2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 121 - JUDICIAL CODE (42 PA.C.S.) AND MUNICIPALITIES (53 PA.C.S.) - AUTOMATIC CERTIFICATION BY THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION

Session of 2022

No. 2022-121

 

HB 1988

 

AN ACT

 

Amending Titles 42 (Judiciary and Judicial Procedure) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in recordings by law enforcement officers, further providing for definitions; in employees, further providing for definitions; and providing for automatic certification by the Municipal Police Officers' Education and Training Commission.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The definition of "law enforcement officer" in section 67A01 of Title 42 of the Pennsylvania Consolidated Statutes is amended to read:

§ 67A01.  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:

* * *

"Law enforcement officer."  [An officer of the United States, the Commonwealth or a political subdivision thereof, another state or political subdivision thereof or who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter or an equivalent crime in another jurisdiction, a sheriff or deputy sheriff and any attorney authorized by law to prosecute or participate in the prosecution of the offense.] A member of the Pennsylvania State Police, an individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), a sheriff or a deputy sheriff.

* * *

Section 2.  The definitions of "college," "police department," "police officer" and "university" in section 2162 of Title 53 are amended to read:

§ 2162.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

* * *

"College."  A college which has a campus police department, as used in section 2416 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, certified by the Office of Attorney General as a criminal justice agency under the definition of "criminal justice agency" in 18 Pa.C.S. § 9102 (relating to definitions). [The term does not include the State System of Higher Education and its member institutions.]

* * *

"Police department."  Any of the following:

(1)  A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of the criminal or traffic laws. This paragraph includes the sheriff's office in a county of the second class.

(2)  A campus police or university police department, as used in section 2416 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, certified by the Office of Attorney General as a criminal justice agency under the definition of "criminal justice agency" in 18 Pa.C.S. § 9102 (relating to definitions). [This paragraph does not include a campus police or university police department of the State System of Higher Education and its member institutions.]

(3)  A railroad or street railway police department formed with officers commissioned under 22 Pa.C.S. Ch. 33 (relating to railroad and street railway police) or any prior statute providing for such commissioning.

(4)  The Capitol Police.

(5)  The Harrisburg International Airport Police.

(6)  An airport authority police department.

(7)  A county park police force under section 2511(b) of the act of August 9, 1955 (P.L.323, No.130), known as The County Code.

"Police officer."  Any of the following:

(1)  A full-time or part-time employee assigned to criminal or traffic law enforcement duties of any of the following:

(i)  A police department of a county, city, borough, town or township.

(ii)  Any railroad or street railway police.

(iii)  Any campus or university police department, including the State System of Higher Education and its member institutions.

(iv)  The Capitol Police.

(v)  The Harrisburg International Airport Police.

(vi)  An airport authority police department.

(2)  A deputy sheriff of a county of the second class.

(3)  A security officer of a first class city housing authority or a police officer of a second class city housing authority.

(4)  A county park police officer.

The term excludes persons employed to check parking meters or to perform only administrative duties and auxiliary and fire police.

* * *

"University."  A university which has a campus police department, as used in section 2416 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, certified by the Office of Attorney General as a criminal justice agency under the definition of "criminal justice agency" in 18 Pa.C.S. § 9102 (relating to definitions). [The term does not include the State System of Higher Education and its member institutions.]

Section 3.  Section 2168 of Title 53 is amended by adding a subsection to read:

§ 2168.  Automatic certification.

* * *

(e)  School police officer certification.--Notwithstanding any other provision of law to the contrary, a school police officer, as defined in section 1301-C of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, shall be eligible to maintain certification if the school police officer meets the following:

(1)  Satisfactorily completed the basic educational and training requirements established under this subchapter.

(2)  Satisfactorily completed the minimum number of in-service training hours established by the commission and required to maintain certification.

(3)  Either:

(i)  has an active certification on or after the effective date of this subsection; or

(ii)  was previously certified as a police officer by the commission, which certification lapsed within the last two years, and has been employed, with no lapse in service, as a school police officer in this Commonwealth under section 1302-C of the Public School Code of 1949.

Section 4.  Campus police, as defined in section 2001-A(20) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, who have successfully completed the basic training course from the commission and obtained a psychological evaluation for employment as a law enforcement officer before the effective date of this section shall be automatically certified by the Municipal Police Officers' Education and Training Commission.

Section 5.  This act shall take effect immediately.

 

APPROVED--The 3rd day of November, A.D. 2022.

 

TOM WOLF