PRIOR PRINTER'S NOS. 1101, 1218 PRINTER'S NO. 1247
No. 877 Session of 2003
INTRODUCED BY THOMPSON, MADIGAN, TARTAGLIONE, PILEGGI, PUNT,
ERICKSON, M. WHITE, ORIE, MOWERY, EARLL, RAFFERTY AND
TOMLINSON, JULY 15, 2003
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 28, 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 "Conviction." An adjudication of guilt including the
18 imposition of a sentence.
19 "Executive agency." The Governor and each department, board,
1 commission, authority and other officer and agency of the
2 Commonwealth. The term does not include a court or other officer
3 or agency of the unified judicial system, the General Assembly
4 and its officers and agencies or an independent agency or State-
5 affiliated entity.
6 "Independent agency." A board, commission or other agency or
7 officer of the Commonwealth which is not subject to the policy
8 supervision and control of the Governor. The term does not
9 include a State-affiliated entity, a court or other officer or
10 agency of the unified judicial system, the General Assembly and
11 its officers and agencies, a State-related institution,
12 political subdivision or a local, regional or metropolitan
13 transportation authority.
14 "Law enforcement officer." A member of the Pennsylvania
15 State Police Force or an individual employed in a position
16 requiring certification pursuant to 53 Pa.C.S. Ch. 21 (relating
17 to employees).
18 "Serious misdemeanor." A criminal offense for which more
19 than one year in prison can be imposed as a punishment.
20 "State-affiliated entity." A Commonwealth authority or a
21 Commonwealth entity. The term includes the Pennsylvania Turnpike
22 Commission, the Pennsylvania Housing Finance Agency, the
23 Pennsylvania Municipal Retirement System, the Pennsylvania
24 Infrastructure Investment Authority, the State Public School
25 Building Authority, the Pennsylvania Higher Educational
26 Facilities Authority and the State System of Higher Education.
27 The term does not include a court or other officer or agency of
28 the unified judicial system, the General Assembly and its
29 officers and agencies, a State-related institution, political
30 subdivision or a local, regional or metropolitan transportation
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1 authority.
2 "State-related institution." The Pennsylvania State
3 University, the University of Pittsburgh, Lincoln University or
4 Temple University.
5 Section 3. Prohibition against employing certain persons.
6 A Commonwealth agency, State-related institution, political
7 subdivision, municipal authority, local, regional or
8 metropolitan transportation authority or any other person shall
9 not employ or continue to employ an individual as a law
10 enforcement officer when the individual has been:
11 (1) Convicted of an offense graded a felony or a serious
12 misdemeanor.
13 (2) Convicted of an offense in another jurisdiction,
14 state, territory or country in accordance with the laws of
15 that jurisdiction, state, territory or country, and the
16 offense is equivalent to an offense specified in paragraph
17 (1) regardless of its grading in that jurisdiction, state,
18 territory or country.
19 Section 4. Suspension.
20 Except in the case of a member of the Pennsylvania State
21 Police, a law enforcement officer charged with an offense that
22 would prohibit employment under section 3 shall be immediately
23 suspended from employment from IN law enforcement until final <--
24 disposition of the charge or upon acceptance into a program of
25 Accelerated Rehabilitative Disposition, whichever occurs first.
26 In the case of a member of the Pennsylvania State Police, a law
27 enforcement officer shall immediately be suspended from
28 employment until final disposition of the charge or upon
29 acceptance into a program of Accelerated Rehabilitative
30 Disposition, whichever occurs first. If a judge terminates the
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1 program of Accelerated Rehabilitative Disposition prior to
2 completion in accordance with Pa.R.Crim.P. No.318 (relating to
3 procedure on charge of violation of conditions), the suspension
4 shall be reinstated until final disposition of the charge.
5 Section 5. Termination of employment.
6 (a) General rule.--An employer of an individual who is a law
7 enforcement officer and who is or becomes ineligible for
8 employment as a law enforcement officer pursuant to section 3
9 shall immediately terminate the employment of the individual as
10 a law enforcement officer.
11 (b) Termination proceeding.--The introduction of a certified
12 copy of a conviction for an offense that would prohibit
13 employment under section 3 shall be sufficient evidence to
14 terminate a law enforcement officer.
15 Section 6. Repeal.
16 All acts and parts of acts are repealed insofar as they are
17 inconsistent with this act.
18 Section 7. Construction.
19 This act may not be modified or supplemented unless by order
20 of a court or an act of the General Assembly.
21 Section 8. Applicability.
22 This act SECTION 5 is applicable to law enforcement officers <--
23 who are convicted on or after July 1, 2004. This act SECTION 5 <--
24 does not apply to convictions occurring before July 1, 2004.
25 Section 9. Effective date.
26 This act shall take effect in 60 days.
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