PRINTER'S NO. 4340
No. 2864 Session of 2002
INTRODUCED BY BLAUM, WALKO, ROONEY, DeLUCA, STABACK, COY, WANSACZ, GEIST, CORRIGAN, SOLOBAY, GRUCELA, TIGUE, SHANER, BROOKS, HARHAI, YOUNGBLOOD, McGEEHAN, THOMAS, E. Z. TAYLOR, M. COHEN, FREEMAN, G. WRIGHT, JAMES, J. WILLIAMS, PALLONE, WASHINGTON, HORSEY AND STEELMAN, SEPTEMBER 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2002
AN ACT 1 Amending Title 53 (Municipalities Generally) of the Pennsylvania 2 Consolidated Statutes, further providing for municipal police 3 education and training. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. The definition of "police officer" in section 7 2162 of Title 53 of the Pennsylvania Consolidated Statutes is 8 amended and the section is amended by adding a definition to 9 read: 10 § 2162. Definitions. 11 The following words and phrases when used in this subchapter 12 shall have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 * * * 15 "Police officer." Any full-time or part-time employee of a 16 city, borough, town, township, railroad or street railway 17 police, campus police or university police or county police
1 department assigned to criminal or traffic law enforcement 2 duties; any deputy sheriff of a county of the second class; any 3 school police officer; and, for the purpose of training only, 4 security officers of a first class city housing authority. The 5 term excludes persons employed to check parking meters or to 6 perform only administrative duties and auxiliary and fire 7 police. 8 * * * 9 "School police officer." A police officer who has been 10 granted powers under section 778(c)(2) or (3) of the act of 11 March 10, 1949 (P.L.30, No.14), known as the Public School Code 12 of 1949, or who has been authorized to carry a firearm. 13 * * * 14 Section 2. Section 2167 of Title 53 is amended to read: 15 § 2167. Police training. 16 (a) General rule.--All municipalities of this Commonwealth 17 or groups of municipalities acting in concert and all colleges 18 and universities shall be required to train all members of their 19 police departments pursuant to this subchapter prior to their 20 enforcing criminal laws, enforcing moving traffic violations 21 under 75 Pa.C.S. (relating to vehicles) or being authorized to 22 carry a firearm. 23 (a.1) School police officers.--All school districts of this 24 Commonwealth shall be required to train their school police 25 officers pursuant to this subchapter prior to their enforcing 26 criminal laws or enforcing moving traffic violations under 75 27 Pa.C.S. (relating to vehicles). 28 (b) Ineligibility for compensation.--Any person hired as a 29 police officer by any municipality or school district or group 30 of municipalities or school districts acting in concert or by 20020H2864B4340 - 2 -
1 any college or university shall be ineligible to receive any 2 salary, compensation or other consideration for the performance 3 of duties as a police officer unless the person has met all of 4 the requirements as established by the commission and has been 5 duly certified as having met those requirements by the 6 commission. 7 (c) Penalty.--Any official of any municipality [or of any], 8 college or university or school district who orders, authorizes 9 or pays as salary to a person in violation of the provisions of 10 this subchapter commits a summary offense and shall, upon 11 conviction, be sentenced to pay a fine of $100 or be imprisoned 12 for a term not to exceed a period of 30 days. The commission may 13 stop payment of all funds paid or payable to municipalities 14 under this subchapter for any violation of this subchapter. It 15 shall notify the State Treasurer to discontinue disbursement of 16 any State funds until a municipality is in compliance with this 17 subchapter. 18 Section 3. Section 2168 of Title 53 is amended by adding a 19 subsection to read: 20 § 2168. Automatic certification. 21 * * * 22 (e) School police officers.--Any school police officer who, 23 as of the effective date of this subsection, has successfully 24 completed a basic training course similar to that required under 25 this subchapter shall, after review by the commission, be 26 certified as having met the basic training requirements of this 27 subchapter. Any school police officer who, as of the effective 28 date of this subsection, has not successfully completed a basic 29 training course similar to that required under this subchapter 30 which qualifies the police officer for certification shall be 20020H2864B4340 - 3 -
1 able to perform the duties of a school police officer until 2 certified by the commission, but no longer than one year from 3 the effective date of this subsection. 4 Section 4. Section 2170(a), (c) and (d) of Title 53 are 5 amended to read: 6 § 2170. Reimbursement of expenses. 7 (a) General rule.--The commission shall provide for 8 reimbursement to each municipality and school district of the 9 entire amount of the allowable tuition and the ordinary and 10 necessary living and travel expenses incurred by their police 11 officers while attending certified municipal police basic 12 training schools if the municipality [adheres] and school 13 district adhere to the training standards established by the 14 commission. The regular salary of police officers while 15 attending approved schools shall be paid by the employing 16 municipality or school district, as applicable. The commission 17 shall reimburse the employing municipality or school district 18 for 60% of the regular salaries of police officers while 19 attending schools approved under this subchapter. The commission 20 shall require written documentation of all expenses incurred by 21 municipalities or school districts relating to the training of 22 [municipal] police officers for the purposes of reimbursement by 23 the commission. All municipalities and school districts shall 24 annually audit these funds as part of their annual audit and 25 submit a copy of the audit to the commission. Failure to perform 26 the audit and submit a copy of it to the commission shall render 27 the municipality or school district in violation of this 28 subchapter. 29 * * * 30 (c) Application for funding.--All municipalities and school 20020H2864B4340 - 4 -
1 districts of this Commonwealth or groups of municipalities and 2 school districts acting in concert may make application to the 3 commission for funding pursuant to the provisions of this 4 subchapter. The application shall be accompanied by a certified 5 copy of a resolution adopted by its governing body. The 6 resolution shall provide that, while receiving any State funds 7 pursuant to this subchapter, the municipality or school district 8 agrees to adhere to the standards for training established by 9 the commission. The application shall contain any information 10 that the commission requests. 11 (d) Subsequent employment with another municipality or 12 school district.--If a police officer, within two years 13 following certification, terminates his employment with the 14 municipality or school district by which the officer was 15 employed at the time he was certified as having met the 16 commission's requirement and subsequently obtains employment as 17 a police officer with another municipality or school district, 18 the municipality or school district which employs the previously 19 certified police officer shall reimburse the municipality or 20 school district which formerly employed the police officer for 21 the nonreimbursable portion of the salary paid to the police 22 officer while complying with the provisions of this subchapter. 23 * * * 24 Section 5. This act shall take effect in one year. D29L53BIL/20020H2864B4340 - 5 -