30 minute read
Remembering
Retired Chief of Police Joseph F. Greenya
Chief Greenya served the community of Columbia from 1973 to 2011 as a Police Officer. Chief Greenya graduated from Columbia High School and was hired as a part time Officer in 1973. He was then hired full time in June of 1974 and attended the PA State Police Academy in Hershey. He was promoted to Sergeant in 1983 and attended the FBI National Academy in 1985. He was then promoted to Det. Sgt. in 1995 and then to Police Chief in 1996 until his retirement in 2011. During and after his Law Enforcement Career, Chief Greenya was an active member of the Red Rose Lodge #16 Fraternal Order of Police and the FBI National Academy.
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Retired Chief of Police Paul D. Rager
Retired as Chief of Police from Manheim Township Police Department. Chief Rager started as a volunteer auxiliary officer in 1963 and was hired as a patrol officer in 1966. He was promoted to Sergeant in 1970 and Lieutenant in 1972 where he commanded the patrol division. In 1987, Rager was the first chief to be promoted from within the department. He retired in 2006 after serving the citizens of Manheim Township for 40 years. Chief Rager is a past president of both the Lancaster County Chiefs of Police Association and the Pennsylvania Chiefs of Police Association.
Sergeant Mark Andrew Senczakowicz
Mark Andrew Senczakowicz passed away unexpectedly Wednesday, November 4, 2020 after being stricken ill while on duty at the Luzerne County Courthouse, where he was employed as a Deputy Sheriff. Mark served as a police officer with Warrior Run Police Department, advancing to Chief of Police for the borough. He was a part-time patrol officer with Ashley and Sugar Notch for many years while concurrently serving as a Deputy Sheriff for Luzerne County since 1992. Mark also concurrently served the community of Warrior Run for many years as the road department superintendent and as a member of the Warrior Run Boro Volunteer Fire Company. He was a former Pennsylvania Chiefs of Police Association and a current member of the Deputy Sheriffs’ Association of Pennsylvania.
Please save the date for the 16th Annual Pennsylvania Law Enforcement Accreditation Training Conference. The Conference will be a virtual conference due to COVID-19 restrictions. It will be held from March 22 - 24, 2021. Registration will be available in January of 2021.
Premier Agency Status Welcome to Our Newly Accredited Agency
Congratulations and thank you to our newest PREMIER AGENCIES for their hard work and dedication to the Pennsylvania Law Enforcement Accreditation Program.
Upper Makefield Township Bucks County Chief Mark F. Schmidt
Re-Accredited Agencies at the PLEAC Meeting in November
Bethlehem City Northampton/Lehigh County Chief Michelle Kott (4th Re-Accreditation)
Upper Macungie Township Lehigh County Interim Chief Michael Sitoski (1st Re-Accreditation)
Allentown City Lehigh County Chief Glenn Granitz, Jr. (5th Re-Accreditation) Northampton County Sheriff Richard H. Johnston (3rd Re-Accreditation)
Upper Providence Township Montgomery County Chief Mark A. Toomey (1st Re- Accreditation)
Forks Township Northampton County Chief Gregory F. Dorney (5th Re-Accreditation)
Lower Paxton Township Dauphin County Director Adam R. Kosheba, Jr. (5th Re-Accreditation)
Bristol Township Bucks County Chief Robert A. Coulton (1st Re-Accreditation)
Pennsylvania State Police Statewide Colonel Robert A. Evanchick (6th Re-Accreditation)
Warminster Township Bucks County Chief James C. Donnelly, III (4th Re-Accreditation)
Bruce Fromlak
Chief of Police / Borough Manager Borough of West View Q. What is your current occupation/title/ department? Q. Why did you join the PCPA? A. To ensure that I Member SpotlightA. Chief of Police / can take back to Borough Manager my department West View or community any Q. What do you like most about your occupation? A. Each day has something different to offer. The challenges that are presented and the successes and on occasion the failures that we learn from each day. Holding the position of Chief of Police along with the Borough Manager position can make for some interesting days to say the least however this arraignment does work for our community. information that is available. To network with my fellow Chiefs as we all deal with the same issues or concerns that come across our desk. Most importantly