Bill Text: PA HB2406 | 2009-2010 | Regular Session | Introduced

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Bill Title: In private police, further providing for appointment by nonprofit corporations, providing for definitions, for qualifications for appointment, for continuing education, for authority, jurisdiction and identification, for suspension, revocation, limitation and restriction of appointment, for termination of appointment and for penalties; and making a repeal of an act relating to certain night watchmen.

Spectrum: Moderate Partisan Bill (Republican 20-5)

Status: (Introduced - Dead) 2010-04-12 - Referred to JUDICIARY [HB2406 Detail]

Download: Pennsylvania-2009-HB2406-Introduced.html

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PRINTER'S NO. 3511
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2406 Session of2010
INTRODUCED BY PEIFER, CREIGHTON, FLECK, BEYER, CARROLL, EVERETT, GEIST, GINGRICH, GROVE, HENNESSEY, HESS, HORNAMAN, KNOWLES, MAJOR, MILLARD, MILLER, MOUL, MURT, PASHINSKI, PHILLIPS, QUINN, SCAVELLO, SIPTROTH AND SONNEY, APRIL 12, 2010
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2010
AN ACT
Amending Title 22 (Detectives and Private Police) of the
Pennsylvania Consolidated Statutes, in private police,
further providing for appointment by nonprofit corporations,
providing for definitions, for qualifications for
appointment, for continuing education, for authority,
jurisdiction and identification, for suspension, revocation,
limitation and restriction of appointment, for termination of
appointment and for penalties; and making a repeal of an act
relating to certain night watchmen.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501 of Title 22 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 501. Appointment by nonprofit corporations.
(a) Appointment authorized.--Any nonprofit corporation, as
defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
corporations) maintaining a cemetery or any buildings or grounds
open to the public, or organized for the prevention of cruelty
to children or aged persons, or one or more of such purposes,
may apply to the court of common pleas of the county of the
registered office of the corporation for the appointment of such
persons as the corporation may designate to act as policemen for
the corporation. The court, upon such application, may by order
appoint such persons, or as many of them as it may deem proper
and necessary, to be such policemen.
(b) Oath of office.--Every policeman so appointed shall,
before entering upon the duties of his office, take and
subscribe the oath required by the sixth article of the
Constitution of Pennsylvania. Such oath, together with the
decree and order of the court, shall be recorded by the recorder
of deeds of each county in which it is intended that such
policemen shall act.
(c) Powers.--Such policemen, so appointed, shall severally
possess and exercise all the powers of a police officer in this
Commonwealth, in and upon, and in the immediate and adjacent
vicinity of, the property of the corporation. Policemen so
appointed for a corporation organized for the prevention of
cruelty to children or aged persons, or one or more of such
purposes, shall severally possess and exercise all the powers of
a police officer in any county in which they may be directed by
the corporation to act, and are hereby authorized to arrest
persons for the commission of any offense of cruelty to children
or aged persons. The keepers of jails and other places of
detention in any county of this Commonwealth shall receive all
persons arrested by such policemen for purposes of detention
until they are dealt with according to law. Every policeman
appointed under this section, when on duty, shall wear a
metallic shield with the words "special officer" and the name of
the corporation for which appointed inscribed thereon.
(d) Compensation.--The compensation of such policemen shall
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be paid by the corporation for which the policemen are
appointed, as may be agreed upon between the corporation and
such policemen.
(e) Termination of appointment.--When any corporation shall
no longer require the services of any policeman, it shall file a
notice to that effect, under its corporate seal, in the office
of each recorder of deeds where the court decree and order of
appointment of such policeman were recorded. The recorder of
deeds shall note this information upon the margin of the record
where the court decree and order were recorded, and thereupon
the powers of such policeman shall terminate. It shall be the
duty of the recorder of deeds to notify the clerk of the court
by which such policeman was appointed of the termination of such
appointment in such county.]
Section 2. Title 22 is amended by adding sections to read:
§ 502. 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:
"Appointing authority." A nonprofit corporation or common
property owner. This term also includes any nonprofit
corporation or other individual or entity which, prior to the
effective date of this section, obtained appointment of a
policeman pursuant to this chapter or a night watchman pursuant
to the act of June 26, 1895 (P.L.333, No.248), entitled "An act
to authorize occupants of real estate in cities and boroughs of
the Commonwealth to employ night watchmen, with the approval of
the court of quarter sessions of the proper county or of the
Director of the Department of Public Safety in any city having
such a department, and conferring upon the night watchmen thus
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employed, all rights, privileges and powers of constables and
policemen duly elected or appointed in such cities or boroughs."
