PRINTER'S NO. 75
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 20030S0080B0075 - 2 -
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. A2L24RZ/20030S0080B0075 - 4 -