to ensure that any type of legislation and or training opportunities are discussed and to have a seat at the table when they are decided on. One of the most important tools that we have at our disposal is training. There are many free training opportunities out there. I believe organizations such as PA Chiefs, Western PA Q. Do you have any pets? A. no Q. Do you have any favorite hobbies? A. Fishing and BBQing Q. What’s the last book you read? A. Bill O Reilly, Killing Patton Q. How do you define success? A. By listening, success is achieved by being engaged and current in every aspect of the position that you hold. Taking advantage of training when applicable and reading articles in professional journals. Q. Who inspires you? A. Growing up I believe my parents as they both had an incredible work ethic. Today my wife Janet as she keeps me grounded and is my voice of reason. Chiefs and other Chiefs of Police associations do a tremendous job of getting that word out and providing that training. Q. What Committees or organizations do you belong to our volunteer at? A. Currently the Second Vice President of the Allegheny County Chiefs. Member of the CONNECT organization within Allegheny County that networks resources in and around Allegheny county. Life Member West View Vol Fire Dept. American Legion and VFW. Q. What’s the first concert you ever attended? A. The Eagles Q. If you had to eat one meal every day for the rest of your life, what would it be? A. Pasta, with arrabiata sauce, meatballs, salad, and a glass of red. Q. What’s something about you (fun fact) that not many people know? A. I was a licensed barber in the state of PA until 2016 and owned my own shop. Andy Taylor, Howard Q. If you could choose anyone as I retired from the PA Air National and Floyd rolled into one...(Andy a mentor, who would you choose? Guard after 33 yrs 3 weeks and 3 Griffith Show for those not familiar) A. Chief (ret.) William Bochter, Assistant Chief City of Pittsburgh also retired as a Chief Master Sgt from the PA ANG. Chief Bochter was very instrumental and a great role model to not only myself but all the members of our organization for many years. days as a Chief Master Sergeant E-9 and the Security Forces Manager. I am a Big Brother with the Big Brothers Big Sisters of Pittsburgh, Bigs in Blue program, outstanding organization. Q. What was the best day of your life? A. I believe that that can be answered for many occasions I would say one of them were when our children were born.
Never tell people how to do things. Tell them what to do and they will surprise you with their ingenuity. – General George Patton
Legal Update for Law Enforcement
By: Christopher Boyle, Esq. & Joshua Brownlie – Marshall Dennehey, LLC
Few other topics in the move to defund the police and reform law enforcement have brought as much outrage and misunderstanding as “qualified immunity”. A topic often misunderstood by lawyers, when then given a sound bite and incendiary definition with little relation to the truth, it has become a focal point for many, and a target of reform. The problem is, the calls for its abolition often fail to acknowledge what qualified immunity really is – a necessary recognition that police officers are on the cutting edge in Constitutional law, and are sometimes forced to “read the tea leaves” of what a Court might later decide. Qualified immunity is merely a recognition that officers are expected to know what the law IS, not necessarily what it might BECOME. While we will attempt to shed some additional light in the remainder of this article, boiling it down to its core, qualified immunity says that the first police officer who runs across a new situation, that the courts have not previously addressed, cannot be held liable if the courts later disagree with their decision. The next officer to deal with that same situation, after the courts have ruled? They are not entitled to qualified immunity, and never have been. When one looks at what it really is, rather than what well-
Christopher P. Boyle, Esq. Christopher Boyle is a Shareholder in the Philadelphia office of Marshall Dennehey. His practice is largely devoted to the defense of law enforcement and municipalities in civil rights lawsuits. Prior to joining the firm in 2005, Chris retired as a Lieutenant after fifteen years with the Philadelphia Police Department. He is a proud member of the Pa. Chiefs.