"Basic training program." The term includes the law
enforcement training programs under the following:
(1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
police education and training).
(2) The act of February 9, 1984 (P.L.3, No.2), known as
the Deputy Sheriffs' Education and Training Act.
(3) Any other program that has been determined by the
Commissioner of Pennsylvania State Police to be of sufficient
scope and duration as to provide the participant with basic
law enforcement training.
"Common interest community." The term includes a
cooperative, a condominium and a planned community where an
individual by virtue of an ownership interest in any portion of
real estate is or may become obligated by covenant, easement or
agreement imposed upon the owner's interest to pay any amount
for real property taxes, insurance, maintenance, repair,
improvement, management, administration or regulation of any
part of the real estate other than the portion or interest owned
solely by the individual.
"Common property owner." A person or group of persons who
owns or occupies real estate in this Commonwealth open to the
public or a common interest community.
"Nonprofit corporation." A nonprofit corporation as defined
in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
corporations) that maintains a cemetery or any buildings or
grounds open to the public.
"Previously appointed officer." A person appointed prior to
the effective date of this section as a policeman for a
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nonprofit corporation pursuant to this chapter or a night
watchman pursuant to the act of June 26, 1895 (P.L.333, No.248),
entitled "An act to authorize occupants of real estate in cities
and boroughs of the Commonwealth to employ night watchmen, with
the approval of the court of quarter sessions of the proper
county or of the Director of the Department of Public Safety in
any city having such a department, and conferring upon the night
watchmen thus employed, all rights, privileges and powers of
constables and policemen duly elected or appointed in such
cities or boroughs."
"Private police officer." A person who holds a current
appointment under this chapter to act as a private police
officer for an appointing authority. The term includes a
previously appointed officer.
"Serious misdemeanor." A criminal offense for which more
than one year in prison can be imposed as a punishment.
"State." When used in reference to different parts of the
United States, includes the District of Columbia, the
Commonwealth of Puerto Rico and a territory and possession of
the United States.
§ 503. Appointment of private police officer.
(a) Appointment authorized.--
(1) Pursuant to the requirements of this chapter, an
appointing authority may apply to the court of common pleas
of a county for the appointment of such persons as the
appointing authority may designate to act as private police
officers for the appointing authority within the county.
(2) The court, upon such application, may by order
appoint such persons, or as many of them as it may deem
proper and necessary, to be such private police officers.
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(b) Oath of office.--
(1) Every private police officer so appointed shall,
before entering upon the duties of his office, take and
subscribe the oath required by Article VI of the Constitution
of Pennsylvania.
(2) The oath, together with the decree and order of the
court, shall be recorded by the recorder of deeds of each
county in which it is intended that the private police
officer shall act.
(c) Compensation.--The compensation of a private police
officer shall be paid by the appointing authority for which the
private police officer is appointed, as provided in the
employment agreement between the appointing authority and the
private police officer.
§ 504. Qualifications for appointment.
(a) General rule.--An individual shall be qualified for an
appointment as a private police officer if the appointing
authority submits proof satisfactory to the court of common
pleas in each county for which the appointing authority directs
the individual to act as a private police officer that the
individual meets all of the following requirements:
(1) Has been a resident of this Commonwealth for the
previous 12 months.
(2) Has successfully completed a basic training program.
(3) Has obtained a criminal history report from the
Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91
(relating to criminal history record information) or a
statement from the Pennsylvania State Police that the
Pennsylvania State Police central repository contains no
pertinent information relating to the individual who is the
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subject of the application. The criminal history record
information shall be limited to that which may be
disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
general regulations).
(4) Has not been convicted of an offense graded a felony
or a serious misdemeanor.
(5) Has not been convicted of an offense in another
country, state or jurisdiction in accordance with the laws of
that country, state or jurisdiction and the offense is
equivalent to an offense specified in paragraph (4),
regardless of its grading in that jurisdiction, state or
country.
(6) Has a valid Pennsylvania license to carry a firearm.
(b) Ongoing qualifications.--An individual appointed as a
private police officer must continue to meet the requirements of
subsection (a)(4), (5) and (6) throughout the tenure of the
individual's appointment.
§ 505. Firearms.
