Trial Engrossment of Amendment A00193 to House Bill 0027 P.N. 0350, Regular Session 2017-2018

A00193

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2017

INTRODUCED BY WHITE, READSHAW, DRISCOLL, GREINER, HICKERNELL,

SANKEY, RYAN, GODSHALL, QUIGLEY, IRVIN, TAYLOR, O'NEILL,

MARSHALL, PHILLIPS-HILL, MILLARD, KAUFFMAN, D. COSTA, MURT,

TOPPER, CORBIN, BARRAR, ELLIS, EVERETT, ROAE, DAY, FEE,

SIMMONS, NEILSON, BURNS, BLOOM, SCHEMEL, KORTZ, BOYLE,

A. HARRIS, WARNER, DELOZIER, OBERLANDER, BENNINGHOFF,

DiGIROLAMO, FARRY, JOZWIAK, KNOWLES, C. QUINN, ZIMMERMAN,

HARPER AND KEEFER, FEBRUARY 6, 2017

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2017

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

Consolidated Statutes, adding provisions for law enforcement

activities by providing for release of law enforcement

officer information when firearm discharged or use of force.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part I of Title 44 of the Pennsylvania

Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 5

LAW ENFORCEMENT ACTIVITIES

Subchapter

A. Preliminary Provisions (Reserved)

B. General Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

(Reserved)

SUBCHAPTER B

GENERAL PROVISIONS

Sec.

511. Release of law enforcement officer information when

firearm discharged or use of force.

§ 511. Release of law enforcement officer information when

firearm discharged or use of force.

(a) General rule.--

(1) Except as provided under paragraphs (2), (3) and

(4), if an official investigation has been initiated into the

discharge of a firearm or use of force by a law enforcement

officer during the performance of the law enforcement

officer's official duties that results in death or serious

bodily injury of an individual, the name and identifying

information of the law enforcement officer may not be

released to the public by:

(i) A public employee of the law enforcement

officer's employing agency.

(ii) The agency conducting or participating in the

official investigation.

(iii) A person acting on behalf of a public employee

under subparagraph (i) or an agency under subparagraph

(ii).

(2) A public employee of the officer's employing agency,

the agency conducting or participating in the official

investigation or a person acting on behalf of the public

employee or agency shall release the name or identifying

information of the law enforcement officer at the conclusion

of the investigation if the law enforcement officer is

charged with a criminal offense arising out of the discharge

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of the firearm or use of force.

(3) Except during any period in which the release of the

information can reasonably be expected to create a risk of

harm to the person or property of the law enforcement officer

or an immediate family member of the law enforcement officer,

a public employee of the officer's employing agency, the

agency conducting or participating in the official

investigation or a person acting on behalf of the public

employee or agency may release the name or identifying

information of the law enforcement officer:

(i) thirty fourteen days after the discharge of the

firearm or use of force; or

(ii) after completion of the official investigation.

(4) The name or identifying information of the law

enforcement officer may be released if:

(i) the law enforcement officer consents in writing

to the release of the information; or

(ii) disclosure is made pursuant to court rules.

(b) Penalty.--A person who violates this section commits a

misdemeanor of the second degree.

of Attorney General or a district attorney's office.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Law enforcement officer." Has the meaning given to the term

"peace officer" in 18 Pa.C.S. § 501 (relating to definitions).

"Serious bodily injury." As defined in 18 Pa.C.S. § 2301

(relating to definitions).

"Use of force." Any application of force by a law

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