PRIOR PRINTER'S NO. 1101 PRINTER'S NO. 1218
No. 877 Session of 2003
INTRODUCED BY THOMPSON, MADIGAN, TARTAGLIONE, PILEGGI, PUNT,
ERICKSON, M. WHITE, ORIE, MOWERY, EARLL, RAFFERTY AND
TOMLINSON, JULY 15, 2003
SENATOR CONTI, LAW AND JUSTICE, AS AMENDED, OCTOBER 15, 2003
AN ACT
1 Prohibiting employment of certain individuals as law enforcement
2 officers; requiring suspension of law enforcement officers
3 charged with certain crimes; and establishing dismissal
4 procedures for law enforcement officers convicted of certain
5 crimes.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Confidence in
10 Law Enforcement Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Commonwealth agency." An executive agency, an independent
16 agency, a State-affiliated entity or the General Assembly.
17 "Convicted." Found guilty or entered a plea of guilty or <--
18 nolo contendere, whether or not a judgment of sentence has been
19 imposed, as determined by the law of the jurisdiction in which
1 the prosecution was held. The term does not include a conviction
2 that has been expunged or overturned or for which an individual
3 has been pardoned.
4 "CONVICTION." AN ADJUDICATION OF GUILT INCLUDING THE <--
5 IMPOSITION OF A SENTENCE.
6 "Executive agency." The Governor and each department, board,
7 commission, authority and other officer and agency of the
8 Commonwealth. The term does not include a court or other officer
9 or agency of the unified judicial system, the General Assembly
10 and its officers and agencies or an independent agency or State-
11 affiliated entity.
12 "Independent agency." A board, commission or other agency or
13 officer of the Commonwealth which is not subject to the policy
14 supervision and control of the Governor. The term does not
15 include a State-affiliated entity, a court or other officer or
16 agency of the unified judicial system, the General Assembly and
17 its officers and agencies, a State-related institution,
18 political subdivision or a local, regional or metropolitan
19 transportation authority.
20 "Law enforcement officer." A member of the Pennsylvania
21 State Police Force or an individual employed in a position
22 requiring certification pursuant to 53 Pa.C.S. Ch. 21 (relating
23 to employees).
24 "SERIOUS MISDEMEANOR." A CRIMINAL OFFENSE FOR WHICH MORE <--
25 THAN ONE YEAR IN PRISON CAN BE IMPOSED AS A PUNISHMENT.
26 "State-affiliated entity." A Commonwealth authority or a
27 Commonwealth entity. The term includes the Pennsylvania Turnpike
28 Commission, the Pennsylvania Housing Finance Agency, the
29 Pennsylvania Municipal Retirement System, the Pennsylvania
30 Infrastructure Investment Authority, the State Public School
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1 Building Authority, the Pennsylvania Higher Educational
2 Facilities Authority and the State System of Higher Education.
3 The term does not include a court or other officer or agency of
4 the unified judicial system, the General Assembly and its
5 officers and agencies, a State-related institution, political
6 subdivision or a local, regional or metropolitan transportation
7 authority.
8 "State-related institution." The Pennsylvania State
9 University, the University of Pittsburgh, Lincoln University or
10 Temple University.
11 Section 3. Prohibition against employing certain persons.
12 A Commonwealth agency, State-related institution, political
13 subdivision, municipal authority, local, regional or
14 metropolitan transportation authority or a person that requires <--
15 an individual to be certified in accordance with 53 Pa.C.S. Ch.
16 21 (relating to employees) as a condition of employment shall
17 ANY OTHER PERSON SHALL not employ or continue to employ an <--
18 individual as a law enforcement officer when the individual has
19 been:
20 (1) Convicted of an offense graded a felony or a
21 misdemeanor of the first or second degree SERIOUS <--
22 MISDEMEANOR.
23 (2) Convicted of an offense in another jurisdiction,
24 state, territory or country IN ACCORDANCE WITH THE LAWS OF <--
25 THAT JURISDICTION, STATE, TERRITORY OR COUNTRY, and the
26 offense is equivalent to an offense specified in subsection <--
27 PARAGRAPH (1) regardless of its grading in that jurisdiction, <--
28 state, territory or country.
29 Section 4. Suspension.
30 A EXCEPT IN THE CASE OF A MEMBER OF THE PENNSYLVANIA STATE <--
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1 POLICE, A law enforcement officer charged with an offense that
2 would prohibit employment under section 3 shall be immediately
3 suspended from EMPLOYMENT FROM law enforcement until final <--
4 disposition of the charge or upon acceptance into a program of
5 Accelerated Rehabilitative Disposition, whichever occurs first.
6 IN THE CASE OF A MEMBER OF THE PENNSYLVANIA STATE POLICE, A LAW <--
7 ENFORCEMENT OFFICER SHALL IMMEDIATELY BE SUSPENDED FROM
8 EMPLOYMENT UNTIL FINAL DISPOSITION OF THE CHARGE OR UPON
9 ACCEPTANCE INTO A PROGRAM OF ACCELERATED REHABILITATIVE
10 DISPOSITION, WHICHEVER OCCURS FIRST. If a judge terminates the
11 program of Accelerated Rehabilitative Disposition prior to
12 completion in accordance with Pa.R.Crim.P. No.318 (relating to
13 procedure on charge of violation of conditions), the suspension
14 shall be reinstated until final disposition of the charge.
15 Section 5. Termination of employment.
16 (a) General rule.--An employer of an individual who is a law
17 enforcement officer and who is or becomes ineligible for
18 employment as a law enforcement officer pursuant to this act <--
19 SECTION 3 shall immediately terminate the employment of the <--
20 individual as a law enforcement officer.
21 (b) Pennsylvania State Police Force.-- <--
22 (1) The Commissioner of the Pennsylvania State Police
23 shall terminate the employment of individuals as law
24 enforcement officers in accordance with the court martial
25 procedures of section 711 of the act of April 9, 1929
26 (P.L.177, No.175), known as The Administrative Code of 1929.
27 The employment termination shall be conducted solely pursuant
28 to section 711 procedures and these procedures shall not be
29 modified or supplemented by agreement or arbitration. No
30 election or substitution of procedures by the commissioner or
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1 a law enforcement officer shall be permitted.
2 (2) A court martial board convened pursuant to this
3 section shall have jurisdiction only to determine whether or
4 not a law enforcement officer was convicted of an offense
5 requiring termination under this act.
6 (c) (B) Termination proceeding.--The introduction of a <--
7 certified copy of a conviction for an offense that would
8 prohibit employment under section 3 shall be sufficient evidence
9 to terminate a law enforcement officer.
10 Section 6. Repeal.
11 All acts and parts of acts are repealed insofar as they are
12 inconsistent with this act.
13 SECTION 7. CONSTRUCTION. <--
14 THIS ACT MAY NOT BE MODIFIED OR SUPPLEMENTED UNLESS BY ORDER
15 OF A COURT OR AN ACT OF THE GENERAL ASSEMBLY.
16 Section 7 8. Applicability. <--
17 Section 5(b) is inapplicable to terminations occurring before <--
18 July 1, 2006.
19 THIS ACT IS APPLICABLE TO LAW ENFORCEMENT OFFICERS WHO ARE <--
20 CONVICTED ON OR AFTER JULY 1, 2004. THIS ACT DOES NOT APPLY TO
21 CONVICTIONS OCCURRING BEFORE JULY 1, 2004.
22 Section 8 9. Effective date. <--
23 This act shall take effect in 60 days.
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