PRINTER'S NO. 1448
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1061
Session of
2015
INTRODUCED BY RAFFERTY, SABATINA, VULAKOVICH, WILEY, YUDICHAK,
TARTAGLIONE, MENSCH, BARTOLOTTA AND WARD, NOVEMBER 30, 2015
REFERRED TO LAW AND JUSTICE, NOVEMBER 30, 2015
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, adding provisions for law enforcement
activities by providing for release of law enforcement
officer information when firearm discharged or use of force;
and prescribing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 44 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 5
LAW ENFORCEMENT ACTIVITIES
Subchapter
A. Preliminary Provisions (Reserved)
B. General Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
(Reserved)
SUBCHAPTER B
GENERAL PROVISIONS
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Sec.
511. Release of law enforcement officer information when
firearm discharged or use of force.
ยง 511. Release of law enforcement officer information when
firearm discharged or use of force.
(a) During official investigation.--Pending the conclusion
of an official investigation that involves the discharge of a
firearm or use of force by a law enforcement officer during the
performance of the law enforcement officer's official duties,
the name and identifying information of the law enforcement
officer may not be released to the public by any public official
or public employee conducting or participating in the official
investigation or any person acting on behalf of such public
official or public employee.
(b) After official investigation.--After the official
investigation concludes:
(1) The law enforcement officer's name and identifying
information shall be released to the public if the law
enforcement officer is charged with a criminal offense
relating to the discharge of the firearm or use of force. The
release of the information must occur in accordance with
applicable law.
(2) If the law enforcement officer is not charged with a
criminal offense relating to the discharge of the firearm or
the use of force, the information may not be released to the
public if the release of the information can reasonably be
expected to create a risk of harm to the person or property
of the law enforcement officer or an immediate family member
of the law enforcement officer.
(c) Penalty.--A person who violates this section commits a
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misdemeanor of the second degree.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Immediate family member." The spouse, child, parent or
sibling of a law enforcement officer.
"Law enforcement officer." The term shall have the meaning
given to the term "peace officer" in section 501 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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