PRINTER'S NO. 394
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
356
Session of
2015
INTRODUCED BY READSHAW, D. COSTA, KORTZ, KOTIK, BROWNLEE,
V. BROWN, THOMAS, DEASY, COHEN, MURT AND KIRKLAND,
FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2015
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal police education and
training, further providing for definitions, for police
training, for automatic certification and for reimbursement
of expenses.
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, amended March 14, 2014 (P.L.38, No.18),
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
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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 county park police force under section 2511(b) of
the act of August 9, 1955 (P.L.323, No.130), known as The
County Code.
(8) 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.
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(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 county park police officer.
(5) 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:
(1) has been granted powers under section 778(c)(2) or
(3) of the Public School Code;
(2) has been authorized to carry a firearm; or
(3) any combination of paragraphs (1) and (2).
* * *
Section 2. Sections 2167 and 2168 of Title 53 are amended by
adding subsections to read:
§ 2167. Police training.
* * *
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(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
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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
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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.
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