Regular Session 2015-2016 House Bill 0733 P.N. 0867

PRINTER'S NO. 867

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

733

Session of

2015

INTRODUCED BY MAHONEY, JAMES, TALLMAN, HARKINS, MILLARD,

V. BROWN, KAUFFMAN, COHEN, A. HARRIS, RAPP AND ROZZI,

MARCH 6, 2015

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2015

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

Judicial Procedure) and 53 (Municipalities Generally) of the

Pennsylvania Consolidated Statutes, in general provisions,

further defining "police officer"; in municipal police

jurisdiction, further defining "chief law enforcement

officer" and "municipal police officer"; further providing

for noncompliance with mandatory certification requirements;

in employees, making an editorial change; providing for

county sheriffs and deputy sheriffs; in municipal police

education and training, further defining "police officer";

further providing for members of the Municipal Police

Officers' Education and Training Commission; and repealing

inconsistent provisions of the Second Class County Code.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "police officer" in section 103

of Title 18 of the Pennsylvania Consolidated Statutes is amended

to read:

§ 103. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this part, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Police officer." The term shall include the sheriff of a

county of the first class, second class, second class A, third

class, fourth class, fifth class, sixth class, seventh class or

eighth class and a deputy [sheriffs] sheriff of a county of the

first class, second class, second class A, third class, fourth

class, fifth class, sixth class, seventh class or eighth class

who have successfully completed the requirements under [the act

of June 18, 1974 (P.L.359, No.120), referred to as the Municipal

Police Education and Training Law] 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training) or the act

of February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs'

Education and Training Act.

* * *

Section 2. The definitions of "chief law enforcement

officer" and "municipal police officer" in section 8951 of Title

42 are amended to read:

§ 8951. Definitions.

The following words and phrases when used in this subchapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Chief law enforcement officer." The head of a duly

constituted municipal law enforcement agency which regularly

provides primary police services to a political subdivision or,

in the absence of any such municipal law enforcement agency, the

commanding officer of the Pennsylvania State Police installation

which regularly provides primary police services to the

political subdivision or, in the case of any occurrence or event

that takes place on real property owned or leased by a county

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government, including, but not limited to, a county correctional

facility, courthouse or park, the sheriff of the county.

"Municipal police officer." Any natural person who is

properly employed by a municipality, including a home rule

municipality, as a regular full-time or part-time police officer

or a certified sheriff or deputy sheriff.

* * *

Section 3. Section 8954 of Title 42 is amended to read:

§ 8954. Noncompliance with mandatory certification

requirements.

Any person employed as a municipal police officer who is

subject to the mandatory certification requirements of the

training law and fails to obtain the required certification from

the Commissioner of the Pennsylvania State Police or the

executive director of the Pennsylvania Commission on Crime and

Delinquency within the time limits provided by law shall cease

to be empowered or authorized to function as a municipal police

officer for any purpose whatsoever.

Section 4. Subchapter A heading of Chapter 21 of Title 53 is

amended to read:

Subchapter A

[(Reserved)]

COUNTY OFFICERS AND EMPLOYEES

Section 5. Title 53 is amended by adding sections to read:

§ 2111. Office of sheriff.

(a) Qualifications.--On or after January 1, 2016, a person

shall not be eligible to be a candidate for the office of

sheriff and a person shall not be elected or appointed to the

office of sheriff unless that person meets the following

qualifications:

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(1) Is a citizen of the United States.

(2) Has been a resident of the county for at least one

year.

(3) Has not been convicted of an offense graded higher

than a misdemeanor of the third degree.

(4) Is at least 18 years of age.

(b) Educational requirements.--

(1) Except as otherwise provided in this subchapter, any

person first elected to the office of sheriff on or after

January 1, 2015, shall have completed a recognized law

enforcement management/administration program, including, but

not limited to, the National Sheriffs' Institute training

course. In the event the individual elected as sheriff has

not completed the National Sheriffs' Institute's or a similar

course, the individual shall within the first term of office

successfully complete the National Sheriffs' Institute

training course administered by the National Sheriffs'

Association.

(2) (i) A sheriff who has successfully completed

training under Subchapter D (relating to municipal police

education and training) or the act of February 9, 1984

(P.L.3, No.2), known as the Deputy Sheriffs' Education

and Training Act, or Pennsylvania State Police training

shall be eligible to perform all duties authorized by

law.

(ii) A sheriff who has not completed training in

accordance with this section shall serve in an

administrative capacity and be eligible only to complete

administrative functions unless or until such training is

completed. A sheriff who completes administrative

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functions and serves in an administrative capacity shall

only provide administrative functions, including, but not

limited to, planning, organizing, staffing and directing

of the office of sheriff, and may not perform law

enforcement functions as authorized by law.

§ 2112. Deputies and clerks.

(a) General rule.--The sheriff of each county may appoint

such deputies and clerks as may be necessary to properly

transact business of the office. The sheriff may hire, discharge

and supervise the deputies and clerks in accordance with law.

The number of deputies and clerks shall be determined by the

county salary board.

(b) Educational requirements.--A deputy appointed on or

after January 1, 2015, shall have successfully completed the

standards and training in accordance with Subchapter D (relating

to municipal police education and training) or the act of

February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs'

Education and Training Act, if they are substantially equal to

the standards and training under Subchapter D.

sheriff utilizing the same process as the county district

attorney for the employment of county detectives.

