Regular Session 2019-2020 House Bill 1812 P.N. 2470

PRINTER'S NO. 2470

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1812

Session of

2019

INTRODUCED BY WHEATLEY, FRANKEL, HILL-EVANS, LEE, KINSEY,

A. DAVIS, HARRIS, DAVIDSON, BULLOCK, GAINEY, KENYATTA,

KIRKLAND, RABB AND SCHWEYER, SEPTEMBER 16, 2019

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 16, 2019

AN ACT

Establishing the Employment Certification and Decertification

Training Council; providing for qualifications and training

requirements for peace officers, for speed detection device

operators, for probation officers, for duties of law

enforcement agencies, for civil actions, for agency heads and

chief administrators, for training costs and remedies, for

communications officers and for jail officers and juvenile

correctional officers; and imposing duties on law enforcement

agencies.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Definitions.

Chapter 2. Employment Certification and Decertification

Training Council

Section 201. Establishment and composition of council.

Section 202. Officers, quorum, minutes and reports of council.

Section 203. Executive director of council.

Section 204. Duties of council.

Section 205. Refusal to grant certification and disciplinary

measures.

Section 206. Council hearings.

Chapter 3. Peace Officers

Section 301. Qualifications for peace officers.

Section 302. Employment-related information.

Section 303. Basic training course.

Section 304. Compliance with certification and registration

requirements.

Section 305. Emergency peace officers and out-of-State peace

officers.

Section 306. Additional training requirements.

Chapter 4. Speed Detection Device Operators

Section 401. Certification as speed detection device operators.

Chapter 5. Probation Officers

Section 501. Authorization to arrest.

Chapter 6. Duties of Law Enforcement Agencies

Section 601. Records on candidates and peace officers.

Section 602. Qualification standards and training requirements.

Chapter 7. Civil Actions

Section 701. Injunctions to prevent violations of act.

Chapter 8. Agency Heads and Chief Administrators

Section 801. Training requirements for current agency heads and

chief administrators.

Section 802. Training requirements for newly appointed agency

heads and chief administrators.

Chapter 9. Training Costs

Section 901. Reimbursement for training costs.

Chapter 10. Communications Officers

Section 1001. Training requirements for communication officers.

Chapter 11. Jail Officers and Juvenile Correctional Officers

Section 1101. Training requirements for jail officers and

20190HB1812PN2470 - 2 -

juvenile correctional officers.

Chapter 21. Miscellaneous Provisions

Section 2101. Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Employment

Certification and Decertification Training for Peace Officers

Act.

Section 102. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency head." As follows:

(1) The secretary, chief executive or head of a State,

county or municipal agency who is a peace officer and

responsible for the supervision and assignment of employees

to a law enforcement agency or the performance of

administrative and managerial duties of a law enforcement

agency.

(2) The term does not include any of the following:

(i) The Attorney General.

(ii) The director of the Bureau of Narcotics

Investigation and Drug Control.

(iii) A district attorney.

(iv) A county or municipal fire chief.

(v) A peace officer employed exclusively as an

investigator for an individual specified under

20190HB1812PN2470 - 3 -

subparagraphs (i), (ii), (iii) and (iv) who does not

exercise any law enforcement supervisory or managerial

duties.

(vi) A sheriff or head of a law enforcement agency

within the office of sheriff.

"Applicant." A prospective peace officer who has not

commenced employment or service with a law enforcement agency.

"Candidate." A peace officer who, having satisfied

preemployment requirements, has commenced employment with a law

enforcement agency but has not satisfied the training

requirements specified under this act.

"Chief administrator." The warden, superintendent or other

officer in charge of a detention facility.

"Communications officer." An individual employed by a State

or local governmental agency to receive, process or transmit

public safety information and dispatch law enforcement officers,

firefighters, medical personnel or emergency management

personnel.

"Council." The Employment Certification and Decertification

Training Council.

"Detention facility." A county correctional institution or

municipal facility used for the detention of inmates. The term

shall not include a facility customarily used to hold an

individual for a period of not more than eight hours while the

individual awaits processing, booking, court appearance or

release.

"Emergency peace officer." An individual on active State

duty under 51 Pa.C.S. § 508 (relating to active duty for

emergency).

"Institution of higher education." An institution as defined

20190HB1812PN2470 - 4 -

in section 118(c) of the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, which offers basic law

enforcement training, including a course curriculum, instructors

and designated facilities.

"Jail officer." A person who is employed or appointed by a

county or municipality and who has the responsibility of

supervising inmates who are confined in a detention facility.

"Juvenile correctional facility." A facility operated by the

Department of Corrections and used for the detention of a

delinquent child as defined in 42 Pa.C.S. § 6302 (relating to

definitions) or a facility operated by the department and used

for the care, treatment and rehabilitation of a juvenile

offender.

"Juvenile correctional officer." An individual employed by

the Department of Corrections who has the primary responsibility

for the supervision and control of an individual confined in a

juvenile correctional facility.

"Law enforcement agency." An agency that employs a law

enforcement officer.

"Law enforcement officer." A member of the Pennsylvania

State Police or an individual employed as a police officer who

is required to be trained under 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training).

"Law enforcement support personnel." An individual, other

than a peace officer, whose primary employment with a law

enforcement agency consists of performing functions directly

related to the prevention, detection or investigation of a

crime.

