PRIOR PRINTER'S NO. 1117
PRINTER'S NO. 2952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FLECK, BENNINGHOFF, BROOKS, D. COSTA, GIBBONS, GINGRICH, GOODMAN, HALUSKA, HARKINS, C. HARRIS, HESS, W. KELLER, KORTZ, MATZIE, MILLARD, MURT, READSHAW, REED, SWANGER, TAYLOR, EVERETT AND DONATUCCI, MARCH 12, 2013
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 29, 2014
1Establishing <-a bill of rights for correctional officers during
2certain investigations <-guidelines and procedures governing
3certain investigations of correctional officers by the
4Department of Corrections; authorizing certain civil suits by
5correctional officers; and providing for impact of collective
6bargaining agreements and for summary suspensions.
9Section 1. Short title.
12Section 2. Legislative intent.
13It is the intent of the General Assembly to <-provide standards
14to protect the rights <-establish guidelines and procedures
15governing the investigation of correctional officers during
16certain investigations by the Department of Corrections.
17Section 3. Definitions.
18The following words and phrases when used in this act shall
8Section 4. Rights of correctional officers.
12(1) The interrogation shall be conducted after not less
13than 24 hours' notice and shall occur when the correctional
14officer is on duty, unless the seriousness of the
15investigation is such that an immediate investigation is
16necessary. The correctional officer may not be terminated
17from employment or disciplined for any work missed because of
21(i) The office of the investigating officer.
3(4) The correctional officer under interrogation shall
4be informed in writing of the nature of the complaint and
5provided with the name or names of the complainant not less
6than 24 hours prior to the interrogation.
7(5) If an anonymous or unsworn complaint is made against
8a correctional officer and no corroborative evidence is
9obtained within the applicable statute of limitations for the
10analogous criminal offense, the complaint shall be classified
11as unfounded and shall be completely expunged from any
12personnel file of the correctional officer maintained by the
19(8) The complete interrogation shall be recorded,
20including any recess periods. A copy of the record shall be
21made available to the correctional officer or the
22correctional officer's counsel or representative, upon
23request, without cost.
24(9) If the correctional officer is under arrest at the
25time of the interrogation, the correctional officer shall be
26completely informed of the correctional officer's
27constitutional rights and all rights under the law prior to
28the commencement of the interrogation.
1representative. To the extent that the correctional officer
2is represented for purposes of collective bargaining by a
3collective bargaining representative pursuant to State law,
4the correctional officer shall also have the right to have an
5agent from the exclusive collective bargaining representative
7(11) Prompt action shall be required as follows:
8(i) Except as provided under subparagraph (ii), when
9a complaint is made against a correctional officer more
10than 90 days after the applicable statute of limitations
11has expired for the civil wrong alleged, the complaint
12shall be classified as unfounded and shall be completely
13expunged from any personnel file of the correctional
14officer maintained by the department.
15(ii) Notwithstanding paragraph (i), no complaint
16that alleges conduct that would constitute a misdemeanor
17or felony offense, if proven, may be classified as
18unfounded or expunged as a stale complaint until the
19applicable statute of limitations expires as prescribed
20under 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
22(12) No correctional officer may be compelled to submit
23to a polygraph examination. No disciplinary action or other
24recrimination may be taken against a correctional officer for
25refusing to submit to a polygraph examination. No testimony
26or evidence may be admissible at a subsequent hearing, trial
27or proceeding, judicial or administrative, to the effect that
28the correctional officer refused to take a polygraph
30(13) No correctional officer may be subjected to or
4(14) No correctional officer may be required to disclose
5greater information as to property, income, assets, source of
6income, debts or personal or domestic expenditures, including
7those of any member of the correctional officer's family or
8household, than the principal elected officials of the
9department are required to disclose, unless the information
10is obtained under proper legal procedures.
11(b) Routine, informed or unplanned interrogation or
12contact.--This section shall not apply to any interrogation of a
13correctional officer in the normal course of duty, counseling,
14instruction, informal verbal admonishment or other routine or
15unplanned contact with a supervisor or any other officer.
16Section 5. Civil suits by correctional officers.
17A correctional officer shall have a cause of action against a
18person for damages suffered as a result of a complaint filed
19against the correctional officer by that person that is found to
20be any of the following:
21(1) Without merit and frivolous.
22(2) Without merit and made in bad faith.
23Section 6. Impact of collective bargaining agreements.
24Nothing in this act may be construed to diminish the
25obligation of the department to comply with a collective
26bargaining agreement that provides greater rights and coverage
27to correctional officers than the rights and coverage provided
28by this act. The rights and coverage under this act may not be
29diminished by any collective bargaining agreement.
30Section 7. <-Summary suspensions Suspensions.
<-1(a) Emergency suspension.--Emergency suspension of a
2correctional officer may be imposed by the department if the
3particular and unique circumstances of the situation dictate
4that the action is necessary to protect the public interest or
5the effective functioning of the department. A correctional
6officer who is subjected to emergency suspension may be relieved
7of duty, provided that the correctional officer receives all
8ordinary pay and benefits as if the correctional officer were
<-10(a) General rule.--Suspension of a correctional officer
11shall be in accordance with provisions of the act of August 5,
121941 (P.L.752, No.286), known as the Civil Service Act, except
22(b) Criminal charges.--A correctional officer against whom a
23criminal proceeding involving a misdemeanor or felony offense
24has been instituted may be suspended without pay pending
25disposition of the criminal charges. Medical benefits and
26insurance to which a correctional officer and spouse and
27dependents are entitled by virtue of employment may not be
28suspended until conviction or separation of the correctional
29officer from the department. If the correctional officer is
30acquitted of the criminal charges, the correctional officer
3Section 8. Effective date.
4This act shall take effect in 60 days.