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PRINTER'S NO. 4130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2691
Session of
2020
INTRODUCED BY A. DAVIS, McNEILL, WILLIAMS, GALLOWAY, LEE,
SANCHEZ, HILL-EVANS, YOUNGBLOOD, CALTAGIRONE, HOWARD,
T. DAVIS, MADDEN, BURGOS, KENYATTA, WHEATLEY, HARRIS,
SHUSTERMAN, DALEY, GAINEY, KINSEY, GREEN AND SCHWEYER,
JULY 14, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JULY 14, 2020
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
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County Independent Citizens Law Enforcement Review Board in
counties of the second class through the eighth class.
§ 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.
"Board of commissioners." The governing body of a county of
the second through the eighth class that is not a home rule
county.
"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 board of commissioners or 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 board of commissioners or
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 if a city
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of the third class is located in the county .
(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
alleging police misconduct by a police department in a
municipality in the county other than a city of the second
class or in any other municipality that had established an
independent municipal police oversight board in accordance
with an ordinance or court order .
(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) P rovide advice and recommendations to the governing
body of a municipality, including the mayor or chief
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.
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(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 body of a municipality,
including the mayor or chief executive of the municipality,
shall retain full and ultimate authority to set 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 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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