"Peace officer." An individual who by virtue of the

individual's office or public employment is vested by the laws

20190HB1812PN2470 - 5 -

of this Commonwealth with a duty to maintain public order or

make arrests for offenses, whether that duty extends to all

offenses or is limited to specific offenses.

"Probation officer." A probation officer appointed or

employed by a court or by a county probation department.

"Retired peace officer." A retired law enforcement officer

who, prior to his or her retirement from service, was a peace

officer.

"School entity." Any public school, including a charter

school or cyber charter school, private school, nonpublic

school, intermediate unit or area vocational-technical school

operating within this Commonwealth, which offers basic law

enforcement training, including a course curriculum, instructors

and designated facilities.

"School resource officer." A law enforcement officer whose

duty station is located in a school entity or an institution of

higher education and whose stationing is established by an

agreement between the law enforcement agency and the school

entity or institution of higher education.

"Trauma." An experience from any event, series of events or

set of circumstances that is physically or emotionally harmful

or threatening to an individual and that has lasting adverse

effects on the individual's cognitive functioning and physical,

social, emotional, mental or spiritual well-being.

"Trauma-informed approach." An approach that recognizes the

signs and symptoms of trauma in individuals and responds by

fully integrating knowledge about trauma into policies,

professional learning, procedures and practices for the purposes

of recognizing the presence and onset of trauma, resisting the

reoccurrence of trauma and promoting resiliency tailored to a

20190HB1812PN2470 - 6 -

community's culture, climate and demographics.

CHAPTER 2

EMPLOYMENT CERTIFICATION AND DECERTIFICATION

TRAINING COUNCIL

Section 201. Establishment and composition of council.

(a) Establishment.--The Employment Certification and

Decertification Training Council is established.

(b) Voting members.--The voting members of the council shall

consist of all of the following:

(1) The Lieutenant Governor or a designee from the Board

of Pardons.

(2) The Commissioner of Pennsylvania State Police or a

designee.

(3) One member of the Senate appointed by the President

pro tempore of the Senate.

(4) One member of the Senate appointed by the Minority

Leader of the Senate.

(5) One member of the House of Representatives appointed

by the Speaker of the House of Representatives.

(6) One member of the House of Representatives appointed

by the Minority Leader of the House of Representatives.

(7) The Executive Director of the Municipal Police

Officers' Education and Training Commission.

(8) The president of the Pennsylvania Sheriffs'

Association or a designee.

(9) The president of the Pennsylvania Prison Wardens

Association or a designee.

(10) As follows:

(i) The following members appointed by the Governor:

(A) Five members who shall serve an initial term

20190HB1812PN2470 - 7 -

of four years.

(B) Six members who shall serve an initial term

of three years.

(ii) After expiration of the initial terms under

subparagraph (i), the subsequent terms of the members

appointed under subparagraph (i) shall be four years.

(iii) The members appointed under subparagraph (i)

shall consist of the following individuals:

(A) One county commissioner.

(B) One city manager or mayor.

(D) An active attorney of the Pennsylvania Bar

Association.

(E) Two individuals representing community

policing organizations.

(F) One member of the American Civil Liberties

Union.

(G) One public defender of a county.

(H) Two members of the Youth Sentencing and

Reentry Project.

(I) One member of the Pennsylvania Prison

Society.

of an unexpired term in the same manner as original

appointments. A member, upon expiration of a term, shall

continue to hold office until a successor is appointed.

(d) Compensation and expenses.--Members of the council shall

receive no compensation for their services, but shall receive

reimbursement for their necessary and proper expenses for

attendance at meetings.

20190HB1812PN2470 - 8 -

(e) Donations.--The council is authorized to accept and use

gifts, grants, donations, real and personal property and

services to administer the provisions of this act. Any funds

received under this subsection shall be kept separate and apart

from any funds appropriated to the council.

Section 202. Officers, quorum, minutes and reports of council.

The council shall conduct its affairs in the following

manner:

(1) The officers of the council, who shall consist of a

chairperson, vice chairperson and secretary-treasurer, shall

be elected at the first meeting of the council in each

calendar year.

(2) Eleven members of the council shall constitute a

quorum for the transaction of business.

(3) The council shall maintain the minutes of the

council's meetings and other records as the council deems

necessary.

(4) The council shall report at least annually to the

Governor and the General Assembly regarding the council's

activities.

Section 203. Executive director of council.

(a) Appointment.--The council may appoint an executive

director who shall serve at the pleasure of the council. The

executive director shall meet the training and employment

requirements of a peace officer as required under this chapter

and shall have authority of a peace officer as specified under

this chapter. The council shall establish the compensation for

the executive director.

(b) Contract services.--The executive director may contract

for services and employ professional, technical and clerical

20190HB1812PN2470 - 9 -

personnel as may be necessary for the council to administer the

provisions of this chapter.

(1) The executive director may employ investigators to

administer the provisions of this chapter. An investigator

shall meet the training and employment requirements of a

peace officer as required under this chapter and shall have

authority of a peace officer as specified under this chapter.

The council shall establish the compensation for an

investigator.

(2) An investigator shall have access to and may examine

a writing, document or other material which is deemed by the

chairperson of the council to be related to the fitness of a

peace officer or an applicant to practice as a peace officer.