(d) Rights.--Except where prohibited by law, deputy sheriffs

shall be subject to the act of July 23, 1970 (P.L.563, No.195),

known as the Public Employe Relations Act, in the same manner

and receive the same rights as units of guards at prisons or

mental hospitals or units of employees directly involved with

and necessary to the function of the courts in this

Commonwealth. The rights shall include, but not be limited to,

the right to a separate homogeneous bargaining unit.

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§ 2113. Powers and duties of sheriff and deputy sheriff.

(a) General rule.--A sheriff and deputy sheriff shall

perform and possess all authority and powers to perform all

duties required of a police officer, sheriff or deputy sheriff

or law enforcement official in accordance with the following:

(1) The act of May 15, 1939 (P.L.134, No.65), referred

to as the Fireworks Law, as to removal at the expense of the

owner of all stocks of consumer fireworks or the display of

fireworks or combustibles sold or stored in violation of that

act.

(2) The act of July 10, 1981 (P.L.214, No.67), known as

the Bingo Law, as to enforcement.

(3) The act of February 24, 1984 (P.L.92, No.17),

referred to as the Precious Metal Sale Regulation Law, as to

dealer licensing.

(4) The provisions of 3 Pa.C.S. Ch. 23 (relating to

domestic animals) relating to conducting investigations.

(5) The provisions of 18 Pa.C.S. (relating to crimes and

offenses).

(6) The provisions of 18 Pa.C.S. Ch. 61 (relating to

firearms and other dangerous articles) relating to issuing

firearms licenses and investigating and enforcing the laws

relating to violations and performing all duties.

(7) The provisions of 23 Pa.C.S. Ch. 61 (relating to

protection from abuse) relating to arrests and performing all

duties required of the sheriff by that chapter.

(8) The provisions of 75 Pa.C.S. (relating to vehicles).

(9) Any other law relating to the seizure of guns used

or possessed in violation of the laws of this Commonwealth.

(b) Execution of process, writs and orders.--The sheriff

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shall either personally or by deputy, execute all process, writs

and orders issued or made by lawful authority and delivered to

the sheriff.

(1) The sheriff shall have primary jurisdiction within

all courthouses of the county and other county-owned or

county-leased buildings, properties and facilities, including

properties owned or leased by county agencies and, as such,

shall enforce good order in county courthouses or other

grounds and buildings owned or leased by the county or within

500 feet of county-owned or county-leased property and upon

the sidewalks, roads, streets and parking areas within such

area.

(2) The sheriff shall safeguard and have law

enforcement, investigation and arrest authority in county

courthouses, in county-owned or county-leased buildings and

with respect to all other county or county agency property.

(d) School resource officers.--A sheriff may serve as a

school resource officer.

(e) Assistance to other law enforcement officials.--A

sheriff may assist the Attorney General of the Commonwealth, the

county district attorney and other law enforcement officials in

the enforcement of the laws of this Commonwealth, including, but

not limited to, participation in the following:

(1) Terrorism task forces.

(2) Attorney General or District Attorney drug task

forces.

(3) Joint task forces in association with other Federal,

State and local law enforcement agencies.

(f) Search and rescue operations.--A sheriff may search and

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rescue persons who are lost or are in danger of their lives

within or in the immediate vicinity of the county.

(g) Municipal police powers.--A sheriff may exercise the

authority and power provided to municipal police officers by 42

Pa.C.S. Ch. 89 Subch. D (relating to municipal police

jurisdiction).

(h) Cooperative agreements.--A sheriff may enter into

cooperative law enforcement police service agreements under 42

Pa.C.S. § 8953(e) (relating to Statewide municipal police

jurisdiction) with other municipalities for purposes of,

including, but not limited to, describing conditions of mutual

aid, assigning liability and determining appropriate costs of

these cooperative efforts with the approval of the board of

county commissioners or the county council in home rule

counties.

(i) Other duties.--A sheriff shall perform all other duties

required of the sheriff by law or lawfully by a court of this

Commonwealth.

§ 2114. Construction.

Nothing in this subchapter shall be construed to abolish or

supplant an existing police department or law enforcement agency

or eliminate, supplant, reduce or displace the employment of any

municipal police chief or officer.

Section 6. The definition of "police officer" in section

2162 of Title 53 is amended 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:

* * *

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"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 county park police officer.

The term excludes persons employed to check parking meters or to

perform only administrative duties and auxiliary and fire

police.

* * *

Section 7. Section 2163(a)(3) of Title 53 is amended to

read:

§ 2163. Commission members.

(a) Selection.--The commission shall be composed of [20

members as follows] the following members:

* * *

(3) The following members shall be appointed by the

Governor.

(i) A borough official, a first class township

official, a second class township official and a city

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official.

(ii) Four incumbent chiefs of police from the

various municipalities of this Commonwealth, at least one

to be a chief of a borough police department, at least

one to be a chief of a township police department and at

least one to be a chief of a city police department.

(iii) One Federal Bureau of Investigation special

agent-in-charge.

(iv) One educator qualified in the field of law

enforcement.

(v) One member representing the public at large.

(vi) Two noncommissioned police officers.

(vii) A director of one of the certified training

schools.

(viii) Two sheriffs.

(ix) Two deputy sheriffs.

* * *

Section 8. Repeals are as follows:

(1) The General Assembly finds that the repeals in

paragraphs (2) and (3) are necessary to effectuate this act.

(2) Article XII of the act of July 28, 1953 (P.L.723,

No.230), known as the Second Class County Code, to the extent

of any inconsistency with this act.

(3) Any act or part of an act is repealed to the extent

of any inconsistency with this act.

Section 9. This act shall take effect in 60 days.

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