PRINTER'S NO. 2335
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1738
Session of
2017
INTRODUCED BY MARSICO, PASHINSKI, PICKETT, FREEMAN, QUIGLEY,
O'NEILL, SAYLOR, D. COSTA, A. HARRIS, MARSHALL, MILLARD,
WHEELAND, DeLUCA, ZIMMERMAN AND WATSON, AUGUST 24, 2017
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 24, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in commencement of
proceedings, further providing for definitions and providing
for nonmunicipal police extraterritorial jurisdiction for
purposes of municipal police jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8951 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding definitions 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:
* * *
"Nonmunicipal police department." The term shall have the
same meaning as paragraphs (2), (3), (4), (5) and (6) in the
definition of "police department" in 53 Pa.C.S. § 2162 (relating
to definitions).
"Nonmunicipal police officer." A police officer employed by
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a nonmunicipal police department as a regular full-time or part-
time police officer.
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 8953.1. Nonmunicipal police extraterritorial jurisdiction.
(a) Power and authority.--In addition to a power and
authority vested by law, a nonmunicipal police officer who is
within this Commonwealth, but beyond the territorial limit of
the jurisdiction established for the officer's nonmunicipal
police department by law, shall have the power and authority to
enforce the laws of this Commonwealth or to perform a function
of a municipal police officer in the following circumstances:
(1) If the officer is in hot pursuit of a person for an
offense which was committed, or which the officer has
probable cause to believe was committed, within the officer's
jurisdiction and for which the officer continues in fresh
pursuit of the person after the commission of the offense.
(2) If the officer has been requested to aid or assist a
Federal, State or local law enforcement officer or park
police officer or has probable cause to believe that the
other officer is in need of aid or assistance.
(3) If, while on official business, the officer views an
offense and makes a reasonable effort to identify himself or
herself as a police officer and the offense is:
(i) A felony.
(ii) A misdemeanor.
(iii) A breach of the peace or other act that
presents an immediate clear and present danger to a
person or property.
(4) If the officer views an offense that is a felony and
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makes a reasonable effort to identify himself or herself as a
police officer.
(b) Applicability.--A nonmunicipal police officer acting in
accordance with the authority granted under this section shall
be subject to section 8953(b), (c) and (d) (relating to
Statewide municipal police jurisdiction) to the same extent as
would a municipal police officer.
Section 3. This act shall take effect in 60 days.
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