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                                                        PRINTER'S NO. 75

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 80 Session of 2003


        INTRODUCED BY MOWERY, GREENLEAF, WOZNIAK, THOMPSON, CORMAN,
           KITCHEN, SCHWARTZ, WAUGH, EARLL, M. WHITE, C. WILLIAMS,
           RHOADES, D. WHITE AND KASUNIC, JANUARY 27, 2003

        REFERRED TO LAW AND JUSTICE, JANUARY 27, 2003

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," adding definitions; providing for
     6     State System of Higher Education campus police powers and
     7     duties; and making a repeal.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 2001-A of the act of March 10, 1949
    11  (P.L.30, No.14), known as the Public School Code of 1949, is
    12  amended by adding clauses to read:
    13     Section 2001-A.  Definitions.--The following words and
    14  phrases when used in this article shall, for the purpose of this
    15  article, have the following meanings, respectively, except in
    16  those instances where the context clearly indicates a different
    17  meaning:
    18     * * *
    19     (20)  "Campus police" shall mean all law enforcement
    20  personnel employed by the system who have successfully completed

     1  a campus police course of training approved under 53 Pa.C.S. Ch.
     2  21 Subch. D (relating to municipal police education and
     3  training).
     4     (21)  "Grounds" shall mean all lands and buildings owned,
     5  controlled, leased or managed by the system.
     6     Section 2.  The act is amended by adding a section to read:
     7     Section 2019-A.  Campus Police Powers and Duties.--(a)
     8  Campus police of an institution shall have the power and their
     9  duty shall be:
    10     (1)  to enforce good order on the grounds and in the
    11  buildings of the institution;
    12     (2)  to protect the grounds and buildings of the institution;
    13     (3)  to exclude all disorderly persons from the grounds and
    14  buildings of the institution;
    15     (4)  to adopt means necessary for the performance of their
    16  duties;
    17     (5)  to exercise the same powers as are now or may hereafter
    18  be exercised under authority of law or ordinance by the police
    19  of the municipalities wherein the institution is located,
    20  including, but not limited to, those powers conferred pursuant
    21  to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police
    22  jurisdiction);
    23     (6)  to prevent crime, investigate criminal acts, apprehend,
    24  arrest and charge criminal offenders and issue summary citations
    25  for acts committed on the grounds of the institution and carry
    26  the criminal offenders before the proper district justice and
    27  prefer charges against them under the laws of this Commonwealth.
    28  Except when acting pursuant to 42 Pa.C.S. Ch. 89 Subch. D,
    29  campus police shall exercise these powers and perform these
    30  duties only on the grounds of the institution. For the purposes
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     1  of applying the provisions of 42 Pa.C.S. Ch. 89 Subch. D, the
     2  grounds of the institution shall constitute the primary
     3  jurisdiction of the campus police.
     4     (7)  to order off the grounds and out of the buildings of the
     5  institution all trespassers and persons under the influence of
     6  alcohol or controlled substances and, if necessary, remove them
     7  by force and, in case of resistance, carry them before a
     8  district justice; and
     9     (8)  to arrest any person who damages, mutilates or destroys
    10  the property of the institution or commits any other offense,
    11  including threats or acts of terrorism, on the grounds and in
    12  the buildings of the institution and carry that person before
    13  the proper district justice and prefer charges against that
    14  person under the laws of this Commonwealth.
    15     (b)  An institution is authorized to enter into an agreement
    16  with the municipalities overlain by or abutting its campus to
    17  exercise concurrently those powers and to perform those duties
    18  conferred pursuant to a cooperative police service agreement in
    19  accordance with 42 Pa.C.S. § 8953 (relating to Statewide
    20  municipal police jurisdiction). When so acting, the campus
    21  police of the institution shall have the same powers, immunities
    22  and benefits granted to police officers in 42 Pa.C.S. Ch. 89
    23  Subch. D. All such agreements shall be consistent with the
    24  mission and purpose of the system.
    25     (c)  When acting within the scope of the authority of this
    26  section, campus police are at all times employes of the
    27  institution and shall be entitled to all of the rights accruing
    28  therefrom.
    29     Section 3.  Section 2416 of the act of April 9, 1929
    30  (P.L.177, No.175), known as The Administrative Code of 1929, is
    20030S0080B0075                  - 3 -     

     1  repealed insofar as it is inconsistent with this act.
     2     Section 4.  This act shall take effect in 30 days.



















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