Bill Text: PA HB1328 | 2011-2012 | Regular Session | Introduced

---

Bill Title: In private police, further providing for appointment by nonprofit educational corporations.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-08 - Referred to JUDICIARY [HB1328 Detail]

Download: Pennsylvania-2011-HB1328-Introduced.html

---

PRINTER'S NO. 1507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1328 Session of2011
INTRODUCED BY CARROLL, BENNINGHOFF, COHEN, DEASY, DONATUCCI, EVERETT, FLECK, GEIST, GIBBONS, GILLEN, GINGRICH, GROVE, HORNAMAN, JOSEPHS, KAVULICH, KULA, MURT, READSHAW, SCAVELLO, SWANGER, J. TAYLOR AND YOUNGBLOOD, APRIL 8, 2011
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2011
AN ACT
Amending Title 22 (Detectives and Private Police) of the
Pennsylvania Consolidated Statutes, in private police,
further providing for appointment by nonprofit educational
corporations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 22 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 502. Appointment by nonprofit educational corporations.
(a) Appointment authorized.--
(1) A nonprofit educational corporation maintaining any
buildings or grounds in furtherance of higher education 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
police officer for the corporation. A nonprofit educational
corporation operating with locations in more than one county
in this Commonwealth must apply for appointment of police
officers within the jurisdiction where additional locations
exist.
(2) The court, upon review of an application submitted
under paragraph (1), may by order appoint such persons as it
may deem proper and necessary to be police officers.
(b) Oath of office.--
(1) Police officers appointed under subsection (a)
shall, before entering upon the duties of their office, take
and subscribe the oath required by Article VI of the
Constitution of Pennsylvania.
(2) Evidence of 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 police
officers are authorized to act.
(c) Powers.--A police officer appointed under subsection (a)
shall:
(1) Possess and exercise all the powers of a police
officer in this Commonwealth, in and upon, and adjacent to
the property of the nonprofit educational corporation, not to
exceed 500 yards unless otherwise defined.
(2) Possess and exercise all the powers of a police
officer in any county in which the police officer may be
directed by the nonprofit educational corporation to act, and
may arrest persons for a crime or offense occurring within
the police officer's jurisdiction, including 75 Pa.C.S
(relating to vehicles).
(3) When on duty, wear a metallic shield that includes
the name of the nonprofit educational corporation which
appointed the police officer. Police officers so appointed
for a college or university shall be referred to as "campus
20110HB1328PN1507 - 2 -
police" or "campus police officers" and shall exercise their
powers and perform their duties only upon successful
completion of training outlined in 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
(d) Duty to receive persons arrested.--The officials and
administrators of county correctional institutions and other
places of detention in any county of this Commonwealth shall
receive all persons arrested by police officers appointed under
subsection (a) for purposes of detention until the persons are
dealt with according to law.
(e) Limited immunity.--Police officers in the performance of
their duties under this section shall possess the same
protections and immunities as afforded to all other police
officers under 53 Pa.C.S. Ch. 21 Subch. D.
(f) Criminal justice agency.--A campus police department of
a college or university shall be considered a "criminal justice
agency" under 18 Pa.C.S. § 9102 (relating to definitions) only
after all sworn members have completed training as defined by 53
Pa.C.S. Ch. 21 Subch. D or other recognized Commission on Peace
Officer Standards and Training certified academy.
(g) Certification.--
(1) A campus police department of a college or
university and recognized as a "criminal justice agency"
under 18 Pa.C.S. § 9102 shall be eligible to obtain
certification from the Municipal Police Officers' Education
and Training Commission.
(2) Officers currently employed by a department
established under this section who have received
certification from the Municipal Police Officers' Education
and Training Commission prior to employment by the department
20110HB1328PN1507 - 3 -
or any officer who received qualified training to serve as a
law enforcement officer shall be deemed acceptable for all
current Municipal Police Officers' Education and Training
Commission certification upon completion of necessary
paperwork or written examination.
(h) Reimbursement for expenses.--All campus police
departments constituted and maintained by a nonprofit
educational corporation shall pay for the expenses of all
personnel attending training as provided by 53 Pa.C.S. § 2170
(relating to reimbursement of expenses), including basic academy
and mandatory in-service training.
(i) Mutual aid.--
(1) A campus police department located within a
municipality may enter into a mutual aid agreement in which
the campus police department, at the request of the mayor or
other executive authority and under the direction of the
local law enforcement authorities, may exercise those powers
and perform those duties conferred pursuant to this section
within the municipality for the limited purpose of aiding
local authorities in emergency situations.
(2) When acting under such agreement, a campus police
officer shall be acting within the scope of the authority of
42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police
jurisdiction) and is, at all times, entitled to all the
rights and benefits accruing under that law.
(j) Compensation.--The compensation of a police officer
shall be paid by the nonprofit educational corporation for which
the police officer is appointed, as may be agreed upon between
the nonprofit educational corporation and the police officer.
(k) Termination of appointment.--
20110HB1328PN1507 - 4 -
(1) When a nonprofit educational corporation no longer
requires the services of a police officer, 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 the police officer were recorded.
(2) The recorder of deeds shall note this information on
the margin of the record where the court decree and order
were recorded, and as of the date of the notation the powers
of the police officer shall terminate.
(3) The recorder of deeds shall notify the clerk of the
court by which the police officer was appointed of the
termination of the appointment in the county.
(l) Applicability.--
(1) In order to maintain certification and recognition
of authority under this section, all existing campus police
departments shall satisfy all requirements of this section by
July 1, 2014.
(2) All new requests for recognition under this section
must satisfy all requirements prior to making application to
the court of common pleas.
(m) Construction.--Nothing in this section shall be
construed as requiring private colleges and universities to
utilize campus security. However, existing campus police that
are not appointed under subsection (a) shall remain designated
as security, and the campus police department in which they are
employed shall be prohibited from retaining or obtaining any
confidential or law-enforcement-only criminal justice
information, database access from any source, internal or
external, and may not obtain membership on committees or boards
established with access to such information.
20110HB1328PN1507 - 5 -
(n) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Certification." The assignment of a certification number to
a campus police officer after successful completion of a
mandatory basic training course or receipt of a waiver of basic
training from the Municipal Police Officers' Education and
Training Commission and successful completion of mandatory in-
service training.
"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).
"Commission." The Municipal Police Officers' Education and
Training Commission.
"Nonprofit educational corporation." An accredited, not-for-
profit, private college or university in this Commonwealth as
recognized by the Department of Education of the Commonwealth.
"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
the term is 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
20110HB1328PN1507 - 6 -
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 Chapter 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.
Section 2. This act shall take effect in 60 days.
20110HB1328PN1507 - 7 -