SENATEH1614B2092A02110 AMENDEDNAD:CDM PRIOR06/17/19 PRINTER'S#90 NOS.A02110 AMENDMENTS TO HOUSE BILL NO.

2092,1614 2184Sponsor: PRINTER'S NO.

2214REPRESENTATIVE THEWHITE GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

16142092 2019Amend INTRODUCEDBill, BYpage KAUFFMAN1, ANDline BRIGGS,1, JUNEby 11,striking 2019out SENATOR"Title" BAKER,and JUDICIARY,inserting INTitles SENATE,18 AS(Crimes AMENDED,and JUNEOffenses) 24,and 2019Amend ANBill, ACTpage AmeJudicial1, Procedure)line of2, theby Pennsylvaniainserting Consolidatedaryafter and"Statutes, Statutes," in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for sale or transfer of firearms;

and, inAmend commencementBill, ofpage proceedings,1, furtherlines providing9 for Statewide municipal police jurisdiction, for nonmunicipal police extraterritorial jurisdiction and for10, agentsby ofstriking theout Officeall of Attorneysaid Generallines and providinginserting forSection interpretation.1.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.

2019/90NAD/HB1614A02110 - 1 - * * * (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:

(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.

§Amend 8953.Bill, page 4, line 21, by striking out "immediately." and inserting as follows:

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.

* * * 20190HB1614PN2214 - 4 - § 8953.2.

Agents of the Office of Attorney General.

(a) Power and authority.--An agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S.

§ 5102 (relating to definitions), in addition to the power and authority vested 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:

(1) 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 OFFICE OF ATTORNEY GENERAL.

* * * Section 3.

Title 42 is amended by adding a section to read:

§ 8955.

Interpretation.

The powers, authorities, duties, obligations and jurisdiction under this subchapter shall not be subject to the requirements of 53 Pa.C.S.