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                                                      PRINTER'S NO. 1355

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1201 Session of 1997


        INTRODUCED BY O'BRIEN, CURRY, YOUNGBLOOD, CALTAGIRONE, KENNEY,
           HENNESSEY, LEDERER, E. Z. TAYLOR, MELIO, TANGRETTI, WALKO,
           SHANER, SERAFINI, BOSCOLA, STERN, BELFANTI AND RAMOS,
           APRIL 8, 1997

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 1997

                                     AN ACT

     1  Amending Title 53 (Municipalities Generally) of the Pennsylvania
     2     Consolidated Statutes, further providing for municipal police
     3     education and training.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  The definitions of "police department" and
     7  "police officer" in section 2162 of Title 53 of the Pennsylvania
     8  Consolidated Statutes, added December 19, 1996 (P.L.1158,
     9  No.177), are amended to read:
    10  § 2162.  Definitions.
    11     The following words and phrases when used in this subchapter
    12  shall have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     * * *
    15     "Police department."  Any of the following:
    16         (1)  A public agency of a political subdivision having
    17     general police powers and charged with making arrests in


     1     connection with the enforcement of the criminal or traffic
     2     laws. This paragraph includes the sheriff's office in a
     3     county of the second class.
     4         (2)  A campus police or university police department, as
     5     used in section 2416 of the act of April 9, 1929 (P.L.177,
     6     No.175), known as The Administrative Code of 1929, certified
     7     by the Office of Attorney General as a criminal justice
     8     agency under the definition of "criminal justice agency" in
     9     18 Pa.C.S. § 9102 (relating to definitions). This paragraph
    10     does not include a campus police or university police
    11     department of the State System of Higher Education and its
    12     member institutions.
    13         (3)  Any railroad or street railway police department
    14     formed with officers commissioned under 22 Pa.C.S. Ch. 33
    15     (relating to railroad and street railway police), or any
    16     prior statute providing for such commissioning.
    17     "Police officer."  Any full-time or part-time employee of a
    18  city, borough, town, township, railroad or street railway
    19  police, campus police or university police or county police
    20  department assigned to criminal or traffic law enforcement
    21  duties; any deputy sheriff of a county of the second class; and,
    22  for the purpose of training only, security officers of a first
    23  class city housing authority. The term excludes persons employed
    24  to check parking meters or to perform only administrative duties
    25  and auxiliary and fire police.
    26     * * *
    27     Section 2.  Sections 2168 and 2170 of Title 53, added
    28  December 19, 1996 (P.L.1158, No.177), are amended by adding
    29  subsections to read:
    30  § 2168.  Automatic certification.
    19970H1201B1355                  - 2 -

     1     * * *
     2     (d)  Railroad and street railway police.--Any railroad and
     3  street railway police officer who, as of the effective date of
     4  this subsection, has successfully completed a basic training
     5  course similar to that required under this chapter shall, after
     6  review by the commission, be certified as having met the basic
     7  requirements of this chapter. Any railroad and street railway
     8  police officer who, as of the effective date of this subsection,
     9  has not successfully completed a basic training course similar
    10  to that required under this chapter which qualifies the police
    11  officer for certification shall be able to perform the duties of
    12  a railroad and street railway police officer until certified by
    13  the commission, but no longer than one year from the effective
    14  date of this subsection.
    15  § 2170.  Reimbursement of expenses.
    16     * * *
    17     (f)  Railroad and street railway police.--The commission
    18  shall provide for reimbursement to each railroad and street
    19  railway police department of 100% allowable tuition and the
    20  ordinary and necessary living and travel expenses incurred by
    21  their police officers while attending certified municipal police
    22  basic training schools, providing the railroad and street
    23  railway police department adheres to the training standards
    24  established by the commission. The commission shall require
    25  written documentation of all expenses incurred by railroad and
    26  street railway police departments relating to the training of
    27  police officers for the purposes of reimbursement by the
    28  commission. All railroad and street railway police departments
    29  shall annually audit these funds as part of their annual audit
    30  and submit a copy of the audit to the commission. Failure to
    19970H1201B1355                  - 3 -

     1  perform the audit and submit a copy of it to the commission
     2  shall render the railroad and street railway police department
     3  in violation of this chapter.
     4     Section 3.  This act shall take effect in 60 days.


















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