SB 459 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in employees, providing for use of force recordkeeping and reporting for law enforcement agencies.

PRIOR PRINTER'S NO.

464 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1803459 THE2019 GENERALINTRODUCED ASSEMBLYBY OFCOSTA, PENNSYLVANIAFONTANA, SENATEHUGHES, BILLSCHWANK SessionAND HAYWOOD, MARCH 21, 2019 REFERRED TO LAW AND JUSTICE, MARCH 21, 2019 AN ACT Amending Title 53 (Municipalities Generally) of No.the Pennsylvania Consolidated Statutes, in employees, providing for use of force and deadly force model policy for law enforcement agencies.

459The 2019General INTRODUCEDAssembly BYof COSTA,the FONTANA,Commonwealth HUGHES,of SCHWANK,Pennsylvania HAYWOOD,hereby KEARNEY,enacts A.as follows:

WILLIAMS, STREET, MUTH, SANTARSIERO, FARNESE, IOVINO AND BOSCOLA, MARCH 21, 2019 SENATOR STEFANO, LAW AND JUSTICE, AS AMENDED, JUNE 22, 2020 AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in employees, providing for use of force and deadly force model policy for law enforcement <-- AGENCIES.

RECORDKEEPING AND REPORTING FOR LAW ENFORCEMENT <-- The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The heading of Subchapter C B of Chapter 21 of <-- Title 53 of the Pennsylvania Consolidated Statutes is amended to read:

SUBCHAPTER [C]C B <-- [(Reserved)] USE OF FORCE AND DEADLY FORCE MODEL POLICY <-- RECORDKEEPING AND REPORTING <-- FOR LAW ENFORCEMENT AGENCIES Section 2.

Subchapter C B of Chapter 21 of Title 53 is <-- amended by adding sections to read:

§ 21412141. 2131.

<-- It is the policy of the Commonwealth to provide <-- municipalities, agencies and officers with clear guidelines and training regarding the use of force and deadly force.

IT§ IS2142. THE <-- POLICY OF THE COMMONWEALTH TO PROVIDE LAW ENFORCEMENT AGENCIES WITH RECORDKEEPING AND REPORTING REQUIREMENTS REGARDING THE USE OF FORCE AND DEADLY FORCE BY LAW ENFORCEMENT OFFICERS.

§ 2142 2132.

<-- The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

<-- "Bodily injury." Impairment of physical condition or substantial pain.

"Deadly force." Force which, under the circumstances in <-- which it is used, is readily capable of causing death or serious bodily injury.

20190SB0459PN1803 - 2 - "Officer." Any of the following:

(3) A security officer of a first class city housing 20190SB0459PN0464 - 2 - authority or a police officer of a second class city housing authority.

The guidelines contained in this section are not intended to mandate 20190SB0459PN1803 - 3 - the actions of individual officers.

These criteria or principles may 20190SB0459PN0464 - 3 - include:

(d) Rules governing use of force.--Before carrying a weapon, each officer shall receive training and instruction with regard to the proper use of force and to the agency's policies and 20190SB0459PN1803 - 4 - statutes with regard to force.

(1) Each officer shall carry and use only authorized weapons unless circumstances exist which pose an immediate threat to the safety of the officer or the public requiring 20190SB0459PN0464 - 4 - the use of a weapon or object that has not been authorized to counter a threat.

(f) Policy availability.--A policy adopted under this section shall be made available to the general public upon request and shall be posted on a publicly accessible Internet 20190SB0459PN1803 - 5 - website maintained by the municipality.

"LAW§ ENFORCEMENT2144. AGENCY." A LAW ENFORCEMENT AGENCY IN THIS <-- COMMONWEALTH THAT IS THE EMPLOYER OF A LAW ENFORCEMENT OFFICER.

"LAW ENFORCEMENT OFFICER." THE TERM SHALL HAVE THE SAME MEANING AS THE TERM "PEACE OFFICER" UNDER 18 PA.C.S.

§ 501 (RELATING TO DEFINITIONS).

§ 2144 2133.

<--20190SB0459PN0464 - 5 - (a) General rule.--Each LAW ENFORCEMENT agency shall <-- maintain records of all incidents involving a use of forceforce. BY A <-- LAW ENFORCEMENT OFFICER.

(b) Procedure.--The commissioner, in consultation with the Pennsylvania Chiefs of Police Association and the Fraternal Order of Police, shall develop a reporting mechanism each LAW <-- ENFORCEMENT agency must comply with and submit records of all use of force incidents.

20190SB0459PN1803 - 6 - (5) Suspect information, including statute violations and apprehension status of the suspect.

(6) Any other information deemed necessary by the <-- commissioner to evaluate and improve policies.

§ 21452145. 2134.

<-- (a) Annual report.--The Pennsylvania State Police shall compile data sent by individual agencies on an annual basis.

The 20190SB0459PN0464 - 6 - Pennsylvania State Police shall make an annual report based on Statewide data to the Office of Attorney General, the Judiciary Committee of the Senate, the Judiciary Committee of the House of Representatives and the Law and Justice Committee of the Senate.

(1) Statewide aggregations of information collected under section 2144(c) 2133(C) (relating to recordkeeping).

<-- (2) The total number and percentage of incidents involving the use of force.

(6) A list of agencies that have not notified or <-- certified to the commission that the agency has a policy as 20190SB0459PN1803 - 7 - required under section 2143 (relating to written policies required).

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