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A06327
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1910
Session of
2019
INTRODUCED BY WILLIAMS, KINSEY, HILL-EVANS, KIRKLAND,
CALTAGIRONE, HARRIS, FRANKEL, CIRESI, T. DAVIS, FREEMAN,
READSHAW, HOWARD, SHUSTERMAN, FITZGERALD, FIEDLER, ROZZI,
YOUNGBLOOD, WARREN, MADDEN, SCHWEYER, SCHLOSSBERG,
HOHENSTEIN, ISAACSON, BULLOCK, HANBIDGE, GREEN, GALLOWAY,
SANCHEZ, DALEY, ZABEL AND PASHINSKI, OCTOBER 11, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 15, 2020
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure), 44 (LAW
AND JUSTICE) and 53 (Municipalities Generally) of the
Pennsylvania Consolidated Statutes, in selection and
retention of judicial officers, further providing for content
of course of instruction and examination continuing education
credit; IN OTHER OFFICERS, PROVIDING FOR MENTAL HEALTH
EVALUATIONS; and, in employees, further providing for powers
and duties of commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3113(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3113. Content of course of instruction and examination.
* * *
(b) Content of course.--The course of training and
instruction shall not exceed four weeks in duration and shall
consist of a minimum of 40 hours of class instruction in civil
and criminal law, including evidence and procedure, summary
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proceedings, motor vehicles, the identification and reporting of
suspected child abuse as defined in 23 Pa.C.S. Ch. 63 (relating
to child protective services), court proceedings involving
children and courses in judicial ethics, in the case of all such
officials except arraignment court magistrates, in which case
the course of training shall consist of a minimum of 30 hours of
class instruction in criminal law, search and seizure, arrest
and bail practices and procedures, and except judges of the
Traffic Court of Philadelphia, in which case the course of
training shall consist of a minimum of 20 hours of class
instruction in summary proceedings and laws relating to motor
vehicles.
Section 2. Section 2164 of Title 53 is amended by adding a
paragraph to read:
Section 1. Section 3118(a)(1) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 3118. Continuing education requirement.
(a) Magisterial district judges.--
(1) Every magisterial district judge shall complete a
continuing education program each year equivalent to not less
than 32 hours per year in such courses or programs as are
approved by the board. One such course must be in the
identification and reporting of suspected child abuse as
defined by 23 Pa.C.S. Ch. 63 (relating to child protective
services) and court proceedings involving children. At least
every six years, the program shall include the identification
of mental illness, intellectual disabilities and autism and
the availability of diversionary options for individuals with
mental illness, intellectual disabilities or autism.
* * *
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SECTION 2. TITLE 44 IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 72
MENTAL HEALTH EVALUATIONS
SUBCHAPTER
A. PRELIMINARY PROVISIONS
B. GENERAL PROVISIONS
SUBCHAPTER A
PRELIMINARY PROVISIONS
SEC.
7201. SCOPE OF CHAPTER.
7202. DEFINITIONS.
§ 7201. SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO MENTAL HEALTH EVALUATIONS FOR LAW
ENFORCEMENT OFFICERS.
§ 7202. DEFINITIONS.
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:
"ADMINISTRATIVE DUTY." AN ADMINISTRATIVE LAW ENFORCEMENT
DUTY THAT IS DESIGNED TO LIMIT A LAW ENFORCEMENT OFFICER'S DAY-
TO-DAY WORK-RELATED INTERACTIONS WITH THE PUBLIC.
"LAW ENFORCEMENT AGENCY." ANY OF THE FOLLOWING:
(1) A POLICE DEPARTMENT OF A COUNTY, CITY, BOROUGH,
INCORPORATED TOWN OR TOWNSHIP.
(2) A COUNTY DISTRICT ATTORNEY'S OFFICE.
"LAW ENFORCEMENT OFFICER." AN INDIVIDUAL EMPLOYED BY A LAW
ENFORCEMENT AGENCY WHO IS REQUIRED TO BE TRAINED UNDER 53
PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL POLICE EDUCATION
AND TRAINING).
"POST-TRAUMATIC STRESS DISORDER." A POST-TRAUMATIC STRESS
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DISORDER AS DEFINED BY A MENTAL ORDER CHARACTERIZED BY DIRECT
EXPOSURE TO A TRAUMATIC EVENT AS IDENTIFIED BY THE AMERICAN
PSYCHIATRIC ASSOCIATION AND DOCUMENTED IN THE AMERICAN
PSYCHIATRIC ASSOCIATION'S DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS, 5TH EDITION.
SUBCHAPTER B
GENERAL PROVISIONS
SEC.
7203. MENTAL HEALTH EVALUATIONS FOR LAW ENFORCEMENT OFFICERS.
7204. REGULATIONS.
§ 7203. MENTAL HEALTH EVALUATIONS FOR LAW ENFORCEMENT OFFICERS.
