PRINTER'S NO. 936
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
854
Session of
2017
INTRODUCED BY GREINER, DEAN, JAMES, MENTZER, SIMMONS, D. COSTA,
ROEBUCK, GROVE AND GILLEN, MARCH 13, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2017
AN ACT
Amending Title 22 (Detectives and Private Police) of the
Pennsylvania Consolidated Statutes, in humane society police
officers, further providing for appointment by nonprofit
corporations, for qualifications for appointment and for
suspension, revocation, limitation and restriction of
appointment and restoration of appointment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3704(a) of Title 22 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 3704. Appointment by nonprofit corporations.
(a) Application for appointment.--A society or association
may apply to the court of common pleas in any county for the
appointment of an individual as a humane society police officer
for that county[.] by providing proof of qualification under
section 3705 (relating to qualifications for appointment) to the
court of common pleas and to the district attorney. The court,
upon [such application which includes proof of qualification
under section 3705 (relating to qualifications for appointment),
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shall] reviewing the application and considering the
recommendation, if any, of the district attorney, may by order
appoint such person to be a humane society police officer.
(a.1) Review.--Upon receipt of an application for
appointment of an individual as a humane society police officer,
the district attorney shall conduct a background investigation
of the applicant and, within 60 days, provide input to the
court.
* * *
Section 2. Sections 3705 and 3706(a) of Title 22 are amended
to read:
§ 3705. Qualifications for appointment.
[An individual shall be qualified for an] In order for an
individual to be considered for appointment as a humane society
police officer [provided], the society or association [submits]
must submit proof satisfactory to the court of common pleas and
the district attorney in each county for which the society or
association directs the individual to act as a humane society
police officer that the individual [meets all of the following
requirements]:
(1) Has been a resident of this Commonwealth for the
previous 12 months.
(2) Has successfully completed the training program
established pursuant to section 3712 (relating to training
program).
(3) Has obtained a criminal history report from the
Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91
(relating to criminal history record information) or a
statement from the Pennsylvania State Police that the
Pennsylvania State Police central repository contains no
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pertinent information relating to the individual who is the
subject of the application. The criminal history record
information shall be limited to that which may be
disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
general regulations).
(4) Has not been convicted of an offense graded a felony
or a serious misdemeanor.
(5) Has not been convicted of any violation, including a
summary offense, of 18 Pa.C.S. § 5511 (relating to cruelty to
animals).
(6) Has not been convicted of an offense in another
jurisdiction, state, territory or country in accordance with
the laws of that jurisdiction, state, territory or country
equivalent to an offense graded a felony or a serious
misdemeanor or an offense of cruelty to animals.
§ 3706. Suspension, revocation, limitation and restriction of
appointment; restoration of appointment.
(a) Grounds for suspension, revocation, limitation or
restriction.--By its own action, on petition by a district
attorney or pursuant to a written affidavit filed by a
complainant, the court of common pleas may, after conducting a
hearing, suspend, revoke, limit or restrict an appointment of an
individual to act as a humane society police officer in the
county if the court determines any of the following:
(1) Being convicted of a felony or a serious misdemeanor
in any Federal or State court or being convicted of the
equivalent of a felony in any foreign country, territory or
possession.
(2) Being convicted of an offense of cruelty to animals
in any Federal or State court or being convicted of the
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equivalent of a cruelty to animals offense in any foreign
country, territory or possession.
(3) Presenting false credentials or documents or making
a false or misleading statement in the application for
appointment or a certification of completion of additional
training or submitting an application for appointment or a
certification for completion of additional training
containing a false or misleading statement.
(4) Carrying or possessing a firearm in the performance
of his or her duties without certification pursuant to
section 3711 (relating to limitation on possession of
firearms).
(5) The individual has conducted his or her authority to
enforce animal cruelty laws in a manner that is substandard
of conduct normally expected of humane society police
officers.
* * *
Section 3. This act shall take effect in 60 days.
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