Pennsylvania 2019-2020 Regular Session Status: Passed Senate Bipartisan · 10 D · 1 R cosponsors

SB 1205 — 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.

Last action — Referred to JUDICIARY

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

43 added · 188 removed

Plain-language change summary

The bill SB 1205 has been revised to create a new section in Pennsylvania law specifically addressing police actions related to the use of force. Notably, it now includes a clear prohibition against the use of choke holds by police officers when making an arrest. This change is significant as it aims to enhance transparency and accountability in law enforcement practices, particularly in response to public concerns about police brutality.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
1793 PRINTER'S NO.
1793 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1804 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1205 2020 INTRODUCED BY STREET, SCAVELLO, LAUGHLIN, COSTA, HUGHES, HAYWOOD, FONTANA, L.
1205 2020 INTRODUCED BY STREET, SCAVELLO, LAUGHLIN, COSTA, HUGHES, SANTARSIERO, BOSCOLA AND IOVINO, JUNE 22, 2020FARNESE, SENATOR STEFANO, LAW AND JUSTICE, AS AMENDED, JUNE 22, 2020 AN ACT Amending Title 44 (Law and Justice) of the Pennsylvania <-- Consolidated Statutes, providing for actions by law enforcement.
WILLIAMS, MUTH, KEARNEY, FARNESE, SANTARSIERO AND BOSCOLA, JUNE 22, 2020 REFERRED TO LAW AND JUSTICE, JUNE 22, 2020 AN ACT AmeConsolidated Statutes, providing for actions by lawa enforcement.
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.
Title 44 of the Pennsylvania Consolidated <-- Statutes is amended by adding a part to read:
Title 44 of the Pennsylvania Consolidated Statutes is amended by adding a part to read:
SECTION 1.
20200SB1205PN1793 - 2 -
THE HEADING OF SUBCHAPTER C OF CHAPTER 21 OF <-- TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
SUBCHAPTER C [(RESERVED)] USE OF FORCE AND DEADLY FORCE MODEL POLICY FOR LAW ENFORCEMENT AGENCIES 20200SB1205PN1804 - 2 - SECTION 2.
SUBCHAPTER C OF CHAPTER 21 OF TITLE 53 IS AMENDED BY ADDING SECTIONS TO READ:
§ 2141.
POLICY.
IT IS THE POLICY OF THE COMMONWEALTH TO PROVIDE LAW ENFORCEMENT AGENCIES AND LAW ENFORCEMENT OFFICERS WITH CLEAR GUIDELINES AND TRAINING REGARDING THE USE OF FORCE AND DEADLY FORCE.
§ 2142.
DEFINITIONS.
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.
"CHOKE HOLD." A PHYSICAL MANEUVER THAT RESTRICTS AN INDIVIDUAL'S ABILITY TO BREATHE FOR THE PURPOSES OF INCAPACITATION.
"COMMISSION." THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION.
"COMMISSIONER." THE COMMISSIONER OF PENNSYLVANIA STATE POLICE.
"DEADLY FORCE." FORCE WHICH, UNDER THE CIRCUMSTANCES IN WHICH IT IS USED, IS READILY CAPABLE OF CAUSING DEATH OR SERIOUS BODILY INJURY.
"FORCE." EFFORTS USED BY AN OFFICER THAT MAY RESULT IN SERIOUS BODILY INJURY OR DEATH WHEN USED TO:
(1) EFFECTUATE AN ARREST.
(2) OVERCOME RESISTANCE OR THREATENED RESISTANCE TO EFFECTUATE AN ARREST.
(3) PROTECT THE ARRESTING OFFICER OR ANY OTHER PERSON FROM INJURY OR DEATH.
20200SB1205PN1804 - 3 - "LAW ENFORCEMENT 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).
"SERIOUS BODILY INJURY." BODILY INJURY THAT CREATES A SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT DISFIGUREMENT OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER OR ORGAN.
"WEAPON." ANYTHING READILY CAPABLE OF LETHAL USE AND POSSESSED UNDER CIRCUMSTANCES NOT MANIFESTLY APPROPRIATE FOR LAWFUL USES WHICH IT MAY HAVE.
THE TERM INCLUDES A FIREARM WHICH IS NOT LOADED OR LACKS A CLIP OR OTHER COMPONENT TO RENDER IT IMMEDIATELY OPERABLE, AND COMPONENTS WHICH CAN READILY BE ASSEMBLED INTO A WEAPON.
§ 2143.
WRITTEN POLICIES REQUIRED.
(A) GENERAL RULE.--EACH LAW ENFORCEMENT AGENCY SHALL DEVELOP AND IMPLEMENT A WRITTEN USE OF FORCE POLICY GOVERNING THE PROCEDURES UNDER WHICH A LAW ENFORCEMENT OFFICER SHOULD INITIATE, CONTINUE AND TERMINATE THE USE OF FORCE.
THIS POLICY MAY BE THE MODEL POLICY ENDORSED BY A NATIONAL OR STATE ORGANIZATION OR ASSOCIATION THAT IS CONSISTENT WITH THE REQUIREMENTS OF THIS SUBCHAPTER.