The chairperson or executive director of the council may

issue subpoenas to compel access to the writing, document or

other material. If a subpoena is disobeyed, the council may

petition the court of common pleas of the county where the

person to whom the subpoena is issued resides for an order

requiring compliance with the subpoena. Failure to comply

with such an order shall be punishable as a contempt of

court.

Section 204. Duties of council.

The council shall have the following duties:

(1) Meet at such times and places as the council deems

necessary.

(2) Contract with State agencies and other entities as

the council deems necessary for the rendering and affording

of services, facilities, studies and reports to the council

that will assist the council in carrying out its duties.

20190HB1812PN2470 - 10 -

(3) Cooperate with State agencies and political

subdivisions to administer the provisions of this chapter.

(4) Establish criteria to be used by school entities and

and institutions of higher education authorized to conduct

the training required under this chapter.

(5) Certify school entities and institutions of higher

education as authorized to conduct training required under

this chapter.

(6) Establish minimum qualifications for school

directors of school entities and administrative staff at

institutions of higher education to achieve the certification

required to conduct the training required under this chapter.

(7) Establish minimum qualifications for instructors at

school entities and institutions of higher education to

achieve the certification required to conduct the training

required under this chapter.

(8) Reevaluate certified school entities and

institutions of higher education annually to determine if the

school entities and institutions of higher education shall

continue to be certified.

(9) Withdraw or suspend the certification of school

entities, institutions of higher education, school directors,

administrative staff and instructors who fail to continue to

meet or maintain qualifications to conduct the training

required under this chapter.

(10) Determine whether a candidate has met the

requirements and is qualified to be employed as a peace

officer and issue a certificate to a candidate who is

qualified.

(11) Certify to a designated law enforcement agency of a

20190HB1812PN2470 - 11 -

candidate's successful completion of the course required to

be a peace officer.

(12) Refuse to grant a certificate to a candidate who

fails to meet the requirements to be a peace officer.

(13) Discipline a certified peace officer or an exempt

peace officer from the provisions of this chapter.

(14) Establish and modify the curriculum to become a

peace officer, including the methods of instruction, basic

training courses and minimum number of hours required to

complete the curriculum.

(15) Establish and recommend curriculum for advanced,

in-service and specialized training courses as the council

deems advisable and recognize the completion of the courses

by the issuance of certificates.

(16) Provide technical assistance as requested by law

enforcement agencies.

(17) Provide for and administer the registration of all

exempt peace officers.

(18) Research, plan and establish policies relating to

peace officer training and develop and coordinate the

delivery of peace officer training programs through State

agencies or other entities as the council may deem

appropriate.

(19) Establish basic and in-service training courses for

all peace officers training on organized criminal activity

and criminal street gangs as part of the curriculum.

(20) Develop, adopt and issue advanced or professional

peace officer certificates based upon the attainment of

specified education, advanced or specialized training and

experience as determined by the council.

20190HB1812PN2470 - 12 -

(21) Provide and administer the certification of

individuals qualified to operate speedometers and withdraw or

suspend the certification as provided under this chapter.

(22) Impose administrative fees, as determined by the

council, for services provided under this chapter.

(23) Promulgate regulations as necessary to implement

the provisions of this chapter.

Section 205. Refusal to grant certification and disciplinary

measures.

(a) Refusal or discipline.--The council shall refuse to

grant a certificate to an applicant, discipline a peace officer

or exempt a peace officer from the provisions of this chapter if

the applicant or peace officer:

(1) Fails to demonstrate the qualifications or standards

for a certificate provided under this chapter or the

regulations promulgated by the council. The applicant shall

be responsible for demonstrating to the satisfaction of the

council that the applicant meets all the standards for a

certificate.

(2) Knowingly makes misleading, deceptive, untrue or

fraudulent representations in the practice of being a peace

officer or practices fraud or deceit or intentionally makes a

false statement in obtaining a certificate to practice as a

peace officer.

(3) Has been convicted of a felony or pled guilty or

nolo contendere to a felony in this Commonwealth or any other

state.

(4) Commits a crime involving moral turpitude.

(5) Had his or her certificate or license to practice as

a peace officer revoked, suspended or annulled by a law

20190HB1812PN2470 - 13 -

enforcement agency or the council.

(6) Engages in any unprofessional, unethical, deceptive

or deleterious conduct or practice harmful to the public,

including any departure from, or failure to conform to, the

minimal standards of acceptable and prevailing practice of a

peace officer.

(7) Violates or attempts to violate a Federal or State

law or a law of another state or a regulation promulgated by

the council without regard to whether the violation is

criminally punishable if the law or regulation relates to the

practice of a peace officer.

(8) Commits any act or omission which is indicative of

bad moral character or untrustworthiness.

(9) Been adjudged as mentally incompetent by a court of

competent jurisdiction in this Commonwealth or another state.

(10) Is unable to perform as a peace officer with

reasonable skill and safety to residents of this Commonwealth

by reason of illness, or use of alcohol, drugs or narcotics

or a mental or physical condition.

(11) Has been suspended or discharged by the peace

officer's employing law enforcement agency for disciplinary

reasons.

(b) Disciplinary actions.--

(1) If the council finds that an applicant or a peace

officer commits an action specified under subsection (a), the

council may, as appropriate, take any of the following

actions:

(i) Refuse to grant a certificate to an applicant.

(ii) Administer a public or private reprimand.