Joshua Brownlie is a Summer Law Clerk in the Philadelphia office of Marshall Dennehey. He attends Widener University Delaware Law School in Wilmington, DE, and received his BA degree from Rowan University in Glassboro, NJ. While pursuing his undergraduate degree, he was a Criminological Research Assistant at Rowan University.
meaning, reform-minded folks think it is, perhaps it is not the get-out-ofjail-free card that some talking heads have proposed. Police have been accused of using “loopholes” to escape civil liability for alleged violations of rights.1 These “loopholes” are described as legal doctrines “untethered from any statutory or historical justification,” with a principle purpose of “abetting constitutional violations,” and invalidating the very laws designed to protect civil liberties.2 There are those
1 Carol Rose, Here’s the police reform bill the ACLU wants: Immunity for law enforcement must end, COMMONWEALTHMAAZINE.COM (Jul. 30, 2020), https://commonwealthmagazine.org/criminal-justice/heres-the-police-reform-bill-the-aclu-wants/. 2 Brief for the CATO Institute as Amicus Curiae at 4, 22, Baxter v. Bracey, 751 Fed. App’x 869 (6th Cir. 2019), cert. denied, 140 S. Ct. 1862 (2020); Ending
Qualified Immunity Act, S. 4142, 116th CONGRESS, § 2(8) (2020). who think civil-damages liability is a crucial tool for holding public officials accountable for rights violations because other means of oversight fail or are otherwise unavailable.3 They may be right, as it seems we in law enforcement often take action when it is our own bottom line that is threatened. Still, the profession throws the police into the unknown, where errors sometimes follow, and to monetarily punish officers for daring tread where others dare not, is not what the law demands.
Mistakes are a natural part of the human condition, and as a result, almost every area of the law accounts
3 Brief of Cross-Ideological Groups Dedicated to
Ensuring Official Accountability, Restoring the
Public’s Trust In Law Enforcement, and Promoting the Rule of Law as Amicus Curiae at 12, Baxter v. Bracey, 751 Fed. App’x 869 (6th Cir. 2019), cert. denied, 140 S. Ct. 1862 (2020) CONTINUED ON NEXT PAGE
for them.4 Government officials are afforded protection from civil liability for these natural mistakes out of a concern that if subject to such liability, fear would prevent official’s from exercising the discretion necessary to fulfill their official obligations.5
Qualified immunity is a legal defense protecting public officials, like police officers, from civil suits by private persons complaining of injuries inflicted by performance of an official duty.6 The defense is premised on the need to protect government officials’ ability to exercise discretion in the course of their work and to encourage the vigorous exercise of that discretion.7 The precious moments it would take for an officer to contemplate civil liability in the face of a resisting offender could cost the officer more than a civil damages award. Qualified immunity balances two important interests—the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably and in good faith, and the need to hold public official’s accountable in the rare case official power is used irresponsibly.8
A judge-made rule, qualified immunity has developed over the course of several United States Supreme Court opinions.9 These opinions have clarified and fine-tuned the contours of the immunity. The Court first discussed what would later turn into qualified immunity in the 1967 case, Pierson v. Ray. 10 A police officer was
4 See generally, Keith Rowley, To Err Is Human, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions, 104 MICH. L. REV. 1407 (2006). 5 Harlow v. Fitzgerald, 457 U.S. 800, 807 (1982). 6 Id. at 806-08. 7 Id. at 807. 8 Id. at 818-20. 9 Pierson v. Ray, 386 U.S. 547 (1967); Harlow, 457
U.S. 800; Malley v. Briggs, 475 U.S. 335 (1986); Anderson v. Creighton, 483 U.S. 635 (1987); Saucier v. Katz, 533 U.S. 194 (2001); Pearson v. Callahan, 555 U.S. 223 (2009). 10 386 U.S. 547.
Good faith is a nebulous, legal term of art referring to a person’s state of mind. Generally, an officer acts in good faith when the officer has honesty in their beliefs, exhibits a faithfulness to their professional duties and obligations, and acts without concealing or misrepresenting the truth.14
excused from civil liability where an arrest was made in good faith, with probable cause, and under a statute the officer reasonably believed to be valid, even though the statute was later declared unconstitutional.11 It is not reasonable, the Court recognized, to penalize an police officer for “failing to predict the future course of constitutional law.”12 Imposing civil liability would have required the officer to choose between two evils, "[a] policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause, and being [drowned] in damages if he does."13 Pierson established a good faith defense for police officers making arrests under unconstitutional statutes. So long as the officer was acting in good faith during the performance of his duties, the officer was entitled to immunity from civil liability. But good faith was not destined to rule the day, so please don’t stop reading now. An officer’s subjective intentions really have no place in a discussion of civil rights liability. Good faith is a nebulous, legal term of art referring to a person’s state of mind.
