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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 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 corporations, |
4 | providing for definitions, for qualifications for |
5 | appointment, for continuing education, for authority, |
6 | jurisdiction and identification, for suspension, revocation, |
7 | limitation and restriction of appointment, for termination of |
8 | appointment and for penalties; and making a repeal of an act |
9 | relating to certain night watchmen. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 501 of Title 22 of the Pennsylvania |
13 | Consolidated Statutes is repealed: |
14 | [§ 501. Appointment by nonprofit corporations. |
15 | (a) Appointment authorized.--Any nonprofit corporation, as |
16 | defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit |
17 | corporations) maintaining a cemetery or any buildings or grounds |
18 | open to the public, or organized for the prevention of cruelty |
19 | to children or aged persons, or one or more of such purposes, |
20 | may apply to the court of common pleas of the county of the |
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1 | registered office of the corporation for the appointment of such |
2 | persons as the corporation may designate to act as policemen for |
3 | the corporation. The court, upon such application, may by order |
4 | appoint such persons, or as many of them as it may deem proper |
5 | and necessary, to be such policemen. |
6 | (b) Oath of office.--Every policeman so appointed shall, |
7 | before entering upon the duties of his office, take and |
8 | subscribe the oath required by the sixth article of the |
9 | Constitution of Pennsylvania. Such oath, together with the |
10 | decree and order of the court, shall be recorded by the recorder |
11 | of deeds of each county in which it is intended that such |
12 | policemen shall act. |
13 | (c) Powers.--Such policemen, so appointed, shall severally |
14 | possess and exercise all the powers of a police officer in this |
15 | Commonwealth, in and upon, and in the immediate and adjacent |
16 | vicinity of, the property of the corporation. Policemen so |
17 | appointed for a corporation organized for the prevention of |
18 | cruelty to children or aged persons, or one or more of such |
19 | purposes, shall severally possess and exercise all the powers of |
20 | a police officer in any county in which they may be directed by |
21 | the corporation to act, and are hereby authorized to arrest |
22 | persons for the commission of any offense of cruelty to children |
23 | or aged persons. The keepers of jails and other places of |
24 | detention in any county of this Commonwealth shall receive all |
25 | persons arrested by such policemen for purposes of detention |
26 | until they are dealt with according to law. Every policeman |
27 | appointed under this section, when on duty, shall wear a |
28 | metallic shield with the words "special officer" and the name of |
29 | the corporation for which appointed inscribed thereon. |
30 | (d) Compensation.--The compensation of such policemen shall |
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1 | be paid by the corporation for which the policemen are |
2 | appointed, as may be agreed upon between the corporation and |
3 | such policemen. |
4 | (e) Termination of appointment.--When any corporation shall |
5 | no longer require the services of any policeman, it shall file a |
6 | notice to that effect, under its corporate seal, in the office |
7 | of each recorder of deeds where the court decree and order of |
8 | appointment of such policeman were recorded. The recorder of |
9 | deeds shall note this information upon the margin of the record |
10 | where the court decree and order were recorded, and thereupon |
11 | the powers of such policeman shall terminate. It shall be the |
12 | duty of the recorder of deeds to notify the clerk of the court |
13 | by which such policeman was appointed of the termination of such |
14 | appointment in such county.] |
15 | Section 2. Title 22 is amended by adding sections to read: |
16 | § 502. Definitions. |
17 | The following words and phrases when used in this chapter |
18 | shall have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Appointing authority." A nonprofit corporation or common |
21 | property owner. This term also includes any nonprofit |
22 | corporation or other individual or entity which, prior to the |
23 | effective date of this section, obtained appointment of a |
24 | policeman pursuant to this chapter or a night watchman pursuant |
25 | to the act of June 26, 1895 (P.L.333, No.248), entitled "An act |
26 | to authorize occupants of real estate in cities and boroughs of |
27 | the Commonwealth to employ night watchmen, with the approval of |
28 | the court of quarter sessions of the proper county or of the |