(iii) Suspend the peace officer's certificate for a

20190HB1812PN2470 - 14 -

definite period.

(iv) Limit or restrict the peace officer's

certificate.

(v) Revoke the peace officer's certificate.

(vi) Condition the penalty, or withhold formal

disposition, upon the peace officer's completing

counseling or treatment as directed by the council.

(2) In addition to or in lieu of an action taken under

paragraph (1), the council may make findings adverse to the

applicant or peace officer and withhold taking an action

under paragraph (1) and place the applicant or peace officer

on probation, which may be vacated upon noncompliance with

such reasonable terms as the council may impose on the

applicant or peace officer.

may reissue a certificate to a peace officer after revocation

under subsection (b)(1)(v), if the peace officer complies with

disciplinary or corrective measures imposed by the council.

(d) Emergency suspension.--

(1) Upon arrest or indictment of a peace officer for a

crime which is punishable as a felony, the executive director

of the council shall order the emergency suspension of the

peace officer's certification upon the executive director's

determination that the suspension is in the best interest of

the health, safety or welfare of the public.

(2) The order of emergency suspension shall be made in

writing and shall specify the basis for the executive

director's determination. After the issuance of an emergency

suspension order, proceedings of the council in the exercise

of its authority to discipline a peace officer shall be

20190HB1812PN2470 - 15 -

promptly scheduled as provided under section 206. The

emergency suspension order of the executive director shall

continue in effect until issuance of the final decision of

the council or the emergency suspension order is withdrawn by

the executive director.

(e) Notice.--

(1) Upon initiating an investigation of a peace officer

for possible disciplinary action or upon disciplining the

peace officer under this section, the council shall notify

the head of the law enforcement agency that employs the peace

officer of the investigation or disciplinary action.

(2) In the case of an investigation under paragraph (1),

the notice shall identify the peace officer and state that a

disciplinary investigation has been opened. Notice of the

initiation of an investigation shall be sent by first class

mail. If the investigation is completed without any further

action, the council shall provide a notice of the termination

of the investigation to the head of the employing agency.

(3) In the case of disciplinary action under paragraph

(1), the notice shall identify the peace officer and state

the nature of the disciplinary action taken. The notice of

disposition shall be sent only after the council deems the

disciplinary action to be final. The notice under this

paragraph shall be sent by first class mail.

(4) If the certification of a peace officer is suspended

or revoked by the council or executive director, the council

shall notify the head of the law enforcement agency that

employs the peace officer and the district attorney in the

jurisdiction where the law enforcement agency is located.

The notice shall identify the peace officer and state the

20190HB1812PN2470 - 16 -

length of time, if known, that the peace officer will not

have authority to arrest. The notice under this paragraph

shall be sent by first class mail.

Section 206. Council hearings.

(a) Authorization.--

(1) In conducting a hearing for the purpose of issuing a

certificate to an applicant or disciplining a peace officer

in accordance with this chapter, the council may compel the

attendance of witnesses and the production of any book,

writing or document by subpoena.

(2) In a hearing in which the fitness of a peace officer

or applicant is in question, the council may exclude any

individual from the council's deliberations of the

appropriate action. The council may, when the council deems

necessary, speak to the peace officer or applicant in private

about a matter before the council.

(b) Petition for review.--An individual may file a petition

to review a final decision of the council within 30 days after

the service of the decision of the council or, if a rehearing is

requested, within 30 days after the decision at the rehearing.

The individual must file the petition in the court of common

pleas in the county of residence of the petitioner.

CHAPTER 3

PEACE OFFICERS

Section 301. Qualifications for peace officers.

(a) Qualifications.--An individual employed or certified as

a peace officer shall:

(1) Be at least 18 years of age.

(2) Be a citizen of the United States.

(3) Have a high school diploma or its recognized

20190HB1812PN2470 - 17 -

equivalent.

(4) Have not been convicted of a Federal or State crime

punishable by imprisonment or multiple misdemeanors that

establish a pattern of disregard for the law. A violation of

a traffic law and other offense involving the operation of

motor vehicles shall not be used to establish a pattern of

disregard for the law if the violation has been expunged or

sealed.

(5) Be fingerprinted by the Pennsylvania State Police to

determine the existence of a criminal record.

(6) Possess good moral character as determined by an

investigation in accordance with the procedures established

by the council and fully cooperate during the course of such

investigation.

(7) Be found, after examination by a licensed physician

or surgeon, to be free from any physical, emotional or mental

conditions which might adversely affect the individual's

exercise of the powers or duties of a peace officer.

(8) Successfully complete a job-related entrance

examination administered by the council in conformity with

Federal and State law. The council may change or modify the

examination and shall establish the criteria for determining

satisfactory performance on the examination. Nothing in this

paragraph shall be construed to prohibit a law enforcement

agency from providing additional entrance requirements on a

peace officer, including a preemployment examination, as the

law enforcement agency deems necessary and appropriate. An

individual with a degree from an institution of higher

education shall be exempt from the examination under this

paragraph.

20190HB1812PN2470 - 18 -

(b) Basic training.--An individual who is authorized to

attend the basic training course administered under section 303

(relating to basic training course) shall meet the requirements

under subsection (a) before starting employment as a peace

officer.

Section 302. Employment-related information.