11 Pierson, 386 U.S. at 557 (“We hold that the defense of good faith and probable cause, which the Court of Appeals found available to the officers in the common-law action for false arrest and imprisonment, is also available to them in the action under s 1983.”). 12 Id. 13 Id. at 555. Generally, an officer acts in good faith when the officer has honesty in their beliefs, exhibits a faithfulness to their professional duties and obligations, and acts without concealing or misrepresenting the truth.14 Qualified immunity is a development of the good faith defense recognized in Pierson.
Qualified immunity, as we know it today, is the result of the 1982 case, Harlow v. Fitzgerald. 15 The Court abandoned the good faith inquiry and adopted an objective standard, under which government officials performing discretionary functions are shielded from civil liability insofar as their conduct does not violate “clearly established” rights of which a reasonable person would have known.16 The “objective inquiry” established in Harlow moves the focus of a court away from the officer at issue and to the hypothetical reasonable, or average, officer. It is not about what the specific officer knew, but what the reasonable or average officer would have known. This objective inquiry prevents the need for discovery or a trial, if everything goes as it should.17 If there is a material issue of fact, however, a real question as to whether things
14 GOOD FAITH, Black's Law Dictionary (11th ed. 2019); ACTING IN GOOD FAITH, Black's Law
Dictionary (11th ed. 2019). 15 457 U.S. 800. 16 Id. at 813. 17 Id. at 817.
happened the way the plaintiff says, or how the defendants contend, then there will be no qualified immunity. Under Harlow, and in the context of police work, an officer can plead qualified immunity as an affirmative defense.18 Only when an officer violates a “clearly established” right is an officer subject to civil liability.19 Courts use the reasonable officer standard in determining whether a “clearly established” right has been violated.20 That is, if the average officer has knowledge a right would be violated by the officer’s conduct, the right is “clearly established,” and violation of that clearly established right would strip the officer of qualified immunity. Conversely, if the average officer would not have known a right would be violated by the officer’s conduct, the right is not “clearly established,” and the officer would be entitled to qualified immunity. Like the officer in Pierson, it is unreasonable to penalize an officer for failing to predict the legality of their conduct if a right is not “clearly established,” such that the average officer would have knowledge of the right’s existence. A specific officer cannot be responsible for violating a right the average officer does not know exists.
Whether the reasonable, or average, officer has knowledge of a “clearly established” right is a question for the courts.21 For qualified immunity purposes, “’clearly established,’ means that at the time of the officer's conduct, the law was sufficiently clear that every reasonable official would understand that what he is doing is unlawful.”22 Plaintiffs can show their rights were “clearly established” by pointing to case law with indistinguishable facts, a broad
18 Id. at 815. 19 Id. at 818. 20 Anderson, 483 U.S. at 639. 21 D.C. v. Wesby, 138 S. Ct. 577 (2018). 22 Id. at 590. principle within the Constitution, statute, or series of cases, or by alleging the officer’s conduct was so egregious that a constitutional right was clearly violated.23 The requirement is premised on the officer’s need for notice - notice of the existence of the right at issue. If the plaintiff can point to any of the examples above, the average officer would know of the right, and violation of the right would strip the specific officer of qualified immunity, regardless if the specific officer knew of the right or not. This is the effect of Harlow’s objective inquiry. This objective approach is also used in other areas of law, such as negligence. Given a difficulty in showing a right has been “clearly established,” courts should preserve an officer’s qualified immunity and dismiss the case against them.24
