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PRINTER'S NO. 27
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
45
Session of
2021
INTRODUCED BY HUGHES, FONTANA, KEARNEY, STREET, SCHWANK,
CAPPELLETTI AND COSTA, JANUARY 20, 2021
REFERRED TO LAW AND JUSTICE, JANUARY 20, 2021
AN ACT
Providing for the adoption of a Statewide model policy related
to the prevention of excessive force by law enforcement
officers and school security personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the 8 Can't Wait
- Model Policy to Prevent Excessive Force Act.
Section 2. Legislative findings.
The General Assembly finds that:
(1) The authority of law enforcement officers and school
security personnel to use physical force is a serious
responsibility that must be exercised judiciously, with
respect for human rights, dignity and the sanctity of every
human life.
(2) Every individual has a right to be free from
excessive use of force by law enforcement officers and school
security personnel acting under color of law.
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(3) Through enactment of a model policy the Commonwealth
can implement common-sense policing standards that can
prevent excessive force being used against our citizens and
in our communities.
(4) The law and policy created must be carefully
constructed and in a manner that thoughtfully reflects the
gravity of the serious consequences that excessive force by
law enforcement officers and school security personnel can
have.
Section 3. 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:
"Chokehold." A physical maneuver that restricts an
individual's ability to breathe for the purpose of
incapacitation.
"Commission." The Municipal Police Officers' Education and
Training Commission of the Commonwealth.
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Community-based organization." A grassroots organization
that monitors the issue of police misconduct and reform measures
and has a national presence and membership. The term includes
the National Association for the Advancement of Colored People
(NAACP), the American Civil Liberties Union (ACLU) and the
National Council of La Raza.
"Deadly force." Force which, under the circumstances in
which it is used, is readily capable of causing death or serious
bodily injury.
"Force." Efforts used by a law enforcement officer that may
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result in serious bodily injury or death when used to:
(1) Effectuate an arrest.
(2) Overcome resistance or threatened resistance to
effectuate an arrest.
(3) Protect the arresting officer or any other person
from injury or death.
"Law enforcement agency." A law enforcement agency in this
Commonwealth that is the employer of a law enforcement officer.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" under 18 Pa.C.S. ยง 501
(relating to definitions).
"Professional law enforcement association." A law
enforcement membership association that works for the needs of
state or local law enforcement agencies. The term includes the
International Association of Chiefs of Police, the National
Sheriffs' Association, the Fraternal Order of Police and the
National Association of School Resource Officers.
"Reasonable alternatives." Tactics and methods used by a law
enforcement officer or school security personnel to effectuate
an arrest or detainment that do not unreasonably increase the
risk posed to the law enforcement officer or another individual,
including verbal communication, distance, warnings, de-
escalation tactics and techniques, tactical repositioning and
other tactics and techniques intended to stabilize the situation
and reduce the immediacy of the risk so that more time, options
and resources can be called upon to resolve the situation
without the use of a firearm, taser, explosive device, chemical
agent, baton, impact projectile, blunt instrument, hand, fist,
foot, canine or vehicle against an individual.
"School entity." The term shall have the same meaning as
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defined under section 1301-C of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
"School police officer." As defined under section 1301-C of
the Public School Code of 1949.
"School resource officer." As defined under section 1301-C
of the Public School Code of 1949.
"School security guard." As defined under section 1301-C of
the Public School Code of 1949.
"School security personnel." School police officers, school
resource officers and school security guards.
"Serious bodily injury." Bodily injury that creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of a bodily member or organ.
Section 4. Statewide model policy.
(a) Development.--Within 120 days of the effective date of
this subsection, the Attorney General, in consultation with the
commissioner, the commission, law enforcement agencies,
professional law enforcement associations and community-based
organizations shall promulgate a Statewide model policy to
prevent excessive force by law enforcement officers and school
security personnel within this Commonwealth. The Attorney
General shall seek public comment at least 20 days prior to
finalizing the Statewide model policy.
