Bill Text: PA HB2043 | 2011-2012 | Regular Session | Amended


Bill Title: Further providing for powers and duties of Municipal Police Officers' Education and Training Commission.

Spectrum: Moderate Partisan Bill (Republican 24-7)

Status: (Passed) 2012-10-24 - Act No. 165 [HB2043 Detail]

Download: Pennsylvania-2011-HB2043-Amended.html

SENATE AMENDED

 

PRIOR PRINTER'S NOS. 2812, 3660, 4084

PRINTER'S NO.  4218

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2043

Session of

2011

  

  

INTRODUCED BY HAHN, BENNINGHOFF, K. BOYLE, BRENNAN, CALTAGIRONE, CLYMER, CREIGHTON, DENLINGER, FARRY, GEIST, GINGRICH, GROVE, HARKINS, HENNESSEY, HESS, HICKERNELL, M. K. KELLER, KILLION, KULA, MARSHALL, MILLER, MOUL, MURT, PETRARCA, PYLE, QUINN, REICHLEY, SWANGER, TAYLOR AND YOUNGBLOOD, DECEMBER 5, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 15, 2012   

  

  

  

AN ACT

  

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Amending Title 53 (Municipalities Generally) of the Pennsylvania

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Consolidated Statutes, further providing for powers and

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duties of Municipal Police Officers' Education and Training

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Commission.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 2164(15) of Title 53 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

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adding paragraphS to read:

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§ 2164.  Powers and duties of commission.

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The powers and duties of the commission shall be as follows:

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* * *

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(3.1)  To suspend or revoke the certification of a police

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officer or the approval of an instructor for a violation of

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37 Pa. Code Ch. 203 (relating to administration of the

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program). A hearing examiner appointed by the commission

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shall recommend to the commission whether the certification

 


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of a police officer or the approval of an instructor shall be

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suspended or revoked. In the case of a suspension, the

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hearing examiner shall recommend a period of suspension. If

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the commission suspends the certification of a police officer

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or the approval of an instructor, the police officer or the

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instructor may reapply for certification or approval no

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sooner than one year after the date of suspension. A police

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officer whose certification was revoked prior to the

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effective date of this paragraph may apply to the commission

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for reinstatement. The commission shall develop standards to

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determine whether certification should be reinstated.

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(3.1)  To suspend or revoke the certification of a police

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officer or the approval of an instructor for a violation of

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37 Pa. Code Ch. 203 (relating to administration of the

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program). The following shall apply:

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(i)  In the case of a suspension, a hearing examiner

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appointed by the commission shall recommend to the

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commission whether the certification of a police officer

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or the approval of an instructor shall be suspended. If

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the certification or approval is suspended, the hearing

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examiner shall recommend a period of suspension which may

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be approved by the commission. At the end of the period

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of suspension, the police officer or instructor may

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reapply for certification or approval.

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(ii)  A police officer or instructor whose

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certification or approval is revoked before, on or after

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the effective date of this paragraph may apply to the

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commission for reinstatement no sooner than one year

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following the date of revocation.

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(iii)  The commission shall develop standards and

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guidelines to determine whether certification or approval

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shall be reinstated. Separate standards shall be

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developed for suspension and revocations.

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* * *

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(15)  With respect to mandatory basic training:

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(i)  To grant waivers of mandatory basic training to

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police officers who have successfully completed previous

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equivalent training or who have acceptable full-time

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[police] experience, or both.

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(ii)  To grant waivers of portions of mandatory basic

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training to Federal law enforcement officers and military

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police officers who have successfully completed previous

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equivalent training. In order to be certified by the

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commission, Federal law enforcement officers and military

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police officers shall fulfill basic police training

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requirements and meet the minimum standards required for

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certification.

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(16)  To assess, in consultation with the Department of

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Military and Veterans Affairs, the Department of Health and

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other State, community or local organizations and agencies

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that have expertise in the field of traumatic brain injury

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(TBI) and post-traumatic stress disorder (PTSD), the training

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needs of police officers on recognizing and interacting with

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veterans and other individuals suffering from TBI or PTSD.

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Should the commission determine that there is a need for

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specialized training on TBI and PTSD, the commission shall

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develop a training course that shall be made available to all

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police officers and law enforcement agencies within this

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Commonwealth.

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Section 2.  This act shall take effect in 60 days 

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immediately.

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