(a) Disclosure requirement.--If an investigation is

conducted for the purpose of hiring, certifying or continuing

the certification of a peace officer, a prior employer of the

applicant, candidate or peace officer shall disclose employment-

related information to the investigating law enforcement agency

upon receiving a written request from the law enforcement

agency. Disclosure of employment-related information shall only

be required under this subsection if the law enforcement

agency's request is accompanied by a copy of a signed, notarized

statement from the applicant, candidate or peace officer

exempting the employer from any civil liability for disclosing

complete and accurate information to the law enforcement agency

as specified under subsection (d).

(b) Fees.--An employer may charge a reasonable fee to cover

actual costs incurred in copying and furnishing documents under

subsection (a) to the law enforcement agency, including

retrieving and redacting costs. A fee charged under this

paragraph shall not exceed $25.00 or 25¢ per page, whichever is

greater. An employer shall not be required to prepare or create

a document not already in the employer's possession at the time

the request for employment-related information is received.

provided under this section shall not be subject to public

disclosure by the employer or law enforcement agency and shall

20190HB1812PN2470 - 19 -

not be subject to the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(d) Civil liability.--An employer shall not be subject to

any civil liability for a cause of action for disclosing

complete and accurate information to a law enforcement agency in

good faith and without malice in accordance with this section.

In such cause of action, malice or bad faith shall only be

demonstrated by clear and convincing evidence. Nothing in this

subsection shall be construed to affect or limit rights or

remedies provided by Federal law.

(e) Duties of law enforcement agencies.--

(1) Before taking a final action on an application for

employment based, in whole or in part, on any unfavorable

employment-related information received from an employer, a

law enforcement agency shall inform the applicant, candidate

or peace officer that the law enforcement agency has received

the employment-related information and that the applicant,

candidate or peace officer may inspect and respond in writing

to the information.

(2) Upon the request of an applicant, a candidate or a

peace officer, a law enforcement agency shall allow him or

her to inspect the employment-related information and to

submit a written response to the information. The request for

inspection shall be made within five business days from the

date that the applicant, candidate or peace officer is

notified that the law enforcement agency has received the

employment-related information under paragraph (1). An

inspection shall be made by the applicant, candidate or peace

officer no later 10 business days after the request for

inspection. A response to the employment-related information

20190HB1812PN2470 - 20 -

shall be made by the applicant, candidate or peace officer no

later than three business days after the inspection.

(f) Self-incriminating information.--

(1) Nothing in this subsection shall be construed to

require an individual to provide self-incriminating

information or otherwise compel a individual to act in

violation of the individual's rights guaranteed by the Fifth

Amendment of the Constitution of the United States.

(2) An individual may not refuse or fail to provide

information requested by a law enforcement agency under this

section based on a claim that the information is self-

incriminating in violation of the individual's rights

guaranteed by the Fifth Amendment of the Constitution of the

United States, if the individual provides notice of the claim

in lieu of providing the information requested by the law

enforcement agency. An action against the individual to

require disclosure on the grounds that the claim of self-

incrimination is not substantiated may be brought in the

court of common pleas in the county where the individual

resides or where the information requested by the law

enforcement agency is located.

(g) Definition.--As used in this subsection, the term

"employment-related information" means written information

contained in a prior employer's records or personnel files that

relates to performance or behavior of an applicant, a candidate

or a peace officer while employed by the employer, including

performance evaluations, records of disciplinary action and

eligibility for rehire. The term shall not include information

prohibited from disclosure by Federal law or any document not in

the possession of the employer at the time a request for the

20190HB1812PN2470 - 21 -

information is received.

Section 303. Basic training course.

(a) Requirement.--A candidate shall satisfactorily complete

a basic training course before the candidate's appointment as a

peace officer.

(b) Equivalent instruction.--The council may accept

instruction received by a candidate in lieu of the basic

training course if, in the determination of the council, the

instruction is at least equivalent to the basic training course

required under this section.

successfully complete the basic training course or an equivalent

instruction under this section, the candidate shall not perform

any of the duties of a peace officer relating to the authority

to arrest until the candidate successfully completes the basic

training course or an equivalent instruction.

(d) Location.--The basic training course may be completed at

any institution of higher education or school entity certified

by the council which provides the course requirements and

methods of instruction established by the council.

(e) Prohibition.--A correctional facility or a juvenile

correctional facility may not have more than 10 jail officers or

juvenile correctional officers in any 12-month period take the

basic training course necessary to become a peace officer.

Section 304. Compliance with certification and registration

requirements.

(a) Compliance.--Except as provided under subsection (b), an

individual who fails to comply with the certification

requirements under this chapter may not be employed with a law

enforcement agency and a candidate may not perform any of the

20190HB1812PN2470 - 22 -

duties of a peace officer involving the authority of arrest

until the certification requirements have been successfully

completed.

(b) Exception.--A peace officer who has commenced

employment or service before the effective date of this section

shall be exempt from the certification requirements under this

chapter as long the peace officer remains on active duty and the

peace officer meets the requirements specified under section

301(a)(2), (4), (5) and (8).

certification requirements under this chapter as specified under

subsection (b) shall register with the council. The registration

shall remain in effect for the period of time the peace officer

remains on active duty. The registration shall not terminate if

the peace officer accepts a subsequent employment position if

all of the following apply:

(1) The duties of the subsequent employment position are

recognized by the council to be substantially the same or

similar to duties required by the peace officer in his or her

previous employment position.

