SENATEH1614B2184A02353 AMENDEDVDL:NLG PRIOR06/21/19 PRINTER'S#90 NOS.A02353 AMENDMENTS TO HOUSE BILL NO.

2092,1614 2184Sponsor: PRINTER'S NO.

2214SENATOR THEBAKER GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

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TheAmend GeneralBill, Assemblypage of5, line 19, by inserting after "force" and participation has been approved by the CommonwealthOffice of PennsylvaniaAttorney herebyGeneral enacts2019/90VDL/HB1614A02353 as- follows:1 -

Section 1.

Sections 6105 and 6111 of Title 18 of the Pennsylvania Consolidated Statutes are amended by adding subsections to read:

§ 6105.

Persons not to possess, use, manufacture, control, sell or transfer firearms.

* * * (d.1) Concurrent jurisdiction to prosecute.--The following apply in a city of the first class where the Attorney General has operated a joint local-State firearm task force:

(1) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and institute criminal proceedings for a violation of this section.

(2) No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

(3) This subsection shall not apply to any case instituted two years after the effective date of this subsection.

* * * § 6111.

Sale or transfer of firearms.

* * * (d.1) Concurrent jurisdiction to prosecute.--The following apply in a city of the first class where the Attorney General has operated a joint local-State firearm task force:

(1) In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and institute criminal proceedings for a violation of this section.

(2) No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and, if any such challenge is made, the challenge shall be 20190HB1614PN2214 - 2 - dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

(3) This subsection shall not apply to any case instituted two years after the effective date of this subsection.

* * * Section 1.1.

Section 8953(a)(3) of Title 42 is amended to read:

§ 8953.

Statewide municipal police jurisdiction.

(a) General rule.--Any duly employed municipal police officer who is within this Commonwealth, but beyond the territorial limits of his primary jurisdiction, shall have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office as if enforcing those laws or performing those functions within the territorial limits of his primary jurisdiction in the following cases:

* * * (3) Where the officer [has been requested to aid or assist any local, State or Federal law enforcement officer or park police officer or otherwise has probable cause to believe that the other officer is in need of aid or assistance.]:

(i) has been requested to aid or assist a Federal, State or local law enforcement officer or park police officer;

(ii) has probable cause to believe that a Federal, State or local law enforcement officer or park police officer is in need of aid or assistance;

or (iii) has been requested to participate in a Federal, State or local task force.

AND PARTICIPATION HAS <-- 20190HB1614PN2214 - 3 - BEEN APPROVED BY THE POLICE DEPARTMENT OF THE MUNICIPALITY WHICH EMPLOYS THE OFFICER.

* * * Section 2.

Sections 8953.1(a)(2) and 8953.2(a)(1) of Title 42, added June 28, 2018 (P.L.415, No.57), are amended to read:

§ 8953.1.

Nonmunicipal police extraterritorial jurisdiction.

(a) Power and authority.--In addition to a power and authority vested by law, a nonmunicipal police officer who is within this Commonwealth, but beyond the territorial limit of the jurisdiction established for the officer's nonmunicipal police department by law, shall have the power and authority to enforce the laws of this Commonwealth or to perform a function of a municipal police officer in the following circumstances:

* * * (2) If the officer [has been requested to immediately aid or assist a Federal, State or local law enforcement officer or park police officer or has probable cause to believe that the other officer is in need of aid or assistance.]:

(i) has been requested to immediately aid or assist a Federal, State or local law enforcement officer or park police officer;

(ii) has probable cause to believe that a Federal, State or local law enforcement officer or park police officer is in need of aid or assistance;

or (iii) has been requested to participate in a Federal, State or local task force.

AND PARTICIPATION HAS <-- BEEN APPROVED BY THE OFFICER'S NONMUNICIPAL POLICE DEPARTMENT.