2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 10 - MUNICIPALITIES (53 PA.C.S.) - POWERS AND DUTIES OF COMMISSION

Session of 2023
No. 2023-10
SB 836
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes,
            in employees, further providing for definitions and for powers and duties of commission.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  The definition of "certification" in section 2162 of Title 53 of the Pennsylvania
            Consolidated Statutes is amended and the section is amended by adding definitions
            to read:
§ 2162.  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:
"Approval."  The assignment of an approval number to an instructor or school director who meets
            the requirements established by the commission.
"Certification."  The assignment of a certification number to a police officer after successful completion
            of a mandatory basic training course or receipt of a waiver of basic training from
            the commission and successful completion of mandatory in-service training. Certification
            is for a period of
not more than
two years.
* * *
"Instructor."  An individual approved by the commission to teach in a basic police training course
            or an in-service police training course.
* * *
"School director."  An individual who is approved by the commission and responsible for the daily operations
            of a training school or academy which provides a basic police training course within
            the functional organization of a police department or departments or any educational
            facility in this Commonwealth.
* * *
Section 2.  Section 2164(3) and (3.1) of Title 53 are amended and the section is amended by adding
            a paragraph to read:
§ 2164.  Powers and duties of commission.
The powers and duties of the commission shall be as follows:
* * *
(3)  To establish the minimum qualifications for instructors
and school directors
, to approve or revoke the approval of any instructor
or school director
and to develop the requirements for continued [certification]
approval
.
(3.1)  To suspend or revoke the certification of a police officer or the approval of an instructor
or school director
for a violation of 37 Pa. Code Ch. 203 (relating to administration of the program).
            The following shall apply:
(i)  In the case of a suspension, a hearing examiner appointed by the commission shall
            recommend to the commission whether the certification of a police officer or the approval
            of an instructor
or school director
shall be suspended. If the certification or approval is suspended, the hearing examiner
            shall recommend a period of suspension which may be approved by the commission. At
            the end of the period of suspension, the police officer [or]
,
instructor
or school director
may reapply for certification or approval.
(ii)  A police officer [or]
,
instructor
or school director
whose certification or approval is revoked before, on or after the effective date
            of this paragraph may apply to the commission for reinstatement no sooner than one
            year following the date of revocation.
(iii)  The commission shall develop standards and guidelines to determine whether certification
            or approval shall be reinstated. Separate standards shall be developed for suspension
            and revocations.
* * *
(7.1)  To require any individual applying to the commission to attend basic police training
            at a school, or an individual applying to the commission for certification as a police
            officer or any individual applying to the commission for approval as an instructor
            or school director to submit fingerprints and other identifying information to the
            Pennsylvania State Police. The Pennsylvania State Police shall submit the fingerprints
            to the Federal Bureau of Investigation for the purpose of a national criminal record
            check and the Pennsylvania State Police shall check the fingerprints against the Pennsylvania
            State Police central repository for the purposes of obtaining a criminal history record
            check. The following shall apply:
(i)  Any criminal history information obtained under this section by the commission may
            be considered only to the extent to which it relates to the person's suitability to
            attend basic police training or to be certified as a police officer or approved to
            be an instructor or school director.
(ii)  The provisions of 18 Pa.C.S. § 9121(b) (relating to general regulations) shall not
            apply to a request for a criminal history record check submitted under this section.
* * *
Section 3.  This act shall take effect in 60 days.
APPROVED--The 11th day of October, A.D. 2023.
JOSH SHAPIRO