SB 296 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in commencement of proceedings, providing for execution of warrants.

Bill Text

• Printer's No. 0402 View text Current pdf

Compared against the Pennsylvania Consolidated Statutes as published AI-generated reading aid — verify against the official bill.

The bill adds a new section to Title 42 outlining standards and procedures for the execution of warrants by law enforcement officers in Pennsylvania.

• 42 Pa.C.S. § 8903

  § 8903. Execution of warrants. (a) Standards.--The following standards shall apply to each law enforcement officer and law enforcement agency for the execution of any warrant issued in this Commonwealth under Chapters 2 and 5 of the Pennsylvania Rules of Criminal Procedure: (1) A law enforcement officer shall physically knock and announce himself or herself before forcibly entering a home and shall wait a minimum of 15 seconds to allow the occupants of the home to respond and open the door. (2) A law enforcement officer shall wear a body camera, keep the law enforcement officer's body camera on and record video on the law enforcement officer's body camera: (i) when the law enforcement officer conducts a search; (ii) for a minimum of five minutes before and after the execution of the warrant; and (iii) during any period that involves a subsequent arrest or search of a person or property. (3) A law enforcement officer shall be in uniform or otherwise be wearing clothing that makes the law enforcement officer clearly and immediately identifiable as a law enforcement officer. (b) Training.--The Attorney General, in collaboration with the Commissioner of Pennsylvania State Police, shall have the following duties: (1) Establish a course of training for law enforcement officers on the constitutional, legal and technical aspects of executing warrants for the arrest of persons and search of property. (2) Promulgate regulations as necessary to implement the training program under paragraph (1). (3) Establish minimum standards for the certification and periodic recertification of law enforcement officers as eligible to conduct the execution of warrants. The minimum standards under this paragraph shall be included in the annual recertification and continuing education of law enforcement officers in accordance with 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training). (c) Sanctions.--Notwithstanding any other provision of law, decision, order, agreement or practice, a law enforcement officer who fails to comply with the requirements under subsection (a) shall be suspended from duty, and the law enforcement officer's certification issued under 53 Pa.C.S. Ch. 21 Subch. D shall be suspended or revoked as follows: (1) For a first violation, the law enforcement officer's certification shall be suspended for a period of six months. (2) For a second violation, the law enforcement officer's certification shall be suspended for a period of one year. (3) For a third or subsequent violation, the law enforcement officer's certification shall be revoked. (d) Arbitration.--A suspension or revocation under subsection (c) shall not be subject to arbitration or reinstatement under the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act, or any other law of this Commonwealth. (e) Cause of action.--Any person aggrieved for a violation of the requirements under subsection (a) may bring an action in an appropriate court of common pleas against a law enforcement officer or law enforcement agency on the grounds that the law enforcement officer or law enforcement agency intentionally failed to comply with requirements under subsection (a). If the court concludes that the law enforcement officer or law enforcement agency intentionally failed to comply with requirements under subsection (a), the court may order damages to the person or injunctive relief. (f) 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: "Body camera." An electronic, mechanical or other device that has been approved by the Pennsylvania State Police under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices) to intercept the communication in the course of law enforcement duties. "Law enforcement agency." An agency that employs a law enforcement officer. "Law enforcement officer." A member of the Pennsylvania State Police or an individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D.

  This change introduces specific procedures and standards that law enforcement officers must follow when executing warrants, along with sanctions for non-compliance and the establishment of a training program.

Action History

1. March 12, 2021

   PN 0402 Referred to JUDICIARY

Sponsors

• Timothy P. Kearney · Primary
• Vincent J. Hughes · Cosponsor
• Wayne D. Fontana · Cosponsor
• Maria Collett · Cosponsor
• Jay Costa · Cosponsor
• Judith L. Schwank · Cosponsor
• Amanda M. Cappelletti · Cosponsor
• Katie J. Muth · Cosponsor
• Carolyn T. Comitta · Cosponsor
• Lindsey M. Williams · Cosponsor
• John I. Kane · Cosponsor
• Sharif Street · Cosponsor

Subjects