PRINTER'S NO. 4340
No. 2864 Session of 2002
INTRODUCED BY BLAUM, WALKO, ROONEY, DeLUCA, STABACK, COY,
WANSACZ, GEIST, CORRIGAN, SOLOBAY, GRUCELA, TIGUE, SHANER,
BROOKS, HARHAI, YOUNGBLOOD, McGEEHAN, THOMAS, E. Z. TAYLOR,
M. COHEN, FREEMAN, G. WRIGHT, JAMES, J. WILLIAMS, PALLONE,
WASHINGTON, HORSEY AND STEELMAN, SEPTEMBER 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2002
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 definition of "police officer" in section
7 2162 of Title 53 of the Pennsylvania Consolidated Statutes is
8 amended and the section is amended by adding a definition to
9 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 officer." Any full-time or part-time employee of a
16 city, borough, town, township, railroad or street railway
17 police, campus police or university police or county police
1 department assigned to criminal or traffic law enforcement
2 duties; any deputy sheriff of a county of the second class; any
3 school police officer; and, for the purpose of training only,
4 security officers of a first class city housing authority. The
5 term excludes persons employed to check parking meters or to
6 perform only administrative duties and auxiliary and fire
7 police.
8 * * *
9 "School police officer." A police officer who has been
10 granted powers under section 778(c)(2) or (3) of the act of
11 March 10, 1949 (P.L.30, No.14), known as the Public School Code
12 of 1949, or who has been authorized to carry a firearm.
13 * * *
14 Section 2. Section 2167 of Title 53 is amended to read:
15 § 2167. Police training.
16 (a) General rule.--All municipalities of this Commonwealth
17 or groups of municipalities acting in concert and all colleges
18 and universities shall be required to train all members of their
19 police departments pursuant to this subchapter prior to their
20 enforcing criminal laws, enforcing moving traffic violations
21 under 75 Pa.C.S. (relating to vehicles) or being authorized to
22 carry a firearm.
23 (a.1) School police officers.--All school districts of this
24 Commonwealth shall be required to train their school police
25 officers pursuant to this subchapter prior to their enforcing
26 criminal laws or enforcing moving traffic violations under 75
27 Pa.C.S. (relating to vehicles).
28 (b) Ineligibility for compensation.--Any person hired as a
29 police officer by any municipality or school district or group
30 of municipalities or school districts acting in concert or by
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1 any college or university shall be ineligible to receive any
2 salary, compensation or other consideration for the performance
3 of duties as a police officer unless the person has met all of
4 the requirements as established by the commission and has been
5 duly certified as having met those requirements by the
6 commission.
7 (c) Penalty.--Any official of any municipality [or of any],
8 college or university or school district who orders, authorizes
9 or pays as salary to a person in violation of the provisions of
10 this subchapter commits a summary offense and shall, upon
11 conviction, be sentenced to pay a fine of $100 or be imprisoned
12 for a term not to exceed a period of 30 days. The commission may
13 stop payment of all funds paid or payable to municipalities
14 under this subchapter for any violation of this subchapter. It
15 shall notify the State Treasurer to discontinue disbursement of
16 any State funds until a municipality is in compliance with this
17 subchapter.
18 Section 3. Section 2168 of Title 53 is amended by adding a
19 subsection to read:
20 § 2168. Automatic certification.
21 * * *
22 (e) School police officers.--Any school police officer who,
23 as of the effective date of this subsection, has successfully
24 completed a basic training course similar to that required under
25 this subchapter shall, after review by the commission, be
26 certified as having met the basic training requirements of this
27 subchapter. Any school police officer who, as of the effective
28 date of this subsection, has not successfully completed a basic
29 training course similar to that required under this subchapter
30 which qualifies the police officer for certification shall be
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1 able to perform the duties of a school police officer until
2 certified by the commission, but no longer than one year from
3 the effective date of this subsection.
4 Section 4. Section 2170(a), (c) and (d) of Title 53 are
5 amended to read:
6 § 2170. Reimbursement of expenses.
7 (a) General rule.--The commission shall provide for
8 reimbursement to each municipality and school district of the
9 entire amount of the allowable tuition and the ordinary and
10 necessary living and travel expenses incurred by their police
11 officers while attending certified municipal police basic
12 training schools if the municipality [adheres] and school
13 district adhere to the training standards established by the
14 commission. The regular salary of police officers while
15 attending approved schools shall be paid by the employing
16 municipality or school district, as applicable. The commission
17 shall reimburse the employing municipality or school district
18 for 60% of the regular salaries of police officers while
19 attending schools approved under this subchapter. The commission
20 shall require written documentation of all expenses incurred by
21 municipalities or school districts relating to the training of
22 [municipal] police officers for the purposes of reimbursement by
23 the commission. All municipalities and school districts shall
24 annually audit these funds as part of their annual audit and
25 submit a copy of the audit to the commission. Failure to perform
26 the audit and submit a copy of it to the commission shall render
27 the municipality or school district in violation of this
28 subchapter.
29 * * *
30 (c) Application for funding.--All municipalities and school
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1 districts of this Commonwealth or groups of municipalities and
2 school districts acting in concert may make application to the
3 commission for funding pursuant to the provisions of this
4 subchapter. The application shall be accompanied by a certified
5 copy of a resolution adopted by its governing body. The
6 resolution shall provide that, while receiving any State funds
7 pursuant to this subchapter, the municipality or school district
8 agrees to adhere to the standards for training established by
9 the commission. The application shall contain any information
10 that the commission requests.
11 (d) Subsequent employment with another municipality or
12 school district.--If a police officer, within two years
13 following certification, terminates his employment with the
14 municipality or school district by which the officer was
15 employed at the time he was certified as having met the
16 commission's requirement and subsequently obtains employment as
17 a police officer with another municipality or school district,
18 the municipality or school district which employs the previously
19 certified police officer shall reimburse the municipality or
20 school district which formerly employed the police officer for
21 the nonreimbursable portion of the salary paid to the police
22 officer while complying with the provisions of this subchapter.
23 * * *
24 Section 5. This act shall take effect in one year.
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