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| PRIOR PRINTER'S NO. 4046 | PRINTER'S NO. 4282 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. COSTA, VULAKOVICH, BARBIN, BARRAR, BELFANTI, BRENNAN, BRIGGS, BROWN, CALTAGIRONE, CARROLL, DALEY, DELOZIER, DeLUCA, DERMODY, DONATUCCI, FAIRCHILD, FARRY, GEORGE, GOODMAN, GRUCELA, HORNAMAN, KOTIK, KULA, LONGIETTI, MAHONEY, MANN, MATZIE, MUSTIO, M. O'BRIEN, O'NEILL, PALLONE, PARKER, PAYNE, READSHAW, ROCK, SABATINA, SANTARSIERO, SIPTROTH, SWANGER, J. TAYLOR, R. TAYLOR, WAGNER, WHITE, YOUNGBLOOD, GEIST AND CASORIO, JUNE 30, 2010 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 21, 2010 |
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| AN ACT |
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1 | Providing for the Pennsylvania Blue Alert System Officer Down | <-- |
2 | Advisory; authorizing and directing the Pennsylvania State |
3 | Police to establish and maintain the Pennsylvania Blue Alert | <-- |
4 | System Officer Down Advisory; assessing costs; and providing | <-- |
5 | for immunity and penalties. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Pennsylvania Blue Alert System established. | <-- |
9 | Section 1. Short title. | <-- |
10 | This act shall be known and may be cited as the Pennsylvania |
11 | Officer Down Advisory Act. |
12 | Section 1.1. Pennsylvania Officer Down Advisory established. |
13 | The Pennsylvania State Police shall establish and maintain |
14 | the Pennsylvania Blue Alert System Officer Down Advisory to | <-- |
15 | assist in the apprehension of those suspected of killing or |
16 | seriously injuring Federal, State or local law enforcement |
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1 | officers through prompt notification to the general public and |
2 | appropriate law enforcement authorities. The Pennsylvania State |
3 | Police shall establish such protocols and procedures as are |
4 | necessary for the effective operation of this system advisory | <-- |
5 | and shall educate and inform local law enforcement agencies and |
6 | the public with regard to its availability. At a minimum the |
7 | following criteria must be met to activate the system advisory: | <-- |
8 | (1) A law enforcement officer must have been killed or |
9 | seriously injured by an offender. |
10 | (2) The investigating law enforcement agency must |
11 | determine that the suspect poses a serious risk or threat to |
12 | the public or other law enforcement personnel. |
13 | (3) A detailed description of the make and model of the |
14 | suspect's vehicle or a complete or partial registration plate |
15 | number of the suspect's vehicle must be available for |
16 | broadcast to the public. |
17 | (4) The investigating law enforcement agency having |
18 | jurisdiction must recommend activation of the system | <-- |
19 | advisory. | <-- |
20 | Section 2. Prohibited use. |
21 | The transmission, broadcast or other communication of a |
22 | public alert, other than through the Pennsylvania Blue Alert | <-- |
23 | System Officer Down Advisory, intentionally, knowingly, | <-- |
24 | recklessly or negligently purporting to be made by, with or |
25 | through the authority of the Pennsylvania Blue Alert System | <-- |
26 | Officer Down Advisory is prohibited and shall be subject to a | <-- |
27 | civil penalty of not more than $5,000. |
28 | Section 3. Coordination with other jurisdictions. |
29 | The Pennsylvania State Police shall coordinate with the |
30 | authorities of the Federal Government and the various states |
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1 | that are responsible within their respective jurisdictions for |
2 | the apprehension of those suspected of killing or seriously |
3 | injuring Federal, State or local law enforcement officers to |
4 | establish and execute the procedures appropriate to the |
5 | effective fulfillment of its responsibilities under section 1 | <-- |
6 | 1.1. | <-- |
7 | Section 4. Assessment of cost. |
8 | Unless the court finds that undue hardship would result, in |
9 | addition to any other cost imposed by law, a cost of $25 shall |
10 | automatically be assessed on each person convicted, adjudicated |
11 | delinquent or granted accelerated rehabilitative disposition |
12 | (ARD) of the offenses named in this section. The cost shall be |
13 | forwarded to the Commonwealth and used by the Pennsylvania State |
14 | Police to establish and maintain the Pennsylvania Blue Alert | <-- |
15 | System Officer Down Advisory and apply to the following | <-- |
16 | offenses: |
17 | 18 Pa.C.S. § 2507 (relating to criminal homicide of law |
18 | enforcement officer). |
19 | 18 Pa.C.S. § 2702.1 (relating to assault of law |
20 | enforcement officer). |
21 | 18 Pa.C.S. § 5104 (relating to resisting arrest or other |
22 | law enforcement). |
23 | 18 Pa.C.S. § 5104.1 (relating to disarming law |
24 | enforcement officer). |
25 | 18 Pa.C.S. § 5511.2 (relating to police animals). |
26 | Section 5. Immunity. |
27 | Owners, licensees, operators and employees of any |
28 | communication medium, including, but not limited to, telephone, |
29 | radio, television, newspaper, digital communications network, | <-- |
30 | wireless communications network or global communications |
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1 | network, shall be immune from civil liability for their good |
2 | faith conduct while participating in accordance with this act. |
3 | Section 6 20. Effective date. | <-- |
4 | This act shall take effect immediately. |
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