The social unrest concerning qualified immunity has reinvigorated debate and ignited calls for reform. In a recent study of 2000 Americans by The Cato Institute, nearly half (47%) of Americans say they’ve heard about qualified immunity and 69% of those Americans who know of the immunity are in favor of ending it.25 “Nearly 8 in 10 Americans (79%) say that if a police officer violates a person’s rights but was ‘unaware at the time that their actions were illegal’ they should be held accountable for that misconduct.”26 What this study demonstrates is that social commentary may be fueling the public’s understanding of qualified immunity. What this study does not show is whether those Americans who favor abolishing qualified immunity have a thorough understanding of the interests the immunity is designed to
23 Id. 24 See generally Wesby, 138 S. Ct. 577. 25 CATO Institute, Cato Institute Summer 2020
National Survey, CATO.ORG (2020), available at: https://www.cato.org/publications/surveyreports/poll-63-americans-favor-eliminatingqualified-immunity-police (last visited Jul. 30, 2020). 26 Id. serve. Regardless, the squeaky wheel gets the grease, and calls for reform press on, even at the highest levels of government. As a result, the “Ending Qualified Immunity Act” was introduced in the United States Senate on July 1st, 2020.27 Supporters of the federal legislation claim qualified immunity has frustrated current civil rights laws by shielding officers from civil liability.28 The legislation calls for the abolition of qualified immunity and would allow private citizens to sue officers regardless of the officer’s good faith.29 The proposed legislation also specifies, “[n]or shall it be a defense or immunity that the rights . . . secured by the Constitution or laws were not clearly established at the time of their deprivation . . . or that the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.”30 Senators in opposition to the Act express a willingness to reform qualified immunity, rather than abolish it completely.31 In its current state, the legislation is not likely to pass the senate.32 One must hope that the calmer heads rule the day, and our elected representatives recognize that one injustice, will not be overcome by another. The Supreme Court of the United States recently rejected a request to review the qualified immunity doctrine.33 In one of the Court’s denial of seven petitions for certiorari, Justice Clarence Thomas wrote separately to
27 Ending Qualified Immunity Act, S. 4142, 116th
CONGRESS (2020). 28 Id. 29 Id. 30 Id. 31 Jamie Ehrlich, Democrats team for effort to end doctrine shielding police as GOP backs off, CNN.
COM (Jul. 1, 2020 9:50 PM), https://www.cnn. com/2020/07/01/politics/qualified-immunitysenate-markey-warren-sanders/index.html. 32 Id. 33 Baxter v. Bracey, 140 S. Ct. 1862 (2020). CONTINUED ON NEXT PAGE
express his willingness to revisit the doctrine of qualified immunity. The case requesting review involved a Nashville police officer who unleashed a police dog on a suspect who was sitting on the ground with his hands in the air.34 Noting that federal civil rights laws gave individuals the right to sue state officers for damages as a remedy for violations of their constitutional rights, and that there “likely is no basis for the objective inquiry into clearly established law that our modern cases prescribe,” Thomas expressed “strong doubts” about the court’s current qualified immunity doctrine.35 In short, because there is no statute or regulation granting government officials qualified immunity, Justice Thomas is impliedly expressing doubts as to the doctrine’s constitutionality. Qualified immunity has become the hot topic of the day given the current socio-political climate. As Judge Theodore McKee of the United States Court of Appeals for the Third Circuit has said, “it’s better to light one candle, than to curse
34 Baxter v. Bracey, 751 Fed. App’x 869 (6th Cir. 2019). 35 Baxter, 140 S. Ct. 1862 (Thomas, J., dissenting) the darkness.”36 Although this time is one fraught with civil unrest, there is some relief in knowing our country is one embodying resilience. It cares for those who care for it. Borrowing liberally from our Founding fathers: “Dissent is the truest form of patriotism” and we should listen to the voices of those seeking reform. But that is a two way street. Those calling for reform must recognize their own duty to listen to the other side, not just try to be the one shouting the loudest. The Constitution is there to protect all of us, not the least of which are the brave men and women of law enforcement. Be well and stay safe.
