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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YUDICHAK, VEREB, CALTAGIRONE, MURPHY, BENNINGHOFF, BEYER, CARROLL, CHRISTIANA, CONKLIN, DEASY, EVERETT, FAIRCHILD, FARRY, FLECK, GIBBONS, GROVE, HARPER, KILLION, KNOWLES, KORTZ, PALLONE, READSHAW, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, J. TAYLOR, THOMAS, YOUNGBLOOD AND MURT, JUNE 22, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 22, 2010 |
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| AN ACT |
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1 | Amending Title 22 (Detectives and Private Police) of the |
2 | Pennsylvania Consolidated Statutes, in private police, |
3 | further providing for appointment by nonprofit educational |
4 | corporations. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 22 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 502. Appointment by nonprofit educational corporations. |
10 | (a) Appointment authorized.-- |
11 | (1) A nonprofit educational corporation maintaining any |
12 | buildings or grounds in furtherance of higher education may |
13 | apply to the court of common pleas of the county of the |
14 | registered office of the corporation for the appointment of |
15 | such persons as the corporation may designate to act as |
16 | police officer for the corporation. A nonprofit educational |
17 | corporation operating with locations in more than one county |
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1 | in this Commonwealth must apply for appointment of police |
2 | officers within the jurisdiction where additional locations |
3 | exist. |
4 | (2) The court, upon review of an application submitted |
5 | under paragraph (1), may by order appoint such persons as it |
6 | may deem proper and necessary to be police officers. |
7 | (b) Oath of office.-- |
8 | (1) Police officers appointed under subsection (a) |
9 | shall, before entering upon the duties of their office, take |
10 | and subscribe the oath required by Article VI of the |
11 | Constitution of Pennsylvania. |
12 | (2) Evidence of the oath, together with the decree and |
13 | order of the court, shall be recorded by the recorder of |
14 | deeds of each county in which it is intended that the police |
15 | officers are authorized to act. |
16 | (c) Powers.--A police officer appointed under subsection (a) |
17 | shall: |
18 | (1) Possess and exercise all the powers of a police |
19 | officer in this Commonwealth, in and upon, and adjacent to |
20 | the property of the nonprofit educational corporation, not to |
21 | exceed 500 yards unless otherwise defined. |
22 | (2) Possess and exercise all the powers of a police |
23 | officer in any county in which the police officer may be |
24 | directed by the nonprofit educational corporation to act, and |
25 | may arrest persons for a crime or offense occurring within |
26 | the police officer's jurisdiction, including 75 Pa.C.S |
27 | (relating to vehicles). |
28 | (3) When on duty, wear a metallic shield that includes |
29 | the name of the nonprofit educational corporation which |
30 | appointed the police officer. Police officers so appointed |
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1 | for a college or university shall be referred to as "campus |
2 | police" or "campus police officers" and shall exercise their |
3 | powers and perform their duties only upon successful |
4 | completion of training outlined in 53 Pa.C.S. Ch. 21 Subch. D |
5 | (relating to municipal police education and training). |
6 | (d) Duty to receive persons arrested.--The officials and |
7 | administrators of county correctional institutions and other |
8 | places of detention in any county of this Commonwealth shall |
9 | receive all persons arrested by police officers appointed under |
10 | subsection (a) for purposes of detention until the persons are |
11 | dealt with according to law. |
12 | (e) Limited immunity.--Police officers in the performance of |
13 | their duties under this section shall possess the same |
14 | protections and immunities as afforded to all other police |
15 | officers under 53 Pa.C.S. Ch. 21 Subch. D. |
16 | (f) Criminal justice agency.--A campus police department of |
17 | a college or university shall be considered a "criminal justice |
18 | agency" under 18 Pa.C.S. § 9102 (relating to definitions) only |
19 | after all sworn members have completed training as defined by 53 |
20 | Pa.C.S. Ch. 21 Subch. D or other recognized Commission on Peace |
21 | Officer Standards and Training certified academy. |
22 | (g) Certification.-- |
23 | (1) A campus police department of a college or |
24 | university and recognized as a "criminal justice agency" |
25 | under 18 Pa.C.S. § 9102 shall be eligible to obtain |
26 | certification from the Municipal Police Officers' Education |
27 | and Training Commission. |
28 | (2) Officers currently employed by a department |
29 | established under this section who have received |
30 | certification from the Municipal Police Officers' Education |
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1 | and Training Commission prior to employment by the department |
2 | or any officer who received qualified training to serve as a |
3 | law enforcement officer shall be deemed acceptable for all |
4 | current Municipal Police Officers' Education and Training |
5 | Commission certification upon completion of necessary |
6 | paperwork or written examination. |
7 | (h) Reimbursement for expenses.--All campus police |
8 | departments constituted and maintained by a nonprofit |
9 | educational corporation shall pay for the expenses of all |
10 | personnel attending training as provided by 53 Pa.C.S. § 2170 |
11 | (relating to reimbursement of expenses), including basic academy |