(2) The peace officer begins the subsequent employment

position within 12 months after the peace officer terminates

his or her previous employment position.

(d) Optional certification.--

(1) A peace officer who is exempt from the certification

requirements under this chapter as specified under subsection

(b) may choose to be certified under this chapter. If the

peace officer chooses to be certified under this chapter, the

council may recognize the instruction received by the peace

officer as equivalent to all or part of the instruction

20190HB1812PN2470 - 23 -

required for certification under this chapter.

(2) A retired peace officer may be voluntarily

registered by the council as an exempt peace officer without

meeting the requirements specified under section 301(a)(2),

(4), (5) and (8). The registration of a retired peace officer

shall not terminate at any time.

(e) Construction.--Nothing in this subsection shall be

deemed to grant an exemption to individuals required to be

certified or registered under this chapter.

(f) Applicability.--The imposition of the requirements for

certification or registration under this chapter shall be

determined by the council based on the applicability of this

chapter to particular peace officers.

Section 305. Emergency peace officers and out-of-State peace

officers.

(a) Emergency peace officers.--The requirement of this

chapter shall not apply to emergency peace officers.

(b) Out-of-State peace officers.--Nothing in this chapter

shall be construed to prohibit a law enforcement agency from

appointing an out-of-State individual as a peace officer if the

individual is qualified to serve as a peace officer in

accordance with this chapter.

Section 306. Additional training requirements.

(a) Requirement.--A peace officer shall annually complete 20

hours of training as provided under this section in sessions

approved by the council, including a minimum of one hour of

instruction on the best practices relating to trauma-informed

approaches.

(b) Exemptions.--

(1) A peace officer who completes the training required

20190HB1812PN2470 - 24 -

under this section shall be excused from the minimum annual

training requirement for the year during which the training

is completed.

(2) An individual who is registered or certified with

the council as a retired peace officer shall be exempt from

the training required under this section. A retired peace

officer may voluntarily comply with the training requirements

under this section without payment of any fees or costs if

sufficient class space is available.

(3) Nothing in this subsection shall be construed to

grant an exemption to peace officers required to complete the

training requirements under this section.

waiver of the training requirements under this section, if a

peace officer presents evidence to the council that he or she is

unable to complete the training due to a medical disability or

other reason deemed sufficient by the council.

(d) Confirmation of training.--

(1) A peace officer shall provide confirmation of his or

her training under this section for the previous year to the

council in a manner required by the council.

(2) Failure to provide the council with the confirmation

of training under this section in a timely manner or failure

to obtain the required training in a timely manner shall

result in an emergency suspension of the peace officer's

certification by the executive director. The emergency

suspension order issued by the executive director shall be

made in writing and shall specify the basis for the

determination. The emergency suspension order shall continue

in effect until the training requirements are confirmed or a

20190HB1812PN2470 - 25 -

waiver is issued under subsection (c). An emergency

suspension order issued under this paragraph shall be

automatically withdrawn upon confirmation of the required

training or the issuance of a waiver by the council under

subsection (c).

(e) Penalties.--A peace officer who does not fulfill the

training requirements under this section shall lose his or her

authority to arrest.

CHAPTER 4

SPEED DETECTION DEVICE OPERATORS

Section 401. Certification as speed detection device operators.

(a) Instruction requirements.--

(1) A peace officer who is authorized to use speed

detection devices shall be required to be certified by the

council as a qualified speed detection device operator. A

peace officer operating radar speed or laser detection

devices shall satisfactorily complete a course of instruction

in the theory and application of speed detection device

operation as a condition for certification.

(2) The council shall establish and modify the

curriculum for the course of instruction, including the

minimum number of hours of instruction required for

certification.

(3) An individual authorized and qualified to conduct

the course of instruction shall be certified by the council

as a speed detection device operator instructor upon

complying with requirements prescribed by the council.

(4) The council may certify a peace officer as a

qualified speed detection device operator who receives

instruction in the theory and application of speed detection

20190HB1812PN2470 - 26 -

device operation that is equivalent to the instruction

required under this section. If the instruction is recognized

by the council, then the council shall accept the instruction

in lieu of the minimum hours of instruction required to be a

qualified speed detection device operator under this section.

(5) If a peace officer fails to successfully complete

the instruction requirements to be a qualified speed

detection device operator under this section, the peace

officer shall not perform any functions relating to the use

of the devices until the instruction is successfully

completed and the council issues appropriate certification.

(6) A qualified speed detection device operator shall

complete a recertification training course of such duration

and time as may be prescribed by the council in order to

maintain the operator's certification.

(b) Withdrawal or suspension.--

(1) The council may withdraw or suspend the

certification of a peace officer to operate speed detection

devices for failure to meet the recertification requirements

under subsection (a)(6) or for a violation of any portion of

this chapter relating to conditions which may lead to the

withdrawal or suspension of the certification of the peace

officer to operate radar or laser speed detection devices.

(2) Upon the withdrawal or suspension of a peace

officer's certificate to operate speed detection devices

under paragraph (1), the executive director of the council

shall notify the commissioner. The notice shall contain the

peace officer's name and employing law enforcement agency.