36 Policing, Protests, and the Constitution Part I,
Live at the National Constitution Center (Jun. 9, 2020), https://constitutioncenter.org/interactiveconstitution/media-library?live_podcast=yes.
LEGISLATIVE REPORT
The following is a list of bills that have been introduced that are of interest to the Association. This list does not consist of all bills related to police and criminal justice matters, as there are numerous bills coming in on a weekly basis. If you have knowledge of a bill or questions, please contact Jerry Miller, jmiller@pachiefs.org or Scott Bohn at sbohn@pachiefs.org.
Bills Tracked this Legislative Session to Date
HB 175 Klunk, Kate (R) Amends Title 53 (Municipalities Generally), in municipal police education and training, further providing for powers and duties of commission.
Remarks: municipal police education and training, further providing for powers and duties of commission and establishing the Police Department Grant Program; and making a related repeal. The bill establishes minimum standards for training police officers on domestic violence. The Pennsylvania State Police and county sheriff's offices shall be eligible for a grant for domestic violence training in order to fund the training required under section 2164(17). 53 Pa.C.S. 2172 Bill History: Set on the House Tabled Calendar 11-20-20
HB 303 Nelson, Eric (R) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, further providing for firearms not to be carried without a license.
Remarks: HB302 will create a process for citizens who needed temporary mental health treatment to restore their second amendment rights after demonstrating they are not a threat to themselves, or others, before a judge through an FBI-approved process. HB303 inserts federal firearm guidelines to replace our currently complicated laws for transporting a firearm. My goal is to enhance police officer safety during vehicle stops and enable law abiding citizens to more easily comply with transportation laws. Bill History: Set on the House Tabled Calendar 11-20-20
HB 432 Barrar, Stephen (R) Amends the Workers' Compensation Act, in interpretation and definitions, further providing for the definition of "occupational disease"; and, in liability and compensation, further providing for compensation for post-traumatic stress injury.
Remarks: bill adds that "occupational disease" includes post-traumatic stress injury, which is suffered by a police officer, firefighter or emergency medical services provider and caused by exposure to a traumatic event arising in the course of the provider's employment or, after four years or more of service, is caused by and related to the cumulative effect of psychological stress in the course of the provider's employment for the benefit and safety of the public. Bill History: Set on the House Calendar 11-20-20
HB 585 Kortz, Bill (D) Amends Title 18 (Crimes and Offenses), in inchoate crimes, further providing for prohibited offensive weapons.
Remarks: amends Section 908 of the Crimes Code to provide an exception to the offense of possessing an offensive weapon if a person possessed or deployed an electric or electronic incapacitation device for self-defense of the person or the person's property pursuant to Section 908.1 Bill History: Set on the House Tabled Calendar 11-20-20
HB 1066 Keller, Mark (R) Amends Title 18 (Crimes and Offenses), in firearms & other dangerous articles, providing for limitation on the regulation of firearms & ammunition; and, in preemptions, providing for regulation of firearms and ammunition.
Remarks: Prohibits local ordinances from contradicting state firearms laws. Bill History: Set on the House Tabled Calendar 11-20-20 CONTINUED ON NEXT PAGE
HB 1805 Dowling, Matthew (R) Amends Title 18 (Crimes and Offenses), in inchoate crimes, further providing for the offense of use or possession of electric or electronic incapacitation device.
Remarks: would allow people to own the incapacitation device if the label has been worn off, removed or not on the device without fear of legal ramifications Bill History: Set on the House Tabled Calendar 11-20-20
HB 1851 Stephens, Todd (R) Amends Title 42 (Judiciary), in sentencing, further providing for sentences for offenses committed with firearms and providing for sentences for persons not to possess, use, manufacture, control, sell or transfer firearms.
Remarks: establishing a five-year mandatory minimum sentence when during an offense a firearm is possessed illegally, designating the crime of a felon illegally possessing a firearm as a crime of violence, and allowing for second and third strike provisions for repeat offenders. Bill History: Set on the House Calendar 11-20-20
HB 1881 Kauffman, Rob (R) Amends the Public School Code, in school security, further providing for school police officers powers and duties.
