HOUSE AMENDED
PRIOR PRINTER'S NO. 798 PRINTER'S NO. 1048
No. 696 Session of 2003
INTRODUCED BY THOMPSON, WENGER, DENT, ORIE, PILEGGI, MUSTO,
LOGAN, ERICKSON, TARTAGLIONE, EARLL, PUNT, O'PAKE, WOZNIAK,
GREENLEAF, BOSCOLA, RAFFERTY, WAGNER, ROBBINS AND STACK,
MAY 2, 2003
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JULY 1, 2003
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, further providing for PROHIBITION ON <--
3 POLITICAL ACTIVITY RELATING TO POLICE OFFICERS AND FOR powers
4 and duties of the Municipal Police Officers' Education and
5 Training Commission.; and repealing provisions relating to <--
6 prohibition on certain political activity.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2164 of Title 53 of the Pennsylvania
10 Consolidated Statutes, amended December 30, 2002 (P.L.2001,
11 No.230), is amended to read:
12 § 2164. Powers and duties of commission.
13 The powers and duties of the commission shall be as follows:
14 (1) To establish and administer the minimum courses of
15 study for basic and in-service training for police officers
16 and to revoke an officer's certification when an officer
17 fails to comply with the basic and in-service training
18 requirements or is convicted of a criminal offense or the
1 commission determines that the officer is physically or
2 mentally unfit to perform the duties of his office [or [HIS] <--
3 THE OFFICE OR determines that a [police officer] DEPUTY <--
4 SHERIFF IN A COUNTY OF THE SECOND CLASS subject to section
5 2166.1 (relating to prohibition on political activity) has
6 engaged or participated in the conducting of political or
7 election campaign activity in violation of that section]. <--
8 (2) To approve or revoke the approval of any school
9 which may be utilized to comply with the educational and
10 training requirements as established by the commission.
11 (3) To establish the minimum qualifications for
12 instructors, to approve or revoke the approval of any
13 instructor and to develop the requirements for continued
14 certification.
15 (4) To promote the most efficient and economical program
16 for police training by utilizing existing facilities,
17 programs and qualified Federal, State and local police
18 personnel.
19 (5) To make an annual report to the Governor and to the
20 General Assembly concerning the administration of the
21 Municipal Police Officers' Education and Training Program and
22 the activities of the commission, together with
23 recommendations for executive or legislative action necessary
24 for the improvement of law enforcement and the administration
25 of justice.
26 (6) To require every police officer to attend a minimum
27 number of hours of in-service training as provided for by
28 regulation, unless the officer's employer files a show cause
29 document with the commission requesting additional time for
30 the officer to comply with the in-service training
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1 requirements. Approval of this request shall be made by the
2 commission on a case-by-case basis.
3 (7) To require all police officers to undergo a
4 background investigation to determine the individual's
5 suitability for employment as a police officer. This
6 investigation shall be completed prior to the employment of
7 the officer and shall include a criminal history check, a
8 credit check, personal interviews and any other applicable
9 means of determining eligibility. An applicant who has been
10 convicted of a felony or serious misdemeanor shall not be
11 eligible for employment as a police officer.
12 (8) To require minimum standards for physical fitness,
13 psychological evaluation and education as prerequisites to
14 employment as a police officer.
15 (9) To appoint an executive director to administer the
16 training program established by this subchapter. The position
17 of executive director shall be filled by the commission which
18 shall select the best qualified person from a list of three
19 persons nominated by the chairman. The person who receives a
20 simple majority of those members present and voting shall
21 become the executive director. If the commission rejects all
22 nominees, then the process shall be repeated until a person
23 is selected. The executive director shall be directly
24 responsible to the commission and may be dismissed only by
25 two-thirds vote of the commission. The executive director
26 shall employ a sufficient staff, including professional,
27 administrative and clerical personnel, to perform the tasks
28 of the office, including the preparation of an annual budget.
29 (10) To consult and cooperate with universities,
30 colleges, community colleges and institutes for the
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1 development of specialized courses for police officers.
2 (11) To consult and cooperate with departments and
3 agencies of this Commonwealth and other states and the
4 Federal Government concerned with police training.
5 (12) To certify police officers who have satisfactorily
6 completed basic educational and training requirements as
7 established by the commission and to issue appropriate
8 certificates to those police officers.
9 (13) To visit and inspect approved schools at least once
10 a year.
11 (14) To make such rules and regulations and to perform
12 such other duties as may be reasonably necessary or
13 appropriate to implement the education and training program
14 for police officers.
15 (15) To grant waivers of mandatory basic training to
16 police officers who have successfully completed previous
17 equivalent training or who have acceptable full-time police
18 experience, or both.
19 Section 2. Section 2166.1 of Title 53 is repealed. <--
20 SECTION 2. SECTION 2166.1 OF TITLE 53 IS AMENDED TO READ: <--
21 § 2166.1. PROHIBITION ON POLITICAL ACTIVITY.
22 A [POLICE OFFICER AS DEFINED IN SECTION 2162 (RELATING TO
23 DEFINITIONS)] DEPUTY SHERIFF IN A COUNTY OF THE SECOND CLASS WHO
24 IS SUBJECT TO CIVIL SERVICE UNDER THE PROVISIONS OF A STATUTE,
25 LAW OR HOME RULE CHARTER AND WHO IS CERTIFIED UNDER THIS
26 SUBCHAPTER MAY NOT ENGAGE OR PARTICIPATE IN THE CONDUCTING OF
27 ANY POLITICAL OR ELECTION CAMPAIGN OTHERWISE THAN TO EXERCISE
28 THE POLICE OFFICER'S OWN RIGHT OF SUFFRAGE.
29 Section 3. This act shall take effect in 60 days.
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