29 | Director of the Department of Public Safety in any city having |
30 | such a department, and conferring upon the night watchmen thus |
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1 | employed, all rights, privileges and powers of constables and |
2 | policemen duly elected or appointed in such cities or boroughs." |
3 | "Basic training program." The term includes the law |
4 | enforcement training programs under the following: |
5 | (1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal |
6 | police education and training). |
7 | (2) The act of February 9, 1984 (P.L.3, No.2), known as |
8 | the Deputy Sheriffs' Education and Training Act. |
9 | (3) Any other program that has been determined by the |
10 | Commissioner of Pennsylvania State Police to be of sufficient |
11 | scope and duration as to provide the participant with basic |
12 | law enforcement training. |
13 | "Common interest community." The term includes a |
14 | cooperative, a condominium and a planned community where an |
15 | individual by virtue of an ownership interest in any portion of |
16 | real estate is or may become obligated by covenant, easement or |
17 | agreement imposed upon the owner's interest to pay any amount |
18 | for real property taxes, insurance, maintenance, repair, |
19 | improvement, management, administration or regulation of any |
20 | part of the real estate other than the portion or interest owned |
21 | solely by the individual. |
22 | "Common property owner." A person or group of persons who |
23 | owns or occupies real estate in this Commonwealth open to the |
24 | public or a common interest community. |
25 | "Nonprofit corporation." A nonprofit corporation as defined |
26 | in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit |
27 | corporations) that maintains a cemetery or any buildings or |
28 | grounds open to the public. |
29 | "Previously appointed officer." A person appointed prior to |
30 | the effective date of this section as a policeman for a |
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1 | nonprofit corporation pursuant to this chapter or a night |
2 | watchman pursuant to the act of June 26, 1895 (P.L.333, No.248), |
3 | entitled "An act to authorize occupants of real estate in cities |
4 | and boroughs of the Commonwealth to employ night watchmen, with |
5 | the approval of the court of quarter sessions of the proper |
6 | county or of the Director of the Department of Public Safety in |
7 | any city having such a department, and conferring upon the night |
8 | watchmen thus employed, all rights, privileges and powers of |
9 | constables and policemen duly elected or appointed in such |
10 | cities or boroughs." |
11 | "Private police officer." A person who holds a current |
12 | appointment under this chapter to act as a private police |
13 | officer for an appointing authority. The term includes a |
14 | previously appointed officer. |
15 | "Serious misdemeanor." A criminal offense for which more |
16 | than one year in prison can be imposed as a punishment. |
17 | "State." When used in reference to different parts of the |
18 | United States, includes the District of Columbia, the |
19 | Commonwealth of Puerto Rico and a territory and possession of |
20 | the United States. |
21 | § 503. Appointment of private police officer. |
22 | (a) Appointment authorized.-- |
23 | (1) Pursuant to the requirements of this chapter, an |
24 | appointing authority may apply to the court of common pleas |
25 | of a county for the appointment of such persons as the |
26 | appointing authority may designate to act as private police |
27 | officers for the appointing authority within the county. |
28 | (2) The court, upon such application, may by order |
29 | appoint such persons, or as many of them as it may deem |
30 | proper and necessary, to be such private police officers. |
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1 | (b) Oath of office.-- |
2 | (1) Every private police officer so appointed shall, |
3 | before entering upon the duties of his office, take and |
4 | subscribe the oath required by Article VI of the Constitution |
5 | of Pennsylvania. |
6 | (2) The oath, together with the decree and order of the |
7 | court, shall be recorded by the recorder of deeds of each |
8 | county in which it is intended that the private police |
9 | officer shall act. |
10 | (c) Compensation.--The compensation of a private police |
11 | officer shall be paid by the appointing authority for which the |
12 | private police officer is appointed, as provided in the |
13 | employment agreement between the appointing authority and the |
14 | private police officer. |
15 | § 504. Qualifications for appointment. |
16 | (a) General rule.--An individual shall be qualified for an |
17 | appointment as a private police officer if the appointing |