No individual appointed as a private police officer shall
carry, possess or use a firearm in the performance of that
individual's duties unless the individual:
(1) is so directed by the court of common pleas; and
(2) holds a current and valid certification in the use
and handling of firearms pursuant to at least one of the
following:
(i) 53 Pa.C.S. Ch. 21 Subch. D (relating to
municipal police education and training).
(ii) The act of February 9, 1984 (P.L.3, No.2),
known as the Deputy Sheriffs' Education and Training Act.
(iii) The act of October 10, 1974 (P.L.705, No.235),
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known as the Lethal Weapons Training Act.
(iv) Any other firearms program that has been
determined by the Commissioner of Pennsylvania State
Police to be of sufficient scope and duration as to
provide the participant with basic training in the use
and handling of firearms.
§ 506. Continuing education.
(a) Court-ordered training.--In addition to the requirements
of section 505 (relating to firearms), the court of common pleas
in each county for which an appointing authority directs an
individual to act as a private police officer may specify
additional continuing education requirements pursuant to 53
Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
and training) or any other training program approved by the
court.
(b) Recommendations by commissioner.--The Commissioner of
Pennsylvania State Police shall establish a list of training
programs, other than those pursuant to 53 Pa.C.S. Ch. 21 Subch.
D, that offer appropriate continuing education for and are
available to private police officers.
§ 507. Authority, jurisdiction and identification.
(a) Authority.--A private police officer shall severally
possess and exercise all the following powers and duties within
the buildings and upon the property located within the
boundaries of the appointing authority:
(1) To enforce good order.
(2) If authorized by the court, to issue summary
citations or to detain individuals until the law enforcement
agency that regularly provides primary police services in the
municipality arrives.
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(3) If authorized by the court, to exercise the same
powers as may be exercised under authority of law or
ordinance by police officers in this Commonwealth.
(b) Hot pursuit.--
(1) If a private police officer leaves the property of
the appointing authority in hot pursuit of a person suspected
of criminal activity, the private police officer shall
immediately communicate with and request the assistance of
the law enforcement agency that regularly provides primary
police services in the municipality.
(2) Upon the appearance of the first law enforcement
officer in response to the request under paragraph (1), the
private police officer shall follow the direction of the
responding law enforcement officer. The direction may
include, but is not limited to, directions to:
(i) assist in the apprehension of a person suspected
of criminal activity; or
(ii) discontinue the private police officer's
efforts to apprehend the person suspected of criminal
activity.
(c) Detention.--No private police officer may, by virtue of
this chapter, make an arrest beyond the property of the
appointing authority, but may detain a person suspected of
criminal activity for a reasonable period of time until the law
enforcement agency that regularly provides primary police
services in the municipality where the appointing authority is
located arrives to render assistance.
(d) Limitation.--Whenever a private police officer exercises
power or authority over any person or event pursuant to this
chapter, the private police officer shall relinquish authority
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and control over such person or event at the request of the
chief law enforcement officer as defined in 42 Pa.C.S. § 8351
(relating to wrongful use of civil proceedings), or his
designee, for the municipality where the person or event is
located.
(e) Notice to courts, district attorney and law
enforcement.--Prior to exercising the power and authority
specified in this chapter within a county, a private police
officer shall file notice, along with a copy of the appointment
granted under this chapter, with the clerk of courts, the
district attorney of the county, the sheriff of the county and
the chief law enforcement officer as defined in 42 Pa.C.S. §
8351 for the locations where property of the appointing
authority is located.
(f) Shield.--A private police officer shall possess a
metallic shield with the words "private police officer" and the
name of the appointing authority inscribed thereon.
(g) Photo identification.--A private police officer shall
have a photo identification card issued by the appointing
authority that contains the following:
(1) A photo of the private police officer taken within
the previous 24 months.
(2) The name of the private police officer.
(3) The signature of the private police officer.
(4) The name of the appointing authority.
(5) The address and telephone number of the appointing
authority.
(6) The date of issuance of the photo identification
card.
§ 508. Suspension, revocation, limitation and restriction of
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appointment.