(b) Notification.--The Attorney General shall:
(1) Publicly and conspicuously post the promulgated
Statewide model policy on the Attorney General's publicly
accessible Internet website and provide notice of the
promulgation to the commissioner, the commission, law
enforcement agencies, professional law enforcement
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associations and community-based organizations with whom the
Attorney General consulted.
(2) Notify and supply a copy of the policy to the:
(i) Governor.
(ii) General Assembly.
(c) Adoption.--The following apply:
(1) Sixty days following the promulgation of the
Statewide model policy by the Attorney General, except as
provided under paragraph (2), each law enforcement agency and
school entity shall adopt the Statewide model policy as a
written policy governing the procedures that law enforcement
officers and school security personnel shall comply with when
engaging with individuals, including bringing an incident
under control, making an arrest or protecting the officers,
security personnel or others.
(2) A law enforcement agency or school entity may
develop and adopt their own written policy provided the
policy developed contains, at a minimum, the components
specified in subsection (f).
(3) The Statewide model policy shall serve as a minimum
standard by which other policies are developed and reviewed.
The commission shall compile a list of all law enforcement
agencies and school entities that are required to adopt a
written policy under this section.
(4) Each law enforcement agency and any required school
entity shall certify to the commission their compliance with
this section and provide the commission with a copy of the
adopted policy.
(5) The commission shall review each adopted policy to
determine if the policy meets the minimum standards required.
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The commission shall notify the Attorney General of any law
enforcement agencies or school entities that have failed to
comply with this section.
(d) Failure to comply.--If a law enforcement agency or
school entity fails to adopt a written policy as required under
subsection (c), the law enforcement agency or school entity
risks revocation or suspension of State appropriated money. The
Attorney General shall notify the Governor and the General
Assembly of any law enforcement agency or school entity that
fails to comply.
(e) Periodic review and training.--At least every two years,
the Attorney General shall review and update the Statewide model
policy as may be required. At least annually, the commissioner
and the commission shall review the training programs, for which
each is responsible, and ensure that law enforcement officers
and school security personnel are receiving training that is
consistent with the Statewide model policy.
(f) Components of policy.--The following apply:
(1) The Statewide model policy developed shall, at a
minimum:
(i) Require the use of de-escalation tactics and
techniques before using force.
(ii) Develop a force continuum or matrix that
defines and limits the types of force and specific
weapons that can be used to respond to specific levels of
resistance.
(iii) Ban chokeholds and strangleholds, including
carotid restraints.
(iv) Require a verbal warning be given, when
possible, before using deadly force.
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(v) Prohibit shooting at individuals in moving
vehicles unless the individual poses a deadly threat by
means other than the vehicle.
(vi) Require the exhaustion of all reasonable
alternatives before resorting to using deadly force.
(vii) Establish a duty to intervene and stop other
law enforcement officers or school security personnel
from using excessive force, as well as immediately
reporting incidents to a supervisor.
(viii) Require reporting of uses of force, including
when force was threatened or attempted but not used.
(2) The policy developed must provide for the consistent
definition and use of the following terms:
(i) "De-escalation tactics and techniques."
(ii) "Duty to intervene."
(iii) "Excessive force."
(iv) Any other term that may require clarification
to ensure uniform understanding and use.
Section 5. Applicability.
This act applies to all law enforcement officers and school
security personnel within the jurisdiction of the Commonwealth.
Section 6. Exclusive jurisdiction.
The Supreme Court shall have exclusive jurisdiction to hear
any challenge to or to render a declaratory judgment concerning
the constitutionality of this act. The Supreme Court is
authorized to take such action as it deems appropriate,
consistent with the Supreme Court retaining jurisdiction, to
find facts or to expedite a final judgment in connection with
such a challenge or request for declaratory relief.
Section 7. Effective date.
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This act shall take effect immediately.
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