(3) Upon receipt of the notice under paragraph (2), the

council shall withdraw or suspend the certification to

20190HB1812PN2470 - 27 -

operate speed detection devices for each certified operator

employed by the employing law enforcement agency under

paragraph (2) for a period designated by the council.

CHAPTER 5

PROBATION OFFICERS

Section 501. Authorization to arrest.

(a) Authorization.--Except as provided under subsection (d),

an individual who is appointed or employed as a probation

officer on or after the effective date of this section may not

exercise the authority to arrest in accordance with 42 Pa.C.S. §

9913 (relating to peace officer power for probation officers) as

a probation officer unless the probation officer has

successfully completed a training course and received a

certification approved by the Pennsylvania Board of Probation

and Parole.

(b) Requirements.--

(1) The provisions of Chapter 3 shall apply to a

probation officer, except for the peace officer training

requirements that are only applicable to a peace officer.

(2) A probation officer shall register with the council.

The registration shall remain in effect for the period of

time the probation officer remains on active duty. The

registration shall not terminate if the probation officer

accepts a subsequent employment position if all of the

following apply:

(i) The duties of the subsequent employment position

are recognized by the council to be substantially the

same or similar to duties required by the probation

officer in his or her previous employment position.

(ii) The probation officer begins the subsequent

20190HB1812PN2470 - 28 -

employment position within 12 months after the probation

officer terminates his or her previous employment

position.

exempt from the training and certification requirements under

this section may choose to be certified under this section. If

the probation officer chooses to be certified under this

section, the council may recognize the instruction received by

the probation officer as equivalent to all or part of the

training and instruction requirements under this section.

(d) Exception.--A peace officer may serve as a probation

officer without obtaining the probation officer training and

certification required by this section.

CHAPTER 6

DUTIES OF LAW ENFORCEMENT AGENCIES

Section 601. Records on candidates and peace officers.

(a) Duplicates.--A law enforcement agency shall prepare

duplicate records on a candidate or peace officer employed by

the law enforcement agency as may be prescribed by regulations

promulgated by the council. A copy of the records shall be

maintained in the headquarters of the law enforcement agency. A

second copy of the records shall be forwarded to the council and

shall be maintained by the council.

(b) Confidentiality.--The contents of the records prepared

under subsection (a), except for court proceedings, shall be

considered as confidential and shall not be subject to the act

of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law. The contents of the records may only be accessed by the law

enforcement agency, the applicable candidate or peace officer or

the council as specified under subsection (a).

20190HB1812PN2470 - 29 -

Section 602. Qualification standards and training requirements.

A law enforcement agency may establish additional

requirements for peace officers that exceed the minimum

qualification standards and training requirements for peace

officers established under Chapter 2.

CHAPTER 7

CIVIL ACTIONS

Section 701. Injunctions to prevent violations of act.

The council may maintain an action for an injunction to

enjoin any of the following:

(1) A peace officer who does not comply with the

provisions this act from performing any functions of a peace

officer, including exercising the authority to arrest, until

the peace officer complies with the provisions of this act.

(2) A law enforcement agency which employs or appoints a

peace officer who fails to comply with the provisions of this

act from allowing the peace officer to perform any functions

of a peace officer, including exercising the authority to

arrest, until the peace officer complies with the provisions

of this act.

CHAPTER 8

AGENCY HEADS AND CHIEF ADMINISTRATORS

Section 801. Training requirements for current agency heads and

chief administrators.

(a) Requirements.--Beginning January 1, 2020, and each year

thereafter, an agency head or a chief administrator appointed

before the effective date of this section shall complete 20

hours of training as provided under this section.

(b) Administration.--The training required under this

section shall be completed in sessions as selected, provided or

20190HB1812PN2470 - 30 -

approved by the Pennsylvania Chiefs of Police Association,

Pennsylvania Prison Wardens Association and the council.

participating in the training required under this section shall

be reimbursed for the reasonable travel expenses incurred as a

result of complying with the training requirements under this

section.

(d) Waivers.--The council, in its discretion, may grant an

agency head or a chief administrator a waiver of the training

requirements under this section if the agency head or chief

administrator present evidence to the council of medical

disability or other reason deemed sufficient by the council.

(e) Penalties.--An agency head or a chief administrator who

does not satisfy the training requirements under this section

shall lose his or her authority to arrest.

Section 802. Training requirements for newly appointed agency

heads and chief administrators.

(a) Requirements.--Beginning January 1, 2020, and each year

thereafter, an agency head or a chief administrator, including

an individual acting in the capacity of an agency head or a

chief administrator for more than 60 days, appointed after the

effective date of this section shall complete 60 hours of

training as provided under this section. The training shall be

in addition to the basic training required of peace officers

under section 303.

(b) Administration.--The training required under this

section shall be completed in sessions as selected, provided or

approved by the Pennsylvania Chiefs of Police Association,

Pennsylvania Prison Wardens Association and the council.

20190HB1812PN2470 - 31 -

participating in the training required under this section shall

be reimbursed for the reasonable travel expenses incurred as a

result of complying with the training requirements under this

section.

(d) Exemption.--

(1) An agency head or a chief administrator who

completes the training required under this section shall be

exempted for the year from basic training required of peace

officers under section 303.

(2) An agency head or a chief administrator who

completes the training required under this section shall not

be required to repeat the training if the agency head or

chief administrator terminates an appointment and is

subsequently reappointed to the same or another law

enforcement agency or detention facility.

