PRINTER'S NO. 294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
332
Session of
2023
INTRODUCED BY STREET, KEARNEY, HAYWOOD, FONTANA, KANE, COSTA,
CAPPELLETTI AND SAVAL, FEBRUARY 14, 2023
REFERRED TO JUDICIARY, FEBRUARY 14, 2023
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in employees, providing for use of
force and deadly force policy for law enforcement agencies;
and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subchapter C heading of Chapter 21 of Title 53 of
the Pennsylvania Consolidated Statutes is amended to read:
SUBCHAPTER C
[(Reserved)]
USE OF FORCE AND DEADLY FORCE POLICY
FOR LAW ENFORCEMENT AGENCIES
Section 2. Subchapter C of Chapter 21 of Title 53 is amended
by adding sections to read:
§ 2141. Policy.
It is the policy of the Commonwealth to provide law
enforcement agencies and law enforcement officers with clear
guidelines and training regarding the use of force and deadly
force.
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§ 2142. 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:
"Choke hold." A physical maneuver that restricts an
individual's ability to breathe for the purposes of
incapacitation.
"Commission." The Municipal Police Officers' Education and
Training Commission.
"Commissioner." The Commissioner of Pennsylvania State
Police.
"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
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. § 501
(relating to definitions).
"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.
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"Weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly appropriate for
lawful uses which it may have. The term includes a firearm which
is not loaded or lacks a clip or other component to render it
immediately operable, and components which can readily be
assembled into a weapon.
§ 2143. Written policies required.
(a) General rule.--Each law enforcement agency shall develop
and implement a written use of force policy governing the
procedures under which a law enforcement officer should
initiate, continue and terminate the use of force. The policy
may be the model policy endorsed by a national or State
organization or association that is consistent with the
requirements of this subchapter. The written policy shall
reflect consideration of the guidelines under this section.
(b) Intent of guidelines.--The guidelines under this section
are solely intended to direct law enforcement agencies in
developing use of force policies and outline the content of
these policies. The guidelines contained in this section are not
intended to mandate the actions of individual law enforcement
officers.
(c) Policy guidelines.--Each law enforcement agency policy
shall be consistent with current training and certification
standards and include the following procedural elements:
(1) Decision-making criteria or principles for
initiation of force. These criteria or principles may
include:
(i) The severity of the crime at issue.
(ii) If the suspect poses an immediate threat to the
safety of the law enforcement officer or others.
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(iii) The potential for harm or immediate or
potential danger to others if the fleeing individual or
individuals escape.
(iv) If the suspect is actively resisting arrest or
attempting to evade arrest by flight.
(v) Safety factors that pose a risk to law
enforcement officers and other persons.
(vi) If the suspect is in possession of a weapon.
(vii) Other relevant information that the law
enforcement officer reasonably believes to be true at the
time.
(2) Responsibilities of law enforcement officers.
(3) Responsibilities of the field supervisor.
(4) Decision-making criteria or principles for
termination of force. These criteria or principles may
include safety factors that pose a risk to law enforcement
officers and other persons.
(5) Recordkeeping protocols for use of force incidents.
(d) Policy requirements.--Each law enforcement agency policy
shall prohibit the use of choke holds by law enforcement
officers except in cases in which deadly force is authorized.
(e) Training governing use of force.--Before carrying a
weapon, each law enforcement officer shall receive training and
instruction with regard to the proper use of force and to the
law enforcement agency's policies and statutes with regard to
force. The training and instruction shall continue on an annual
basis and may include the following criteria:
(1) A law enforcement officer shall carry and use only
authorized weapons unless circumstances exist which pose an
immediate threat to the safety of the law enforcement officer
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or the public requiring the use of a weapon or object that
has not been authorized to counter a threat.
(2) With law enforcement agency approval, a law
enforcement officer may modify, alter or cause to be altered
an authorized weapon in the law enforcement officer's
possession or control.
(3) A law enforcement officer should use discretion to
determine reasonable force options to bring a suspect under
control. A law enforcement officer is not required to first
attempt using types and degrees of force that reasonably
appear to be inadequate to accomplish the intended objective.
(4) A law enforcement officer may announce the intention
to use reasonable force.
(5) A law enforcement officer should consider whether it
is reasonably prudent to use de-escalation and harm reduction
techniques.
(f) Biennial certification.--Every other year, the
commission shall certify whether each law enforcement agency has
a use of force policy in effect. The commission shall provide
the Pennsylvania State Police with a list of those law
enforcement agencies that have or have not notified or certified
to the commission that the law enforcement agency has a use of
force policy. The biennial certification may be implemented
simultaneously with other certifications conducted by the
commission.
(g) Policy availability.--A policy adopted under this
section shall be made available to the general public upon
request and shall be posted on a publicly accessible Internet
website maintained by the law enforcement agency.
(h) Limitations.--A law enforcement agency policy shall be
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consistent with the requirements of 18 Pa.C.S. Ch. 5 (relating
to general principles of justification).
Section 3. This act shall take effect in 60 days.
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