18 | authority submits proof satisfactory to the court of common |
19 | pleas in each county for which the appointing authority directs |
20 | the individual to act as a private police officer that the |
21 | individual meets all of the following requirements: |
22 | (1) Has been a resident of this Commonwealth for the |
23 | previous 12 months. |
24 | (2) Has successfully completed a basic training program. |
25 | (3) Has obtained a criminal history report from the |
26 | Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91 |
27 | (relating to criminal history record information) or a |
28 | statement from the Pennsylvania State Police that the |
29 | Pennsylvania State Police central repository contains no |
30 | pertinent information relating to the individual who is the |
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1 | subject of the application. The criminal history record |
2 | information shall be limited to that which may be |
3 | disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to |
4 | general regulations). |
5 | (4) Has not been convicted of an offense graded a felony |
6 | or a serious misdemeanor. |
7 | (5) Has not been convicted of an offense in another |
8 | country, state or jurisdiction in accordance with the laws of |
9 | that country, state or jurisdiction and the offense is |
10 | equivalent to an offense specified in paragraph (4), |
11 | regardless of its grading in that jurisdiction, state or |
12 | country. |
13 | (6) Has a valid Pennsylvania license to carry a firearm. |
14 | (b) Ongoing qualifications.--An individual appointed as a |
15 | private police officer must continue to meet the requirements of |
16 | subsection (a)(4), (5) and (6) throughout the tenure of the |
17 | individual's appointment. |
18 | § 505. Firearms. |
19 | No individual appointed as a private police officer shall |
20 | carry, possess or use a firearm in the performance of that |
21 | individual's duties unless the individual: |
22 | (1) is so directed by the court of common pleas; and |
23 | (2) holds a current and valid certification in the use |
24 | and handling of firearms pursuant to at least one of the |
25 | following: |
26 | (i) 53 Pa.C.S. Ch. 21 Subch. D (relating to |
27 | municipal police education and training). |
28 | (ii) The act of February 9, 1984 (P.L.3, No.2), |
29 | known as the Deputy Sheriffs' Education and Training Act. |
30 | (iii) The act of October 10, 1974 (P.L.705, No.235), |
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1 | known as the Lethal Weapons Training Act. |
2 | (iv) Any other firearms program that has been |
3 | determined by the Commissioner of Pennsylvania State |
4 | Police to be of sufficient scope and duration as to |
5 | provide the participant with basic training in the use |
6 | and handling of firearms. |
7 | § 506. Continuing education. |
8 | (a) Court-ordered training.--In addition to the requirements |
9 | of section 505 (relating to firearms), the court of common pleas |
10 | in each county for which an appointing authority directs an |
11 | individual to act as a private police officer may specify |
12 | additional continuing education requirements pursuant to 53 |
13 | Pa.C.S. Ch. 21 Subch. D (relating to municipal police education |
14 | and training) or any other training program approved by the |
15 | court. |
16 | (b) Recommendations by commissioner.--The Commissioner of |
17 | Pennsylvania State Police shall establish a list of training |
18 | programs, other than those pursuant to 53 Pa.C.S. Ch. 21 Subch. |
19 | D, that offer appropriate continuing education for and are |
20 | available to private police officers. |
21 | § 507. Authority, jurisdiction and identification. |
22 | (a) Authority.--A private police officer shall severally |
23 | possess and exercise all the following powers and duties within |
24 | the buildings and upon the property located within the |
25 | boundaries of the appointing authority: |
26 | (1) To enforce good order. |
27 | (2) If authorized by the court, to issue summary |
28 | citations or to detain individuals until the law enforcement |
29 | agency that regularly provides primary police services in the |
30 | municipality arrives. |
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1 | (3) If authorized by the court, to exercise the same |
2 | powers as may be exercised under authority of law or |
3 | ordinance by police officers in this Commonwealth. |
4 | (b) Hot pursuit.-- |
5 | (1) If a private police officer leaves the property of |
6 | the appointing authority in hot pursuit of a person suspected |
7 | of criminal activity, the private police officer shall |
8 | immediately communicate with and request the assistance of |
9 | the law enforcement agency that regularly provides primary |
10 | police services in the municipality. |
11 | (2) Upon the appearance of the first law enforcement |