(A) EVALUATIONS.--AS A CONDITION OF CONTINUED EMPLOYMENT,
AND WITHOUT COST TO THE LAW ENFORCEMENT OFFICER, A LAW
ENFORCEMENT AGENCY SHALL PROVIDE A LAW ENFORCEMENT OFFICER WITH
A MENTAL HEALTH EVALUATION FOR POST-TRAUMATIC STRESS DISORDER BY
A LICENSED MENTAL HEALTH PROFESSIONAL:
(1) UPON REQUEST OF THE LAW ENFORCEMENT OFFICER;
(2) UPON RECOMMENDATION OF A POLICE CHIEF OR OTHER
SUPERVISING LAW ENFORCEMENT OFFICER; OR
(3) WITHIN 30 DAYS OF AN INCIDENT OF THE USE OF LETHAL
FORCE DURING THE COURSE OF LAW ENFORCEMENT DUTIES.
(B) TREATMENT.--IF A LICENSED MENTAL HEALTH PROFESSIONAL
DETERMINES DURING THE MENTAL HEALTH EVALUATION UNDER SUBSECTION
(A) THAT A LAW ENFORCEMENT OFFICER HAS SYMPTOMS OF POST-
TRAUMATIC STRESS DISORDER, THE LAW ENFORCEMENT OFFICER SHALL BE
PROVIDED WITH TREATMENT UNDER A LICENSED PHYSICIAN'S CARE UNTIL
THE LICENSED PHYSICIAN DETERMINES IN WRITING THAT THE LAW
ENFORCEMENT OFFICER IS ABLE TO RESUME FULL DUTIES.
(C) ADMINISTRATIVE DUTY.--A LAW ENFORCEMENT OFFICER SHALL BE
ASSIGNED TO ADMINISTRATIVE DUTY IF THE LAW ENFORCEMENT OFFICER:
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(1) FAILS TO UNDERGO A MENTAL HEALTH EVALUATION FOR
POST-TRAUMATIC STRESS DISORDER WHEN REQUIRED UNDER SUBSECTION
(A); or
(2) IS EXPERIENCING SYMPTOMS OF POST-TRAUMATIC STRESS
DISORDER AS DETERMINED BY A LICENSED MENTAL HEALTH
PROFESSIONAL UNDER SUBSECTION (A) ; OR
(3) IS RECEIVING TREATMENT BY A LICENSED PHYSICIAN UNDER
SUBSECTION (B). and whom the licensed physician has not yet
determined is able to resume full duties under subsection
(b) .
§ 7204. REGULATIONS.
(A) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS CHAPTER, THE COMMISSION SHALL
PROMULGATE TEMPORARY REGULATIONS WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION THAT SHALL EXPIRE NOT LATER THAN
TWO YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY
REGULATIONS. THE DEPARTMENT SHALL PROMULGATE TEMPORARY
REGULATIONS NOT SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(B) PUBLICATION.--THE DEPARTMENT SHALL TRANSMIT TEMPORARY
REGULATIONS TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION
IN THE PENNSYLVANIA BULLETIN NO LATER THAN SIX MONTHS AFTER THE
EFFECTIVE DATE OF THIS SECTION.
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(C) PROMULGATION.--THE COMMISSION SHALL, BY REGULATION
INCLUDING TEMPORARY REGULATION, ESTABLISH PROCEDURES TO
GUARANTEE THE FOLLOWING:
(1) CONFIDENTIALITY OF REQUESTS OR RECOMMENDATIONS FOR
MENTAL HEALTH EVALUATIONS.
(2) CONFIDENTIALITY OF MENTAL HEALTH RECORDS PRODUCED BY
OPERATION OF THIS CHAPTER.
(3) ANY OTHER PROCEDURE DEEMED NECESSARY BY THE
COMMISSION FOR IMPLEMENTATION OF THIS CHAPTER.
SECTION 3. SECTION 2164(1.1) AND (6) OF TITLE 53 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.
(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.
* * *
(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,
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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.
* * *
(17) To train police officers with respect to:
(i) Recognizing child abuse.
(ii) The provisions regarding reporting suspected
child abuse under 23 Pa.C.S. Ch. 63 (relating to child
protective services).
(iii) The efficacy of conducting forensic
interviewing of victims of child abuse within the setting
of a children's advocacy center.
As used in this paragraph, the terms "child abuse" and
"children's advocacy center" shall have the meanings given to
them in 23 Pa.C.S. § 6303 (relating to definitions).
Section 3. This act shall take effect in 60 days.
(18) TO TRAIN POLICE OFFICERS IN TRAUMA INFORMED CARE
AND WITH RESPECT TO RECOGNIZING AND INTERACTING WITH
INDIVIDUALS WITH POST-TRAUMATIC STRESS DISORDER, INCLUDING
INTERVENING WITH OR ON BEHALF OF OTHER POLICE OFFICERS
EXHIBITING POST-TRAUMATIC STRESS DISORDER.
SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IN 60 DAYS:
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(I) THE AMENDMENT OF 42 PA.C.S. § 3113(B) 3118(a)
(1).
(II) THE ADDITION OF 53 PA.C.S. §§ 2164(17) AND
(18).
(III) THE ADDITION OF 44 PA.C.S. § 7204.
(2) THE ADDITION OF 44 PA.C.S. §§ 7201, 7202 AND 7203
SHALL TAKE EFFECT IN ONE YEAR.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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