S0140B0684A00426 NES:EJH 05/02/23 #90 A00426
AMENDMENTS TO SENATE BILL NO. 140
Sponsor: SENATOR HAYWOOD
Printer's No. 684
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles 44 (Law and Justice) and
Amend Bill, page 1, line 2, by inserting after "Statutes,"
providing for investigations; and,
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines and inserting
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 9
INVESTIGATIONS
Sec.
901. Scope of chapter.
902. Definitions.
903. Application.
904. Full and independent investigation.
905. Referral and report.
906. Public response.
§ 901. Scope of chapter.
This chapter relates to community and police response.
§ 902. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Involved police department." A police department that
employs an involved police officer.
"Involved police officer." A police officer that is being
investigated for the use of deadly force.
"Police department." Any of the following:
(1) A police department as defined in 53 Pa.C.S. § 2162
(relating to definitions).
(2) The Pennsylvania State Police.
"Police officer." Any of the following:
(1) A police officer as defined in 53 Pa.C.S. § 2162.
(2) A member of the Pennsylvania State Police.
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"Use of deadly force." An incident in which a police officer
applied a use of force and a death occurred as a result.
"Use of force." As described in 18 Pa.C.S. § 508 (relating
to use of force in law enforcement).
§ 903. Application.
This chapter applies to a use of deadly force by a police
officer.
§ 904. Full and independent investigation.
(a) Selection of team.-- The district attorney of the county
in which a use of deadly force occurred shall assemble and lead
a team, unrelated to the involved police department, of law
enforcement personnel and experts to conduct a full and
independent investigation into the use of deadly force by an
involved police officer in accordance with this chapter. The
district attorney may request that the Attorney General perform
an investigation authorized under this chapter pursuant to
section 205(a)(3) of the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act.
(b) Prohibition.--Except as provided under subsection (c),
o nce an involved police department transfers jurisdiction to the
district attorney to investigate the involved police department,
no member of the involved police department may participate in
the independent investigation unless the following conditions
apply:
(1) Participation is requested by the district attorney.
(2) Participation is in a limited capacity and only as
the district attorney deems necessary for the investigation.
(c) Investigation of departmental directives.--An involved
police department shall investigate an involved police officer
for violations of departmental directives.
(d) Powers and duties of district attorney.--
(1) As part of the investigation under this section, the
district attorney shall, without limitation:
(i) Secure and take jurisdiction of the scene of the
use of deadly force upon arrival as soon as possible.
(ii) Gather and analyze evidence.
(iii) Conduct witness interviews.
(iv) Review and commission any necessary
investigative or scientific reports.
(v) Review audio and video recordings.
(vi) Review photographs.
(vii) Review physical evidence.
(viii) Review geolocation and electronic evidence.
(2) The district attorney shall maintain public trust in
law enforcement by ensuring that the investigation under this
section is conducted without actual bias or conflict of
interest and without an appearance of bias or conflict of
interest.
(3 ) The district attorney shall exercise all other
existing powers and duties of jurisdiction relative to any
investigation of the involved police department over the
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scene of the use of deadly force.
(4) The district attorney shall complete the
investigation under this section within either of the
following time frames:
(i) Within 90 days of the use of deadly force.
(ii) If referred to an investigating grand jury,
within 12 months of the referral or the end of the
investigating grand jury's term, whichever is sooner.
(5) Upon completion of the investigation under this
section, the district attorney shall publish the findings of
the investigation on the publicly accessible Internet website
of the office of district attorney, subject to any exemptions
from access under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, or 18 Pa.C.S. Ch. 91
(relating to criminal history record information).
(e) Compliance.--The involved police department shall have a
duty to comply with the requests of the district attorney
related to the investigation under this section.
§ 905. Referral and report.
(a) Conflict of interest and discretion.--The district
attorney conducting the investigation under section 904
(relating to full and independent investigation) shall avoid an
actual or apparent conflict of interest when determining whether
to file charges against an involved police officer and may
either:
(1) Prosecute the case through the district attorney's
office.
(2) Refer the case to an investigating grand jury under
42 Pa.C.S. Ch. 45 Subch. D (relating to investigating grand
juries), provided the case may only be brought before an
investigating grand jury once.
(3) Refer the case to the Attorney General, in which
case the district attorney shall:
(i) Notify the Attorney General of the referral in
writing within seven days of the decision not to
prosecute.
(ii) Subject to subsection (b), publish a report on
the publicly accessible Internet website of the office of
district attorney within seven days of the decision not
to prosecute, subject to any exemptions from access under
the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law, or 18 Pa.C.S. Ch. 91 (relating to
criminal history record information), which details the
incident in which the use of deadly force was applied and
provides the reasons that the district attorney declines
to prosecute.
(iii) Subject to subsection (c), refer the case and
forward all available investigative materials to the
Attorney General.
(b) Report.--The report under subsection (a)(3)(ii) shall
include, but not be limited to, the following:
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(1) Events leading up to the use of deadly force.
(2) Why the use of force was applied.
(3) Utilization of any deescalation techniques.
(4) The behavior and speech of the victim before and
during the use of deadly force.
(5) The cause of death on the victim's death certificate
and a medical examiner's report.
(6) The behavior and speech by the involved police
officer before, during and after the use of deadly force.
(7) Details of the scene and the use of deadly force.
(c) Investigative materials.--Upon referral to the Attorney
General, the district attorney shall provide all investigative
materials to the Attorney General, including, but not limited
to:
(1) Critical facts of the case.
( 2) All evidence gathered in the investigation.
(3) Any involvement or connections between the involved
police officer and the district attorney.
(4) The report under this section.
§ 906. Public response.
Pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings), the
district attorney conducting the investigation under section 904
(relating to full and independent investigation), or the
Attorney General in the event of referral under section 905
(relating to referral and report), shall conduct a public
meeting to share information and discuss the use of deadly force
with the public no later than seven days after the use of deadly
force occurs.
Section 2. Title 74 is amended by adding a section to read:
Amend Bill, page 10, line 4, by striking out "2" and
inserting
3
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