12 | officer in response to the request under paragraph (1), the |
13 | private police officer shall follow the direction of the |
14 | responding law enforcement officer. The direction may |
15 | include, but is not limited to, directions to: |
16 | (i) assist in the apprehension of a person suspected |
17 | of criminal activity; or |
18 | (ii) discontinue the private police officer's |
19 | efforts to apprehend the person suspected of criminal |
20 | activity. |
21 | (c) Detention.--No private police officer may, by virtue of |
22 | this chapter, make an arrest beyond the property of the |
23 | appointing authority, but may detain a person suspected of |
24 | criminal activity for a reasonable period of time until the law |
25 | enforcement agency that regularly provides primary police |
26 | services in the municipality where the appointing authority is |
27 | located arrives to render assistance. |
28 | (d) Limitation.--Whenever a private police officer exercises |
29 | power or authority over any person or event pursuant to this |
30 | chapter, the private police officer shall relinquish authority |
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1 | and control over such person or event at the request of the |
2 | chief law enforcement officer as defined in 42 Pa.C.S. § 8351 |
3 | (relating to wrongful use of civil proceedings), or his |
4 | designee, for the municipality where the person or event is |
5 | located. |
6 | (e) Notice to courts, district attorney and law |
7 | enforcement.--Prior to exercising the power and authority |
8 | specified in this chapter within a county, a private police |
9 | officer shall file notice, along with a copy of the appointment |
10 | granted under this chapter, with the clerk of courts, the |
11 | district attorney of the county, the sheriff of the county and |
12 | the chief law enforcement officer as defined in 42 Pa.C.S. § |
13 | 8351 for the locations where property of the appointing |
14 | authority is located. |
15 | (f) Shield.--A private police officer shall possess a |
16 | metallic shield with the words "private police officer" and the |
17 | name of the appointing authority inscribed thereon. |
18 | (g) Photo identification.--A private police officer shall |
19 | have a photo identification card issued by the appointing |
20 | authority that contains the following: |
21 | (1) A photo of the private police officer taken within |
22 | the previous 24 months. |
23 | (2) The name of the private police officer. |
24 | (3) The signature of the private police officer. |
25 | (4) The name of the appointing authority. |
26 | (5) The address and telephone number of the appointing |
27 | authority. |
28 | (6) The date of issuance of the photo identification |
29 | card. |
30 | § 508. Suspension, revocation, limitation and restriction of |
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1 | appointment. |
2 | (a) Grounds for suspension, revocation, limitation or |
3 | restriction.--By its own action or pursuant to a written |
4 | affidavit filed by a complainant, the court of common pleas that |
5 | appointed a private police officer may, after conducting a |
6 | hearing, suspend, revoke, limit or restrict the appointment of |
7 | the private police officer in the county if the court determines |
8 | the private police officer has: |
9 | (1) Been convicted of: |
10 | (i) a violation of this chapter; |
11 | (ii) an offense graded a felony or a serious |
12 | misdemeanor; or |
13 | (iii) an offense in another country, state or |
14 | jurisdiction in accordance with the laws of that country, |
15 | state or jurisdiction, and the offense is equivalent to |
16 | an offense specified in subparagraph (i), regardless of |
17 | its grading in that country, state or jurisdiction. |
18 | (2) Presented false credentials or documents or made a |
19 | false or misleading statement related to: |
20 | (i) the application for appointment; |
21 | (ii) the satisfactory completion of a basic training |
22 | program or any continuing education; |
23 | (iii) the certification in the use and handling of |
24 | firearms; or |
25 | (iv) any other requirement of this chapter. |
26 | (3) Carried or possessed a firearm in the performance of |
27 | the private police officer's duties in violation of section |
28 | 505 (relating to firearms). |
29 | (4) Failed to maintain a valid Pennsylvania license to |
30 | carry a firearm or such license has been revoked. |
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1 | (5) Abused or misrepresented the authority of the |
2 | private police officer's appointment in a manner that is |
3 | substandard of conduct normally expected of police officers. |
4 | (b) Restoration.--The court of common pleas may restore a |
5 | suspended private police officer appointment of an individual |
6 | if: |
7 | (1) The individual provides to the court evidence |
