PRINTER'S NO. 1123
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
881
Session of
2021
INTRODUCED BY LANGERHOLC, YUDICHAK, PHILLIPS-HILL, VOGEL,
MENSCH, COSTA, CAPPELLETTI, MUTH AND MASTRIANO,
SEPTEMBER 28, 2021
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
SEPTEMBER 28, 2021
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for Safe Exchange Zone
Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62
SAFE EXCHANGE ZONE PROGRAM
Sec.
6201. Scope of chapter.
6202. Definitions.
6203. Legislative purpose.
6204. Safe Exchange Zone Program.
§ 6201. Scope of chapter.
This chapter relates to the Safe Exchange Zone Program.
§ 6202. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County." A county of any class.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Municipality." A county, city, borough, incorporated town,
township or home rule, optional plan or optional charter
municipality or municipal authority in this Commonwealth and any
entity formed under Subchapter A of Chapter 23 (relating to
intergovernmental cooperation).
"Participant." An individual utilizing a safe exchange zone.
"Participating entity." A local police department, a county
sheriff or the Pennsylvania State Police.
"Program." The Safe Exchange Zone Program established under
section 6204(a) (relating to Safe Exchange Zone Program).
"Safe exchange zone." A place which meets the requirements
under section 6204(e)(1)(iii).
§ 6203. Legislative purpose.
The purpose of this chapter is to establish safe public
locations for participants to exchange goods purchased online
and for child custody exchanges through the distribution of
grant money t o municipalities.
§ 6204. Safe Exchange Zone Program.
(a) Establishment.--The Safe Exchange Zone Program is
established within the department.
(b) Eligibility.--Municipalities may apply for a grant under
the program to establish safe exchange zones at a participating
entity's office or barracks or in a public area.
(c) Application.--The department shall generate an
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application upon which municipalities may apply for a grant
under the program. The form shall indicate the cost of
establishing a safe exchange zone, the location, the approval of
a participating entity to assist with the safe exchange zone and
any additional information the department deems necessary.
(d) Duty of department.--The department shall approve or
deny an application under subsection (b) within 30 days of
receipt of the application. Upon approval of an application, the
department shall disburse the grant money as provided under
subsection (h).
(e) Safe exchange zone requirements and assignment of
responsibility.--
(1) Safe exchange zones:
(i) Shall have an appropriate video surveillance
system to observe all areas of the safe exchange zone,
which shall be monitored by a participating entity.
(ii) Shall be clearly indicated with proper signage
that displays the participating entity's telephone number
and "in case of an emergency dial 911."
(iii) May only be placed:
(A) Within 100 feet of a local police
department's office.
(B) Within 100 feet of a county sheriff's
office.
(C) Within 100 feet of a State Trooper barracks.
(D) Within 100 feet of a public park, county
courthouse, local magistrate's office, municipal
office or other public area that has an active public
presence, as approved by the department.
(iv) Must be on public land.
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(2) If the municipality seeks to establish a safe
exchange zone under paragraph (1)(iii)(A), the participating
entity shall be the local police department.
(3) If the municipality seeks to establish a safe
exchange zone under paragraph (1)(iii)(B), the participating
entity shall be the county sheriff.
(4) If the municipality seeks to establish a safe
exchange zone under paragraph (1)(iii)(C), the participating
entity shall be the Pennsylvania State Police.
(5) If the municipality seeks to establish a safe
exchange zone under paragraph (1)(iii)(D), the video
surveillance requirement under subsection (g)(1) shall be the
responsibility of the participating entity that has the
closest response time to the safe exchange zone.
(f) Participating entity requirements.--A participating
entity:
(1) Shall regularly monitor the video surveillance
system required under subsection (e)(1)(i) for activity that
endangers participants or the public.
(2) Must ensure that participants have the ability to
notify the participating entity of the need for assistance by
displaying the appropriate contact information as required
under subsection (e)(1)(ii).
(3) If a participant notifies a participating entity
under paragraph (2), shall properly assist the participant in
accordance with the guidelines established under subsection
(g) and ensure that the exchange does not present a danger to
the participant or the public.
(4) During examination of the video surveillance, may
not interfere with an exchange unless it presents a clear and
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present danger to the participating entity, a participant or
the public or unless the participating entity's assistance is
requested by a participant under paragraph (2).
(g) Guidelines and procedures.--In consultation with
participating entities, the department shall establish
guidelines and procedures for the adequate monitoring of video
surveillance required under subsection (f)(1) and for
surveillance measures necessary to keep participants and the
public safe, which do not infringe on the Fourth Amendment
rights of the participants of the exchange provided for in the
Constitution of the United States.
(h) Priority of award.--Priority shall be given to
municipalities awarded a grant under this section in the
following order:
(1) Municipalities seeking to establish safe exchange
zones within 100 feet of a local police department, county
sheriff's office or State Trooper barrack.
(2) Municipalities seeking to establish safe exchange
zones in a public area.
(i) Disbursement of money.--The Secretary of Community and
Economic Development shall ensure that the grant money awarded
under this section is geographically disbursed throughout this
Commonwealth.
(j) Use and audit.--Grant money must be used exclusively for
the purpose of establishing a safe exchange zone and is subject
to audit by the department and the Auditor General.
Section 2. This act shall take effect in 180 days.
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