(e) Waivers.--The council, in its discretion, may grant an

agency head or a chief administrator a waiver of the training

requirements under this section if any of the following apply:

(1) The agency head or chief administrator presents

evidence to the council of a medical disability or other

reason deemed sufficient by the council.

(2) The agency head or chief administrator has been

appointed for more than 60 days without a break in service

and the agency head or chief administrator has completed

training or education deemed by the council to be equivalent

to the training under this section.

(f) Penalties.--An agency head or a chief administrator who

does not satisfy the training requirements under this section

shall lose his or her power of arrest.

CHAPTER 9

20190HB1812PN2470 - 32 -

TRAINING COSTS

Section 901. Reimbursement for training costs.

(a) Reimbursement.--

(1) Except as otherwise provided under an employment

contract, if the Commonwealth, a county or municipality

employs a peace officer and the peace officer is hired by

another agency within 15 months after completing the

mandated or formalized training requirements under this act,

the following shall apply total cost of the training,

including salary paid during the training, shall be

reimbursed by the hiring agency to the Commonwealth, county

or municipality which initially paid for the training.

(2) If a peace officer is hired by another agency during

a period of 15 to 24 months after the mandated or formalized

training requirements under this act are completed, 50% of

the total cost of the training, including salary paid during

the training, shall be reimbursed by the hiring agency to the

Commonwealth, county or municipality which initially paid for

the training.

(3) The council shall set standards for reimbursement

under this section by hiring agencies based upon actual costs

incurred in providing the mandated or formalized training

under this act.

(b) Statements.--The Commonwealth, a county or municipality

which initially paid for the training of a peace officer shall

submit an itemized, sworn statement to the new employer of a

peace officer under subsection (a) and shall demand payment for

the total cost of the training. The Commonwealth, county or

municipality may enforce the collection of the total cost of the

training under this section through civil remedies and

20190HB1812PN2470 - 33 -

procedures in accordance with the laws of this Commonwealth.

or municipality to receive a reimbursement for the total cost of

the training under this act, a peace officer must sign an

acknowledgment of the provisions of this act or an employment

contract specifying the provisions of this act while the peace

officer is employed with the Commonwealth, county or

municipality.

CHAPTER 10

COMMUNICATIONS OFFICERS

Section 1001. Training requirements for communication officers.

(a) Requirements.--An individual who commences employment as

a communications officer on or after the effective date of this

section. An individual who commenced employment as a

communications officer before the effective date of this section

shall register with the council and may be certified as a

communications officer by voluntarily complying with the

certification process under this section. An individual who

fails to comply with the registration or certification process

of the council under this section shall not perform any duties

of a communications officer and may have his or her certificate

suspended or revoked.

(b) Compliance reviews.--The council shall conduct

administrative compliance reviews to ensure that communications

officers comply with this section. The council, in coordination

with the Pennsylvania Emergency Management Authority, may

promulgate regulations to facilitate the administration and

coordination of standards, certification and compliance reviews

consistent with the provisions of this section.

20190HB1812PN2470 - 34 -

officers under this section shall include training in the use of

telecommunications devices for the deaf.

CHAPTER 11

JAIL OFFICERS AND JUVENILE CORRECTIONAL OFFICERS

Section 1101. Training requirements for jail officers and

juvenile correctional officers.

(a) Requirements.--

(1) An individual employed or appointed as a jail

officer on or after the effective date of this section may

not serve as a jail officer in a detention facility unless

the individual completes a training course for jail officers

within six months after the effective date of this section.

(2) An individual employed or appointed as a juvenile

correctional officer on or after the effective date of this

section may not serve as a juvenile correctional officer in a

juvenile correctional facility unless the individual

completes a training course for juvenile correctional

officers within six months after the effective date of this

section.

(b) Authority.--

(1) Except as provided under paragraph (2), an applicant

to be a jail officer or juvenile correctional officer and a

jail officer or juvenile correctional officer shall be

subject to the authority of the council applicable to peace

officers and shall satisfy the requirements of a peace

officer under this act.

(2) An applicant to be a jail officer or juvenile

correctional officer and a jail officer or juvenile

correctional officer shall not be required to comply with the

requirements under section 301(a)(8) or training requirements

20190HB1812PN2470 - 35 -

only applicable to peace officers.

jail officer or juvenile correctional officer before the

effective date of this section shall be exempt from compliance

with the certification provisions of this section.

(d) Registration.--

(1) A jail officer or juvenile correctional officer that

is exempt under subsection (c) shall register with the

council. The registration shall remain in effect for the

period of time that the jail officer or a juvenile

correctional officer remains employed with the detention

facility or juvenile correctional facility.

(2) The registration under paragraph (1) shall not

become invalid if an individual employed or appointed as a

jail officer or juvenile correctional officer is terminated

and the individual's subsequent employment or appointment as

a jail officer or juvenile correctional officer is commenced

within 12 months after the termination.

(e) Optional certification.--A jail officer or juvenile

correctional officer that is exempt under subsection (c) may

choose to be certified under this section. If the jail officer

or juvenile correctional officer chooses to be certified under

this section, the council may recognize instruction received by

the jail officer or juvenile correctional officer as equivalent

to the instruction required for certification under this

section.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101. Effective date.

This act shall take effect in 60 days.

20190HB1812PN2470 - 36 -