PRINTER'S NO. 2092
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1614
Session of
2019
INTRODUCED BY KAUFFMAN AND BRIGGS, JUNE 11, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in commencement of
proceedings, further providing for Statewide municipal police
jurisdiction, for nonmunicipal police extraterritorial
jurisdiction and for agents of the Office of Attorney General
and providing for interpretation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8953(a)(3) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 8953. Statewide municipal police jurisdiction.
(a) General rule.--Any duly employed municipal police
officer who is within this Commonwealth, but beyond the
territorial limits of his primary jurisdiction, shall have the
power and authority to enforce the laws of this Commonwealth or
otherwise perform the functions of that office as if enforcing
those laws or performing those functions within the territorial
limits of his primary jurisdiction in the following cases:
* * *
(3) Where the officer [has been requested to aid or
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assist any local, State or Federal law enforcement officer or
park police officer or otherwise has probable cause to
believe that the other officer is in need of aid or
assistance.]:
(i) has been requested to aid or assist a Federal,
State or local law enforcement officer or park police
officer;
(ii) has probable cause to believe that a Federal,
State or local law enforcement officer or park police
officer is in need of aid or assistance; or
(iii) has been requested to participate in a
Federal, State or local task force.
* * *
Section 2. Sections 8953.1(a)(2) and 8953.2(a)(1) of Title
42, added June 28, 2018 (P.L.415, No.57), are amended 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:
* * *
(2) If the officer [has been requested to immediately
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.]:
(i) has been requested to immediately aid or assist
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a Federal, State or local law enforcement officer or park
police officer;
(ii) has probable cause to believe that a Federal,
State or local law enforcement officer or park police
officer is in need of aid or assistance; or
(iii) has been requested to participate in a
Federal, State or local task force.
* * *
§ 8953.2. Agents of the Office of Attorney General.
(a) Power and authority.--An agent of the Office of Attorney
General as defined in paragraph (2) of the definition of
"enforcement officer" in 71 Pa.C.S. § 5102 (relating to
definitions), in addition to the power and authority vested 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 [has been requested to immediately
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.]:
(i) has been requested to immediately aid or assist
a Federal, State or local law enforcement officer or park
police officer;
(ii) has probable cause to believe that a Federal,
State or local law enforcement officer or park police
officer is in need of aid or assistance; or
(iii) has been requested to participate in a
Federal, State or local task force.
* * *
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Section 3. Title 42 is amended by adding a section to read:
§ 8955. Interpretation.
The powers, authorities, duties, obligations and jurisdiction
under this subchapter shall not be subject to the requirements
of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation).
Section 4. The addition or amendment of the following shall
apply retroactively to law enforcement conduct on or after June
15, 1982:
(1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)
(2) and 8953.2(a)(1).
(2) The addition of 42 Pa.C.S. § 8955.
Section 5. The General Assembly declares that the addition
or amendment of the following are intended to reverse the
Pennsylvania Supreme Court's interpretation of 42 Pa.C.S. Ch. 89
Subch. D, as set forth in Commonwealth v. Hlubin 2019 WL 2324272
(Pa. 2019):
(1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)
(2) and 8953.2(a)(1).
(2) The addition of 42 Pa.C.S. § 8955.
Section 6. This act shall take effect immediately.
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