Remarks: Amends the Public School Code providing a school police officer appointed under section 1320-C(b) shall have the power, if authorized by the court, to exercise the same powers as exercised under authority of law or ordinance by the police of the municipality in which the school property is located. This shall not apply to an individual provided through a third-party vendor. Bill History: Set on the House Calendar 11-20-20
HB 2440 Kortz, Bill (D) Act providing for the designation of shooting ranges, sportsman clubs, hunting facilities and business relating to the sale of production of firearms and ammunition as life-sustaining.
Remarks: provides all outdoor sportsman clubs that choose to remain open during the COVID-19 emergency shall impose social distancing and mask requirements, only permit five shooters in each range at a time and close clubhouses associated with the outdoor sportsman club. Effective immediately. Bill History: S Final Passage (Vote Y: 29/N: 20) 11-18-20 Signed in the House 11-19-20 Signed in the Senate 11-19-20 In the hands of the Governor 11-19-20 Last day for Governor's action 11-29-20
SB 607 Scavello, Mario (R) Amends Title 75 (Vehicles), in rules of the road in general, further providing for speed timing devices.
Companions: HB 1686 Mehaffie, Thomas (Identical) Remarks: Amends Title 75 (Vehicles),providing that any police officer may use an electronic speed meter, radar or light detection and ranging devices upon approval by local ordinance and completion of training requirements. Provides for a revenue cap on the amount of money a municipality may keep from speeding tickets and calibration standards for radar guns. Bill History: Set on the House Calendar 11-20-20
SB 1085 Blake, John (D) Amends Title 18 (Crimes and Offenses), in obstructing governmental operations, providing for the offense of evading arrest or detention on foot.
Remarks: Evading Arrest or Detention by Foot in response to the tragic death of Officer John Wilding of the Scranton Police Department. In July 2015, Officer Wilding fell to his death while chasing three teenagers suspected of armed robbery. Bill History: Set on the Senate Calendar 11-20-20 24
Tracked Bills that became Law for 2020
ACT 4 Feb. 5 SB 692 Effective in 60 days
Amends Title 8 (Boroughs and Incorporated Towns) and 11 (Cities) providing no real estate owned by a borough or city may be sold for consideration in excess of $6,000 instead of the current $1,500 limit except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction. Requires a borough or city council, prior to selling real estate valued at $6,000 or less without advertisement or competitive bidding, to make a public announcement of the council's intention to sell the real estate at a regular or special meeting of the council at least 30 days prior to the sale.
ACT 32 June 5 SB 275 Effective in 60 days
Amends Titles 18 (Crimes & Offenses), 23 (Domestic Relations), & 42 (Judiciary), in assault, further providing for the offense of stalking; in wiretapping and electronic surveillance, further providing for definitions; in child custody, further providing for consideration of criminal conviction; in domestic and sexual violence victim address confidentiality, further providing for penalties; and, in sentencing, further providing for sentences for second and subsequent offenses. The bill establishes a second or subsequent offense under this section of a first offense under subsection (a) if the person has previously been convicted of a crime of violence involving the same victim, family or household member, including a violation relating to strangulation.
ACT 53 July 1 SB 637 Certain portions effective in 180 days; Remainder effective immediately
Amends Titles 18 (Crimes and Offenses) and 63 (Professions and Occupations (State Licensed)), in criminal history record information, providing additional provisions for a licensing board or licensing commission for use of records by licensing agencies; establishing investigatory subpoena power for disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission along with reporting requirements of sanctions and criminal proceedings and provisions regarding hearing examiners, suspension, additional powers of the commissioner of the Bureau of Professional And Occupational Affairs, civil penalties, confidentiality, restricted licenses, consideration of criminal convictions, juvenile adjudications, preliminary determinations by licensing boards and commissions, best practices guide and a list of criminal offenses; consolidating the provisions of Act 48 of 1993; and making a related repeal.
