PRINTER'S NO. 798
No. 696 Session of 2003
INTRODUCED BY THOMPSON, WENGER, DENT, ORIE, PILEGGI, MUSTO,
LOGAN, ERICKSON, TARTAGLIONE, EARLL, PUNT, O'PAKE, WOZNIAK,
GREENLEAF AND BOSCOLA, MAY 2, 2003
REFERRED TO LAW AND JUSTICE, MAY 2, 2003
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, further providing for powers and
3 duties of the Municipal Police Officers' Education and
4 Training Commission; and repealing provisions relating to
5 prohibition on certain political activity.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2164 of Title 53 of the Pennsylvania
9 Consolidated Statutes, amended December 30, 2002 (P.L.2001,
10 No.230), is amended to read:
11 § 2164. Powers and duties of commission.
12 The powers and duties of the commission shall be as follows:
13 (1) To establish and administer the minimum courses of
14 study for basic and in-service training for police officers
15 and to revoke an officer's certification when an officer
16 fails to comply with the basic and in-service training
17 requirements or is convicted of a criminal offense or the
18 commission determines that the officer is physically or
19 mentally unfit to perform the duties of his office [or
1 determines that a police officer subject to section 2166.1
2 (relating to prohibition on political activity) has engaged
3 or participated in the conducting of political or election
4 campaign activity in violation of that section].
5 (2) To approve or revoke the approval of any school
6 which may be utilized to comply with the educational and
7 training requirements as established by the commission.
8 (3) To establish the minimum qualifications for
9 instructors, to approve or revoke the approval of any
10 instructor and to develop the requirements for continued
11 certification.
12 (4) To promote the most efficient and economical program
13 for police training by utilizing existing facilities,
14 programs and qualified Federal, State and local police
15 personnel.
16 (5) To make an annual report to the Governor and to the
17 General Assembly concerning the administration of the
18 Municipal Police Officers' Education and Training Program and
19 the activities of the commission, together with
20 recommendations for executive or legislative action necessary
21 for the improvement of law enforcement and the administration
22 of justice.
23 (6) To require every police officer to attend a minimum
24 number of hours of in-service training as provided for by
25 regulation, unless the officer's employer files a show cause
26 document with the commission requesting additional time for
27 the officer to comply with the in-service training
28 requirements. Approval of this request shall be made by the
29 commission on a case-by-case basis.
30 (7) To require all police officers to undergo a
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1 background investigation to determine the individual's
2 suitability for employment as a police officer. This
3 investigation shall be completed prior to the employment of
4 the officer and shall include a criminal history check, a
5 credit check, personal interviews and any other applicable
6 means of determining eligibility. An applicant who has been
7 convicted of a felony or serious misdemeanor shall not be
8 eligible for employment as a police officer.
9 (8) To require minimum standards for physical fitness,
10 psychological evaluation and education as prerequisites to
11 employment as a police officer.
12 (9) To appoint an executive director to administer the
13 training program established by this subchapter. The position
14 of executive director shall be filled by the commission which
15 shall select the best qualified person from a list of three
16 persons nominated by the chairman. The person who receives a
17 simple majority of those members present and voting shall
18 become the executive director. If the commission rejects all
19 nominees, then the process shall be repeated until a person
20 is selected. The executive director shall be directly
21 responsible to the commission and may be dismissed only by
22 two-thirds vote of the commission. The executive director
23 shall employ a sufficient staff, including professional,
24 administrative and clerical personnel, to perform the tasks
25 of the office, including the preparation of an annual budget.
26 (10) To consult and cooperate with universities,
27 colleges, community colleges and institutes for the
28 development of specialized courses for police officers.
29 (11) To consult and cooperate with departments and
30 agencies of this Commonwealth and other states and the
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1 Federal Government concerned with police training.
2 (12) To certify police officers who have satisfactorily
3 completed basic educational and training requirements as
4 established by the commission and to issue appropriate
5 certificates to those police officers.
6 (13) To visit and inspect approved schools at least once
7 a year.
8 (14) To make such rules and regulations and to perform
9 such other duties as may be reasonably necessary or
10 appropriate to implement the education and training program
11 for police officers.
12 (15) To grant waivers of mandatory basic training to
13 police officers who have successfully completed previous
14 equivalent training or who have acceptable full-time police
15 experience, or both.
16 Section 2. Section 2166.1 of Title 53 is repealed.
17 Section 3. This act shall take effect in 60 days.
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