PRINTER'S NO. 806

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

715

Session of

2013

 

 

 

INTRODUCED BY METCALFE, BAKER, BENNINGHOFF, BLOOM, BOBACK, CAUSER, D. COSTA, DENLINGER, EMRICK, EVERETT, GABLER, HESS, KAUFFMAN, KNOWLES, MARSHALL, MILLARD, MURT, REED, ROCK, SWANGER AND TALLMAN, FEBRUARY 13, 2013

 

 

REFERRED TO COMMITEE ON EDUCATION, FEBRUARY 13, 2013

 

 

 

AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for school police
6officers; and providing for school security personnel.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 778 of the act of March 10, 1949 (P.L.30,
10No.14), known as the Public School Code of 1949, amended or
11added June 25, 1997 (P.L.297, No.30) and July 4, 2004 (P.L.536,
12No.70), is amended to read:

13Section 778. School Police Officers.--(a) Any school
14district may apply to any judge of the court of common pleas of
15the county within which the school district is situated to
16appoint such person or persons as the board of directors of the
17school district may designate to act as school police officer
18for said school district. The judge, upon such application, may
19appoint such person, or so many of them as he may deem proper,

1to be such school police officer and shall note the fact of such
2appointment to be entered upon the records of the court. The
3judge may, at the request of the school district, grant the
4school police officer the power to arrest as provided in
5subsection (c)(2), the authority to issue citations for summary
6offenses or the authority to detain students until the arrival
7of local law enforcement, or any combination thereof.

8(a.1) Any school district which employs a school police
9officer under this section shall report annually to the
10Department of Education, Office of Safe Schools, the following
11information regarding school police officers receiving training
12as required under 53 Pa.C.S. Ch. 21 Subch. D (relating to
13municipal police education and training):

14(1) The identity of the school district and the number of
15school police officers it employs.

16(2) The municipalities comprising the school district.

17(3) The date and type of training provided to each school
18police officer.

19(b) Every school police officer so appointed shall, before
20entering upon the duties of his office, take and subscribe to
21the oath required by the seventh article of the Constitution,
22before an alderman or justice of the peace or prothonotary. Such
23oath shall be filed by the justice of the peace, alderman, or
24prothonotary among his papers, and a note made upon his docket
25of the fact of the oath having been taken.

26(b.1) Every school police officer who has been granted
27powers under subsection (c)(2) or (3) or has been authorized to
28carry a firearm must, before entering upon the duties of his
29office, successfully complete [training as set forth in 53
30Pa.C.S. Ch. 21 Subch. D.] any of the following training:

1(1) Municipal police education and training under 53 Pa.C.S.
2Ch. 21 Subch. D (relating to municipal police education and
3training).

4(2) Basic officer training from the Pennsylvania State
5Police Academy.

6(3) Deputy sheriff's education and training under the act of 
7February 9, 1984 (P.L.3, No.2), known as the "Deputy Sheriffs' 
8Education and Training Act."

9(c) Such school police officer so appointed shall severally
10possess and exercise all the following powers and duties:

11(1) To enforce good order in school buildings, on school
12buses and on school grounds in their respective school
13districts. For purposes of this clause, the term "school bus"
14shall include vehicles leased by the school district to
15transport students and vehicles of mass transit used by students
16to go to and from school when the school police officer is
17responding to a report of an incident involving a breach of good
18order or violation of law.

19(2) If authorized by the court, to exercise the same powers
20as are now or may hereafter be exercised under authority of law
21or ordinance by the police of the municipality wherein the
22school property is located.

23(3) If authorized by the court, to issue summary citations
24or to detain individuals until local law enforcement is
25notified.

26(d) Such school police officer shall, when on duty,
27severally wear a metallic shield or badge with the words "School
28Police," and the name of the district for which appointed. Such
29shield shall always be worn in plain view when on duty except
30when employed as detective.

1(e) The compensation of such school police officers shall be
2paid by the school district for which the school police officers
3are respectively appointed, as may be agreed upon between the
4board of school directors and the school police officer.

5(f) School districts and municipalities may enter into
6cooperative police service agreements pursuant to 42 Pa.C.S. §
78953(e) (relating to Statewide municipal police jurisdiction) to
8authorize the exercise of concurrent jurisdiction with local law
9enforcement within the municipality where the school or school
10district is located or within the municipality in which a school
11event or activity will take place.

12(g) When acting within the scope of this section, school
13police officers shall, at all times, be employes of the school
14district and shall be entitled to all of the rights and benefits
15accruing therefrom.

16(h) Nothing in this section shall be construed to preclude a
17school district from employing or contracting for the provision 
18of services for other security personnel as the school district
19deems necessary.

20Section 2. The act is amended by adding a section to read:

21Section 778.1. School Security Personnel.--(a) School
22districts may employ or contract for the provision of services
23for security personnel as the school district deems necessary.

24(b) Security personnel authorized to carry a firearm must
25first successfully complete any of the following training or
26certification:

27(1) Municipal police education and training under 53 Pa.C.S.
28Ch. 21 Subch. D (relating to municipal police education and
29training).

30(2) Basic officer training from the Pennsylvania State 

1Police Academy.

2(3) Deputy sheriff's education and training under the act of 
3February 9, 1984 (P.L.3, No.2), known as the "Deputy Sheriffs' 
4Education and Training Act."

5(4) Lethal weapons training under the act of October 10,
61974 (P.L.705, No.235), known as the "Lethal Weapons Training
7Act."

8(5) Retired law enforcement identification under the act of
9December 13, 2005 (P.L.432, No.79), known as the "Retired Law
10Enforcement Identification Act."

11(6) Any other firearms program that has been determined by
12the Commissioner of the Pennsylvania State Police to be of
13sufficient scope and duration as to provide the participant with
14basic training in the use and handling of firearms.

15Section 3. This act shall take effect in 60 days.