PRINTER'S NO. 2081
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1262
Session of
2018
INTRODUCED BY FONTANA, COSTA AND HUGHES, OCTOBER 4, 2018
REFERRED TO LOCAL GOVERNMENT, OCTOBER 4, 2018
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in general provisions relating to
government and administration, providing for law enforcement
review boards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 23 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
LAW ENFORCEMENT REVIEW BOARDS
Sec.
2361. Scope of subchapter.
2362. Definitions.
2363. Establishment of Independent Citizens Law Enforcement
Review Board.
§ 2361. Scope of subchapter.
This subchapter shall provide for the establishment of a
County Independent Citizens Law Enforcement Review Board in
counties of the second class that have adopted a home rule
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charter.
§ 2362. 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:
"Board." The Independent Citizens Law Enforcement Review
Board established under this act.
"Council." The county council of a county of the second
class that has adopted a home rule charter.
"County executive." The chief executive officer of a county
of the second class that has adopted a home rule charter.
§ 2363. Establishment of Independent Citizens Law Enforcement
Review Board.
(a) Establishment.--The council may, by ordinance, establish
an Independent Citizens Law Enforcement Review Board for the
purposes of receiving complaints, performing investigations and
making recommendations regarding alleged police misconduct.
(b) Composition.--The board shall be comprised of not less
than nine members appointed by the county executive with the
advice and consent of a majority of the members of the council.
(c) Membership.--Members of the board shall reflect the
geographic and cultural diversity of the county. Members shall
represent the following classifications of municipalities:
(1) Two members from a city of the third class.
(2) Two members from a borough.
(3) Two members from a township of the first class.
(4) Two members from a township of the second class.
(5) One member representing the county at large.
(d) Authority.--The board shall be authorized to:
(1) Investigate selected complaints filed by individuals
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alleging police misconduct by a police department in a
municipality in the county other than a city of the second
class.
(2) Establish a mediation program where a complainant
may voluntarily choose to resolve a complaint by an informal
mediation administered by the board with the municipal police
department.
(3) Provide advice and recommendations to the
municipality and the county executive of the municipality on
policies and actions of the municipal police department,
including recommendations on police training, hiring and
disciplinary policies and specific recommendations of
discipline for individual officers.
(4) Conduct public hearings, subpoena witnesses, compel
witness attendance, administer oaths, take the testimony of a
person under oath and require the production of evidence
relating to any other matter under investigation or any
questions before the board.
(5) Employ and supervise a staff including a solicitor,
as necessary.
(6) Conduct other actions necessary to fulfill the
purpose of the board.
(e) Procedures and rules.--The board shall adopt procedures
and rules necessary to fulfill the purpose of the board.
(f) Limitation on the authority of the board.--
(1) The board shall only be authorized to complete
investigations, make findings and recommendations as provided
in this subchapter. The governing authority of the political
subdivision and the county executive of the political
subdivision shall retain full and ultimate authority to set
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disciplinary policies or take other actions deemed
appropriate relative to the municipal police department. The
findings and recommendations of the board relative to any
investigation shall be advisory.
(2) The board may not investigate allegations of police
misconduct in a municipality that has established a municipal
board authorized to investigate alleged incidents of police
misconduct.
(3) The board may not investigate complaints involving
the conduct of a Federal or State law enforcement agency or
officer.
Section 2. This act shall take effect in 60 days.
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