(a) Grounds for suspension, revocation, limitation or
restriction.--By its own action or pursuant to a written
affidavit filed by a complainant, the court of common pleas that
appointed a private police officer may, after conducting a
hearing, suspend, revoke, limit or restrict the appointment of
the private police officer in the county if the court determines
the private police officer has:
(1) Been convicted of:
(i) a violation of this chapter;
(ii) an offense graded a felony or a serious
misdemeanor; or
(iii) an offense in another country, state or
jurisdiction in accordance with the laws of that country,
state or jurisdiction, and the offense is equivalent to
an offense specified in subparagraph (i), regardless of
its grading in that country, state or jurisdiction.
(2) Presented false credentials or documents or made a
false or misleading statement related to:
(i) the application for appointment;
(ii) the satisfactory completion of a basic training
program or any continuing education;
(iii) the certification in the use and handling of
firearms; or
(iv) any other requirement of this chapter.
(3) Carried or possessed a firearm in the performance of
the private police officer's duties in violation of section
505 (relating to firearms).
(4) Failed to maintain a valid Pennsylvania license to
carry a firearm or such license has been revoked.
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(5) Abused or misrepresented the authority of the
private police officer's appointment in a manner that is
substandard of conduct normally expected of police officers.
(b) Restoration.--The court of common pleas may restore a
suspended private police officer appointment of an individual
if:
(1) The individual provides to the court evidence
sufficient to warrant restoration.
(2) The court determines the grounds for suspension have
been satisfactorily corrected.
(3) The individual otherwise qualifies for appointment.
§ 509. Termination of appointment.
(a) General rule.--All powers and authority granted to an
individual pursuant to this chapter to act as a private police
officer shall immediately terminate upon notice to the
individual from the appointing authority that services are no
longer required of the individual.
(b) Notice to court.--The appointing authority must file
notice within ten days of a termination of an individual as a
private police officer with each of the individuals and entities
that received notice of the appointment pursuant to section
507(e) (relating to authority, jurisdiction and identification).
§ 510. Penalties.
(a) Criminal penalties.--In addition to other applicable
criminal penalties, an individual who violates this chapter
commits a misdemeanor and shall, upon conviction, be subject to
imprisonment of up to six months and a fine of up to $1,000.
(b) Civil penalties.--In addition to any criminal penalties
or other civil remedy, a person or appointing authority who
violates this chapter may be subject to a civil penalty of up to
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$1,000.
§ 511. Applicability to previously appointed officers.
(a) Qualifications for appointment.--No previously appointed
officer shall be required to apply for appointment by the court
of common pleas under this chapter, but such appointment shall
immediately be terminated by the appointing authority if the
previously appointed officer fails to comply with section 504(a)
(4), (5) or (6) (relating to qualifications for appointment).
(b) Additional requirements.--A previously appointed officer
shall, after the effective date of this section, be considered a
private police officer for the purposes of sections 505
(relating to firearms), 506 (relating to continuing education),
508 (relating to suspension, revocation, limitation and
restriction of appointment), 509 (relating to termination of
appointment) and 510 (relating to criminal penalties).
(c) Identification and notice.--Within 60 days of the
effective date of this section, a previously appointed officer
shall comply with the notice, shield and photo identification
requirements of section 507(e), (f) and (g) (relating to
authority, jurisdiction and identification).
§ 512. Notice to appointing authorities.
A court of common pleas that, prior to the effective date of
this section, appointed a policeman pursuant to this chapter or
a night watchman pursuant to the act of June 26, 1895 (P.L.333,
No.248), entitled "An act to authorize occupants of real estate
in cities and boroughs of the Commonwealth to employ night
watchmen, with the approval of the court of quarter sessions of
the proper county or of the Director of the Department of Public
Safety in any city having such a department, and conferring upon
the night watchmen thus employed, all rights, privileges and
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powers of constables and policemen duly elected or appointed in
such cities or boroughs," shall, within 30 days of the effective
date of this section, provide notice and a copy of the
provisions of this chapter to the nonprofit corporation or other
individual or entity that had obtained the appointment.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the amendments to
22 Pa.C.S. Ch. 5.
(2) The act of June 26, 1895 (P.L.333, No.248), entitled
"An act to authorize occupants of real estate in cities and
boroughs of the Commonwealth to employ night watchmen, with
the approval of the court of quarter sessions of the proper
county or of the Director of the Department of Public Safety
in any city having such a department, and conferring upon the
night watchmen thus employed, all rights, privileges and
powers of constables and policemen duly elected or appointed
in such cities or boroughs," is repealed.
Section 4. This act shall take effect as follows:
(1) The addition of 22 Pa.C.S. § 512 shall take effect
immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 120
days.
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