THE WRITTEN POLICY SHALL REFLECT CONSIDERATION OF THE GUIDELINES UNDER THIS SECTION.
(B) INTENT OF GUIDELINES.--THE GUIDELINES UNDER THIS SECTION ARE SOLELY INTENDED TO DIRECT AGENCIES IN DEVELOPING USE OF FORCE POLICIES AND OUTLINE THE CONTENT OF THESE POLICIES.
THE GUIDELINES CONTAINED IN THIS SECTION ARE NOT INTENDED TO MANDATE THE ACTIONS OF INDIVIDUAL LAW ENFORCEMENT OFFICERS.
(C) POLICY GUIDELINES.--EACH AGENCY POLICY SHALL BE 20200SB1205PN1804 - 4 - CONSISTENT WITH CURRENT TRAINING AND CERTIFICATION STANDARDS AND INCLUDE THE FOLLOWING PROCEDURAL ELEMENTS:
(1) DECISION-MAKING CRITERIA OR PRINCIPLES FOR INITIATION OF FORCE.
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THESE CRITERIA OR PRINCIPLES MAY INCLUDE, BUT ARE NOT LIMITED TO:
(I) THE SEVERITY OF THE CRIME AT ISSUE.
(II) WHETHER THE SUSPECT POSES AN IMMEDIATE THREAT TO THE SAFETY OF THE LAW ENFORCEMENT OFFICER OR OTHERS.
(III) THE POTENTIAL FOR HARM OR IMMEDIATE OR POTENTIAL DANGER TO OTHERS IF THE FLEEING INDIVIDUAL OR INDIVIDUALS ESCAPE.
(IV) WHETHER THE SUSPECT IS ACTIVELY RESISTING ARREST OR ATTEMPTING TO EVADE ARREST BY FLIGHT.
(V) SAFETY FACTORS THAT POSE A RISK TO LAW ENFORCEMENT OFFICERS AND OTHER PERSONS.
(VI) WHETHER THE SUSPECT IS IN POSSESSION OF A WEAPON.
(VII) OTHER RELEVANT INFORMATION THAT THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES TO BE TRUE AT THE TIME.
(2) RESPONSIBILITIES OF THE LAW ENFORCEMENT OFFICERS.
(3) RESPONSIBILITIES OF THE FIELD SUPERVISOR.
(4) DECISION-MAKING CRITERIA OR PRINCIPLES FOR TERMINATION OF FORCE.
THESE CRITERIA OR PRINCIPLES MAY INCLUDE SAFETY FACTORS THAT POSE A RISK TO LAW ENFORCEMENT OFFICERS AND OTHER PERSONS.
(5) RECORDKEEPING PROTOCOLS FOR USE OF FORCE INCIDENTS.
(D) POLICY REQUIREMENTS.--EACH AGENCY POLICY SHALL PROHIBIT THE USE OF CHOKE HOLDS BY LAW ENFORCEMENT OFFICERS EXCEPT IN CASES IN WHICH DEADLY FORCE IS AUTHORIZED.
20200SB1205PN1804 - 5 - (E) TRAINING GOVERNING USE OF FORCE.--BEFORE CARRYING A WEAPON, EACH LAW ENFORCEMENT OFFICER SHALL RECEIVE TRAINING AND INSTRUCTION WITH REGARD TO THE PROPER USE OF FORCE AND TO THE AGENCY'S POLICIES AND STATUTES WITH REGARD TO FORCE.
THE TRAINING AND INSTRUCTION SHALL CONTINUE ON AN ANNUAL BASIS AND MAY INCLUDE THE FOLLOWING CRITERIA:
(1) EACH LAW ENFORCEMENT OFFICER SHALL CARRY AND USE ONLY AUTHORIZED WEAPONS UNLESS CIRCUMSTANCES EXIST WHICH POSE AN IMMEDIATE THREAT TO THE SAFETY OF THE LAW ENFORCEMENT OFFICER OR THE PUBLIC REQUIRING THE USE OF A WEAPON OR OBJECT THAT HAS NOT BEEN AUTHORIZED TO COUNTER A THREAT.
(2) WITH AGENCY APPROVAL, LAW ENFORCEMENT OFFICERS MAY MODIFY, ALTER OR CAUSE TO BE ALTERED AN AUTHORIZED WEAPON IN THE LAW ENFORCEMENT OFFICER'S POSSESSION OR CONTROL.
(3) A LAW ENFORCEMENT OFFICER SHOULD USE DISCRETION TO DETERMINE REASONABLE FORCE OPTIONS TO BRING A SUSPECT UNDER CONTROL.
A LAW ENFORCEMENT OFFICER IS NOT REQUIRED TO FIRST ATTEMPT USING TYPES AND DEGREES OF FORCE THAT REASONABLY APPEAR TO BE INADEQUATE TO ACCOMPLISH THE INTENDED OBJECTIVE.
(4) A LAW ENFORCEMENT OFFICER MAY ANNOUNCE THE INTENTION TO USE REASONABLE FORCE.
(5) A LAW ENFORCEMENT OFFICER SHOULD CONSIDER WHETHER IT IS REASONABLY PRUDENT TO USE DE-ESCALATION AND HARM REDUCTION TECHNIQUES.
(F) BIENNIAL CERTIFICATION.--EVERY OTHER YEAR, THE COMMISSION SHALL CERTIFY WHETHER EACH AGENCY HAS A USE OF FORCE POLICY IN EFFECT.
THE COMMISSION SHALL PROVIDE THE PENNSYLVANIA STATE POLICE WITH A LIST OF THOSE AGENCIES THAT HAVE OR HAVE NOT NOTIFIED OR CERTIFIED TO THE COMMISSION THAT THE AGENCY HAS A USE OF FORCE POLICY.
THE BIENNIAL CERTIFICATION MAY BE 20200SB1205PN1804 - 6 - IMPLEMENTED SIMULTANEOUSLY WITH OTHER CERTIFICATIONS CONDUCTED BY THE COMMISSION.
(G) 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 WEBSITE MAINTAINED BY THE LAW ENFORCEMENT AGENCY.
(H) LIMITATIONS.--A LAW ENFORCEMENT AGENCY POLICY MUST BE CONSISTENT WITH THE REQUIREMENTS OF 18 PA.C.S.
CH.
5 (RELATING TO GENERAL PRINCIPLES OF JUSTIFICATION).
SECTION 3.
THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
20200SB1205PN1804 - 7 -
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Amendments