8 | sufficient to warrant restoration. |
9 | (2) The court determines the grounds for suspension have |
10 | been satisfactorily corrected. |
11 | (3) The individual otherwise qualifies for appointment. |
12 | § 509. Termination of appointment. |
13 | (a) General rule.--All powers and authority granted to an |
14 | individual pursuant to this chapter to act as a private police |
15 | officer shall immediately terminate upon notice to the |
16 | individual from the appointing authority that services are no |
17 | longer required of the individual. |
18 | (b) Notice to court.--The appointing authority must file |
19 | notice within ten days of a termination of an individual as a |
20 | private police officer with each of the individuals and entities |
21 | that received notice of the appointment pursuant to section |
22 | 507(e) (relating to authority, jurisdiction and identification). |
23 | § 510. Penalties. |
24 | (a) Criminal penalties.--In addition to other applicable |
25 | criminal penalties, an individual who violates this chapter |
26 | commits a misdemeanor and shall, upon conviction, be subject to |
27 | imprisonment of up to six months and a fine of up to $1,000. |
28 | (b) Civil penalties.--In addition to any criminal penalties |
29 | or other civil remedy, a person or appointing authority who |
30 | violates this chapter may be subject to a civil penalty of up to |
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1 | $1,000. |
2 | § 511. Applicability to previously appointed officers. |
3 | (a) Qualifications for appointment.--No previously appointed |
4 | officer shall be required to apply for appointment by the court |
5 | of common pleas under this chapter, but such appointment shall |
6 | immediately be terminated by the appointing authority if the |
7 | previously appointed officer fails to comply with section 504(a) |
8 | (4), (5) or (6) (relating to qualifications for appointment). |
9 | (b) Additional requirements.--A previously appointed officer |
10 | shall, after the effective date of this section, be considered a |
11 | private police officer for the purposes of sections 505 |
12 | (relating to firearms), 506 (relating to continuing education), |
13 | 508 (relating to suspension, revocation, limitation and |
14 | restriction of appointment), 509 (relating to termination of |
15 | appointment) and 510 (relating to criminal penalties). |
16 | (c) Identification and notice.--Within 60 days of the |
17 | effective date of this section, a previously appointed officer |
18 | shall comply with the notice, shield and photo identification |
19 | requirements of section 507(e), (f) and (g) (relating to |
20 | authority, jurisdiction and identification). |
21 | § 512. Notice to appointing authorities. |
22 | A court of common pleas that, prior to the effective date of |
23 | this section, appointed a policeman pursuant to this chapter or |
24 | a night watchman pursuant to the act of June 26, 1895 (P.L.333, |
25 | No.248), entitled "An act to authorize occupants of real estate |
26 | in cities and boroughs of the Commonwealth to employ night |
27 | watchmen, with the approval of the court of quarter sessions of |
28 | the proper county or of the Director of the Department of Public |
29 | Safety in any city having such a department, and conferring upon |
30 | the night watchmen thus employed, all rights, privileges and |
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1 | powers of constables and policemen duly elected or appointed in |
2 | such cities or boroughs," shall, within 30 days of the effective |
3 | date of this section, provide notice and a copy of the |
4 | provisions of this chapter to the nonprofit corporation or other |
5 | individual or entity that had obtained the appointment. |
6 | Section 3. Repeals are as follows: |
7 | (1) The General Assembly declares that the repeals under |
8 | paragraph (2) are necessary to effectuate the amendments to |
9 | 22 Pa.C.S. Ch. 5. |
10 | (2) The act of June 26, 1895 (P.L.333, No.248), entitled |
11 | "An act to authorize occupants of real estate in cities and |
12 | boroughs of the Commonwealth to employ night watchmen, with |
13 | the approval of the court of quarter sessions of the proper |
14 | county or of the Director of the Department of Public Safety |
15 | in any city having such a department, and conferring upon the |
16 | night watchmen thus employed, all rights, privileges and |
17 | powers of constables and policemen duly elected or appointed |
18 | in such cities or boroughs," is repealed. |
19 | Section 4. This act shall take effect as follows: |
20 | (1) The addition of 22 Pa.C.S. § 512 shall take effect |
21 | immediately. |
22 | (2) This section shall take effect immediately. |
23 | (3) The remainder of this act shall take effect in 120 |
24 | days. |
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