expenses), including basic academy
9and mandatory in-service training.

10(i) Mutual aid.--

11(1) A campus police department located within a
12municipality may enter into a mutual aid agreement in which
13the campus police department, at the request of the mayor or
14other executive authority and under the direction of the
15local law enforcement authorities, may exercise those powers
16and perform those duties conferred pursuant to this section
17within the municipality for the limited purpose of aiding
18local authorities in emergency situations.

19(2) When acting under such agreement, a campus police
20officer shall be acting within the scope of the authority of
2142 Pa.C.S. Ch. 89 Subch. D (relating to municipal police
22jurisdiction) and is, at all times, entitled to all the
23rights and benefits accruing under that law.

24(j) Compensation.--The compensation of a police officer
25shall be paid by the nonprofit educational corporation for which
26the police officer is appointed, as may be agreed upon between
27the nonprofit educational corporation and the police officer.

28(k) Termination of appointment.--

29(1) When a nonprofit educational corporation no longer
30requires the services of a police officer, it shall file a

1notice to that effect, under its corporate seal, in the
2office of each recorder of deeds where the court decree and
3order of appointment of the police officer were recorded.

4(2) The recorder of deeds shall note this information on
5the margin of the record where the court decree and order
6were recorded, and as of the date of the notation the powers
7of the police officer shall terminate.

8(3) The recorder of deeds shall notify the clerk of the
9court by which the police officer was appointed of the
10termination of the appointment in the county.

11(l) Applicability.--

12(1) In order to maintain certification and recognition
13of authority under this section, all existing campus police
14departments shall satisfy all requirements of this section by
15July 1, 2014.

16(2) All new requests for recognition under this section
17must satisfy all requirements prior to making application to
18the court of common pleas.

19(m) Construction.--Nothing in this section may be construed
20as requiring private colleges and universities to utilize campus
21security. However, existing campus police that are not appointed
22under subsection (a) shall remain designated as security, and
23the campus police department in which they are employed shall be
24prohibited from retaining or obtaining any confidential or law-
25enforcement-only criminal justice information, database access
26from any source, internal or external, and may not obtain
27membership on committees or boards established with access to
28that information.

29(n) Definitions.--As used in this section, the following
30words and phrases shall have the meanings given to them in this

1subsection unless the context clearly indicates otherwise:

2"Certification." The assignment of a certification number to
3a campus police officer after successful completion of a
4mandatory basic training course or receipt of a waiver of basic
5training from the Municipal Police Officers' Education and
6Training Commission and successful completion of mandatory in-
7service training.

8"College." A college that has a campus police department, as
9used in section 2416 of the act of April 9, 1929 (P.L.177,
10No.175), known as The Administrative Code of 1929, certified by
11the Office of Attorney General as a criminal justice agency
12under the definition of "criminal justice agency" in 18 Pa.C.S.
13§ 9102 (relating to definitions).

14"Commission." The Municipal Police Officers' Education and
15Training Commission.

16"Nonprofit educational corporation." An accredited, not-for-
17profit, private college or university in this Commonwealth as
18recognized by the Department of Education of the Commonwealth.

19"Police department." Any of the following:

20(1) A public agency of a political subdivision having
21general police powers and charged with making arrests in
22connection with the enforcement of the criminal or traffic
23laws. This paragraph includes the sheriff's office in a
24county of the second class.

25(2) A campus police or university police department, as
26the term is used in section 2416 of the act of April 9, 1929
27(P.L.177, No.175), known as The Administrative Code of 1929,
28certified by the Office of Attorney General as a criminal
29justice agency under the definition of "criminal justice
30agency" in 18 Pa.C.S. § 9102 (relating to definitions). This

1paragraph does not include a campus police or university
2police department of the State System of Higher Education and
3its member institutions.

4(3) A railroad or street railway police department
5formed with officers commissioned under Chapter 33 (relating
6to railroad and street railway police) or any prior statute
7providing for such commissioning.

8(4) The Capitol Police.

9(5) The Harrisburg International Airport Police.

10(6) An airport authority police department.

11Section 2. This act shall take effect in 60 days.