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PRINTER'S NO. 463
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
458
Session of
2019
INTRODUCED BY COSTA, FONTANA, HUGHES, SCHWANK AND HAYWOOD,
MARCH 21, 2019
REFERRED TO LAW AND JUSTICE, MARCH 21, 2019
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in employees, further providing for
powers and duties of commission and providing for certified
police officer database.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2164(1.1), (6), (7) and (8) of Title 53
of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding paragraphs to read:
§ 2164. Powers and duties of commission.
The powers and duties of the commission shall be as follows:
* * *
(1.1) To provide training for police officers with
respect to:
(i) Recognition of mental illness, intellectual
disabilities and autism.
(ii) Proper techniques to interact with and de-
escalate individuals engaging in behavior indicative of
mental illness, intellectual disability or autism.
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(iii) Instruction on services available to
individuals with mental illness, intellectual
disabilities or autism.
(iv) Instruction on interacting with individuals of
diverse racial, ethnic and economic backgrounds.
(1.2) To require a minimum of 60 hours of instruction at
an accredited institution of higher education for police
officers.
* * *
(6) To require every police officer to attend a minimum
number of hours of in-service training as provided for by
regulation to maintain certification by the commission,
unless the officer's employer files a show cause document
with the commission requesting additional time for the
officer to comply with the in-service training requirements.
Approval of this request shall be made by the commission on a
case-by-case basis. In-service training shall require annual
instruction on the use of force, including deadly force, de-
escalation and harm reduction techniques, and shall include
on a biennial basis instruction in community and cultural
awareness, implicit bias, procedural justice and
reconciliation techniques as developed by the commission.
(7) To require all police officers to undergo a
background investigation to determine the individual's
suitability for employment as a police officer. This
investigation shall be completed prior to the employment of
the officer and shall include a criminal history check, a
check of information under section 2172 (relating to
certified police officer database), a credit check, personal
interviews and any other applicable means of determining
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eligibility. An applicant who has been convicted of a felony
or serious misdemeanor shall not be eligible for employment
as a police officer.
(8) To require minimum standards for physical fitness,
psychological evaluation and education as prerequisites to
employment as a police officer. Police officers shall be
required to undergo a psychological examination each year of
the first three years of employment and each fifth year of
employment thereafter.
* * *
(12.1) To maintain a database of certified police
officers, including information regarding revocation of
certification and disciplinary issues consistent with section
2172.
(12.2) To develop minimal guidelines for municipalities
to consult and use in the administration of a municipal
police department, including municipal responsibilities under
this subchapter. The guidelines shall be developed in
consultation with organizations representing municipal law
enforcement, law enforcement agencies and municipal
governments.
* * *
Section 2. Title 53 is amended by adding a section to read:
§ 2172. Certified police officer database.
(a) Database.--The commission shall maintain a database of
all certified police officers in this Commonwealth pursuant to
the authority granted under this subchapter. The database shall
include all of the following information for each officer:
(1) Name of the police officer.
(2) Employing municipality.
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(3) All records relating to employment as a police
officer under this subchapter.
(4) All records relating to first aid or CPR
certification.
(5) All records relating to qualification with firearms
as specified.
(6) All records relating to completion of annual
mandatory in-service training.
(7) All records of physical or psychological impairment
which renders the officer permanently unable to perform the
officer's duties.
(8) All records of any conviction for a disqualifying
criminal offense.
(9) All records of any document submitted by a police
officer that the police officer knows, or reasonably should
know, contains false information, including fraudulent
application.
(10) Any record of disciplinary issues that have
resulted in the removal, suspension or reprimand of the
police officer by the employing municipality that are based
on substantiated reports regarding the following:
(i) excessive use of force;
(ii) instances of express animus or malicious
intention toward the race, color, religion, sex, sexual
orientation or national origin of another individual or
group of individuals demonstrated in the police officer's
conduct;
(iii) providing false or misleading evidence or
testimony in a judicial proceeding; and
(iv) failure to follow or maintain a standard,
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policy or procedure that has been adopted by the
employing police department or municipality.
(11) Any record of civil judgments or orders against the
police officer that are directly related to the conduct of
the police officer.
(b) Notification of standards.--The information provided in
this section shall be available to a police department for the
purposes of considering a police officer as a candidate for
employment within a municipality when the police officer is
transferring from one municipal police department to the police
department of another municipality.
(c) Notification of termination.--It shall be the
responsibility of the head of the applicant's or police
officer's employing police department to provide written notice
to the commission of the following:
(1) An officer's termination of employment.
(2) An officer who has been determined to have a
permanent physical or psychological condition that renders
the officer unable to perform the officer's duties.
(3) An officer's arrest for a disqualifying offense
within 15 days from the date of arrest.
(4) Employment issues that have resulted in the
discipline of the police officer under subsection (a)(10).
(5) Any other information required by the commission to
satisfy its responsibility under this section.
(d) Limitations on use.--Information in the database shall
be limited to examination by criminal justice agencies as
defined in 18 Pa.C.S. Ch. 91 (relating to criminal history
record information) for the purposes of determining an officer's
eligibility and qualification for employment as a police
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officer. The information may not be subject to disclosure under
the act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law.
(e) Limitation.--The submission of information under this
section may not be restricted by the provisions of a collective
bargaining agreement, arbitration award or determination or any
other law to the contrary.
Section 3. This act shall take effect in 60 days.
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