ACT 57 July 14 HB 1841 Effective immediately
Amends Title 44 (Law and Justice) establishing chapter 73 for law enforcement background investigations and employment information. Requires an employer to disclose employment information to a law enforcement agency that is conducting a background investigation of an applicant, and to permit a court to compel the release of such employment information if the employer fails to comply. The legislation also provides that the applicant's previous employers will not be civilly liable for sharing employment information in good faith with a police department looking to hire a new officer. Creates a repository in the Municipal Police Officers' Education and Training Commission for records of law enforcement officers, including sheriffs, under the definition of peace officer. Provides recordkeeping requirements.
ACT 59 July 14 HB 1910 Effective immediately
Amends Title 42 (Judiciary and Judicial Procedure), 44 (Law and Justice) and 53 (Municipalities Generally), in selection and retention of judicial officers, providing every magisterial district judge shall complete a continuing education program each year which includes one course on the identification and reporting of suspected child abuse and court proceedings involving children; in other officers, establishing mental health evaluations for law enforcement officers; and, in employees, providing the Municipal Police Officers' Education and Training Commission with the powers and duties to train police officers to recognize and report suspected child abuse, and establishing the efficacy of conducting forensic interviewing of victims of child abuse within the setting of a children's advocacy center.
ACT 63 July 23 HB 256 Effective in 60 days
Amends Title 18 (Crimes and Offenses), in assault, further providing for an offense of assault by a prisoner against a detention facility or correctional facility employee with a deadly weapon instrument, or by any means to produce bodily injury; in sexual offenses, providing for the offense of institutional sexual assault; and in registration of sexual offenders, providing for sexual offenses and tier system. Provides for a first degree felony committed to any local or county detention facility, jail or prison or any penal or correctional institution commits assault upon an employee with a deadly weapon or instrument or by any means or force likely to produce serious bodily injury.
69 July 23 HB 1459 Addition of 35 PA.C.S. 75a02(b) effective in 180 days; remainder effective immediately
Amends Title 35 (Health and Safety) adding a chapter providing for emergency responder mental wellness and stress management; in general provisions relating to emergency management services, reestablishing the definition of person; establishing the Statewide Critical Incident Stress Management Program; providing for duties of the secretary of health and the Department of Health; in miscellaneous provisions, providing civil liability immunity for any commonwealth agency and providing deployment protections for any person who is temporarily deployed by the commonwealth or who provides equipment for the purposes of emergency services activities; and, in emergency medical services system, providing 25 percent of money in the Emergency Medical Services Operating Fund to be allocated for victims of trauma and to carry out provisions related to emergency responder mental wellness and stress management. Provides a new definition for post-traumatic stress injury.
95 Oct. 29 HB 1984 Effective in 60 days
Amends Title 23 (Domestic Relations), in proceedings prior to petition to adopt, establishing special provisions regarding terminating parental rights when a child was conceived as a result of rape or incest.
104 Oct. 29 SB 1076 Effective immediately
Amends Title 51 (Military Affairs), in military leave of absence, further providing for military family relief assistance. Reenacts the Military Family Relief Assistance Program and reestablishes the Military Family Relief Assistance Fund as a restricted revenue account within the General Fund.
112 Nov. 3 SB 1110 Effective immediately
Amends the Disease Prevention and Control Law providing the definition of aerosolized transmission and that during a disaster emergency issued by the governor based upon a communicable disease, an administrator of a health care facility or a personal care home who has knowledge that a patient or resident is suffering from a communicable disease related to the disaster emergency shall make a prompt report of the disease in the manner prescribed by regulation to the local board or department of health which serves the municipality where the patient or resident resides or to the department if so provided by regulation; and establishing confidentiality provisions during disaster emergency. Provides upon a disaster emergency related to a communicable disease infection through aerosolized transmission and continuing 60 days after the expiration or termination, the Department of Health or local boards or departments of health shall release, within 24 hours of receiving information of a confirmed case, the address of the confirmed case to a public safety answering point. Provides the public safety answering point shall provide the address to law enforcement officers, fire department personnel, emergency medical services personnel, coroners and medical examiners if performing an essential job function. Provides restrictions on personal information obtained by officers, personnel, coroners and examiners. Provides the department may disclose additional information determined to be essential to protecting public health and safety.