2 amendments

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Action History

  1. Referred to JUDICIARY

  2. Third consideration and final passage

  3. Re-reported as committed

  4. Re-referred to APPROPRIATIONS

  5. PN 1818 Second consideration, with amendments

  6. First consideration

  7. PN 1804 Reported as amended

  8. PN 1793 Referred to LAW AND JUSTICE

Sponsors

Sponsorship breakdown

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1 sponsors · 14 co-sponsors · 238 not signed on

Sponsors (1)

Co-sponsors (14)

Not signed on (238)

238 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Committee vote (APPROPRIATIONS): Re-Reported as Committed

Passed 24 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 9000
Unaffiliated 8000
Democratic 7000
Total 24000
% of votes cast 100%0%0%0%
How each member voted (24)
Member Party Vote
BLAKE — Yea
IOVINO — Yea
KILLION — Yea
MENSCH — Yea
SCAVELLO — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Maria Collett Democratic Yea
Sharif Street Democratic Yea
Steven J. Santarsiero Democratic Yea
Vincent J. Hughes Democratic Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Joe Pittman Republican Yea
Kristin Phillips-Hill Republican Yea
Patrick J. Stefano Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

FINAL PASSAGE

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 17000
Unaffiliated 19000
Democratic 14000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
ARNOLD — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
FARNESE — Yea
GORDNER — Yea
IOVINO — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
REGAN — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
YUDICHAK — Yea
Anthony H. Williams Democratic Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Katie J. Muth Democratic Yea
Lindsey M. Williams Democratic Yea
Lisa M. Boscola Democratic Yea
Maria Collett Democratic Yea
Sharif Street Democratic Yea
Steven J. Santarsiero Democratic Yea
Timothy P. Kearney Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Doug Mastriano Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Joe Pittman Republican Yea
Judy Ward Republican Yea
Kathleen C. Tomlinson Republican Yea
Kim L. Ward Republican Yea
Kristin Phillips-Hill Republican Yea
Lisa Baker Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (LAW AND JUSTICE): Reported as Amended

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 2000
Republican 3000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
AUMENT — Yea
BREWSTER — Yea
KILLION — Yea
REGAN — Yea
A. WILLIAMS — Yea
SCARNATI — Yea
Christine M. Tartaglione Democratic Yea
Wayne D. Fontana Democratic Yea
Gene Yaw Republican Yea
Judy Ward Republican Yea
Patrick J. Stefano Republican Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

Who sponsors SB 1205?
SB 1205 is sponsored by Sharif Street (Democratic), Scavello, Daniel Laughlin (Republican), Vincent J. Hughes (Democratic), Art Haywood (Democratic), Wayne D. Fontana (Democratic), Katie J. Muth (Democratic), Timothy P. Kearney (Democratic), Farnese, Lisa M. Boscola (Democratic), Iovino, Killion, Steven J. Santarsiero (Democratic), Lindsey M. Williams (Democratic), and Jay Costa (Democratic).
What is the current status of SB 1205?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1205?
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