12 | and mandatory in-service training. |
13 | (i) Mutual aid.-- |
14 | (1) A campus police department located within a |
15 | municipality may enter into a mutual aid agreement in which |
16 | the campus police department, at the request of the mayor or |
17 | other executive authority and under the direction of the |
18 | local law enforcement authorities, may exercise those powers |
19 | and perform those duties conferred pursuant to this section |
20 | within the municipality for the limited purpose of aiding |
21 | local authorities in emergency situations. |
22 | (2) When acting under such agreement, a campus police |
23 | officer shall be acting within the scope of the authority of |
24 | 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police |
25 | jurisdiction) and is, at all times, entitled to all the |
26 | rights and benefits accruing under that law. |
27 | (j) Compensation.--The compensation of a police officer |
28 | shall be paid by the nonprofit educational corporation for which |
29 | the police officer is appointed, as may be agreed upon between |
30 | the nonprofit educational corporation and the police officer. |
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1 | (k) Termination of appointment.-- |
2 | (1) When a nonprofit educational corporation no longer |
3 | requires the services of a police officer, it shall file a |
4 | notice to that effect, under its corporate seal, in the |
5 | office of each recorder of deeds where the court decree and |
6 | order of appointment of the police officer were recorded. |
7 | (2) The recorder of deeds shall note this information on |
8 | the margin of the record where the court decree and order |
9 | were recorded, and as of the date of the notation the powers |
10 | of the police officer shall terminate. |
11 | (3) The recorder of deeds shall notify the clerk of the |
12 | court by which the police officer was appointed of the |
13 | termination of the appointment in the county. |
14 | (l) Applicability.-- |
15 | (1) In order to maintain certification and recognition |
16 | of authority under this section, all existing campus police |
17 | departments shall satisfy all requirements of this section by |
18 | July 1, 2014. |
19 | (2) All new requests for recognition under this section |
20 | must satisfy all requirements prior to making application to |
21 | the court of common pleas. |
22 | (m) Construction.--Nothing in this section shall be |
23 | construed as requiring private colleges and universities to |
24 | utilize campus security. However, existing campus police that |
25 | are not appointed under subsection (a) shall remain designated |
26 | as security, and the campus police department in which they are |
27 | employed shall be prohibited from retaining or obtaining any |
28 | confidential or law-enforcement-only criminal justice |
29 | information, database access from any source, internal or |
30 | external, and may not obtain membership on committees or boards |
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1 | established with access to such information. |
2 | (n) Definitions.--As used in this section, the following |
3 | words and phrases shall have the meanings given to them in this |
4 | subsection unless the context clearly indicates otherwise: |
5 | "Certification." The assignment of a certification number to |
6 | a campus police officer after successful completion of a |
7 | mandatory basic training course or receipt of a waiver of basic |
8 | training from the Municipal Police Officers' Education and |
9 | Training Commission and successful completion of mandatory in- |
10 | service training. |
11 | "College." A college which has a campus police department, |
12 | as used in section 2416 of the act of April 9, 1929 (P.L.177, |
13 | No.175), known as The Administrative Code of 1929, certified by |
14 | the Office of Attorney General as a criminal justice agency |
15 | under the definition of "criminal justice agency" in 18 Pa.C.S. |
16 | § 9102 (relating to definitions). |
17 | "Commission." The Municipal Police Officers' Education and |
18 | Training Commission. |
19 | "Nonprofit educational corporation." An accredited, not-for- |
20 | profit, private college or university in this Commonwealth as |
21 | recognized by the Department of Education of the Commonwealth. |
22 | "Police department." Any of the following: |
23 | (1) A public agency of a political subdivision having |
24 | general police powers and charged with making arrests in |
25 | connection with the enforcement of the criminal or traffic |
26 | laws. This paragraph includes the sheriff's office in a |
27 | county of the second class. |
28 | (2) A campus police or university police department, as |
29 | the term is used in section 2416 of the act of April 9, 1929 |
30 | (P.L.177, No.175), known as The Administrative Code of 1929, |
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1 | certified by the Office of Attorney General as a criminal |
2 | justice agency under the definition of "criminal justice |
3 | agency" in 18 Pa.C.S. § 9102 (relating to definitions). This |
4 | paragraph does not include a campus police or university |
5 | police department of the State System of Higher Education and |
6 | its member institutions. |
7 | (3) A railroad or street railway police department |
8 | formed with officers commissioned under Chapter 33 (relating |
9 | to railroad and street railway police) or any prior statute |
10 | providing for such commissioning. |
11 | (4) The Capitol Police. |
12 | (5) The Harrisburg International Airport Police. |
13 | (6) An airport authority police department. |
14 | Section 2. This act shall take effect in 60 days. |
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