Pennsylvania Code › Title 37 - LAW › Part IV - Municipal Police Officers' Education and Training Commission › Subpart C - Law Enforcement Officer Hiring and Separation › Chapter 241 - LAW ENFORCEMENT BACKGROUND INVESTIGATIONS-TEMPORARY REGULATIONS › GENERAL PROVISIONS › Section 241.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions contained in the act, the
						following words and terms, when used in this chapter, have the following
						meanings:
Act
-44 Pa.C.S. Chapter 73 (relating to
						law enforcement background investigations and employment information).
Coercion of a false confession
-A
						violation of
						18 Pa.C.S. §
												2906 or
						§ 5301 (relating to criminal coercion; and official oppression); an
						equivalent offense in another jurisdiction or behavior in violation of
						applicable agency policies.
Criminal conviction
-A finding, verdict
						of guilt or the entering of a plea of guilty or nolo contendere, whether or not
						judgement of sentence has been imposed, including, without limitation,
						comparable dispositions as provided in other State or Federal laws. The term
						does not include a conviction which has been overturned, expunged pursuant to
						18 Pa.C.S. Chapter 91 (relating to criminal history record information) or
						comparable process in another jurisdiction, or for which a person has been
						pardoned.
Discrimination
-A violation of
						18 U.S.C.A. §
												242, regarding deprivation of rights under
						color of law, or behavior in violation of applicable agency policies
						prohibiting different treatment based on, but not limited to: race; color;
						religion; sex, including pregnancy, transgender status and sexual orientation;
						national origin; age, consisting of those 40 years of age or older; disability
						or genetic information.
Domestic violence
-Conduct which includes
						but is not limited to:
(1) Conduct
					 which could form the basis for an arrest pursuant to
					 18 Pa.C.S. §
												2711
					 (relating to probable cause arrests in domestic violence cases).
(2) An act that meets the definition of abuse
					 in
					 23 Pa.C.S. §
												6102
					 (relating to definitions).
(3) A
					 violation of applicable agency policies prohibiting the use of physical,
					 psychological or emotional abuse of a family or household member, sexual or
					 intimate partner, or person who shares biological parenthood.
Employment status
-Information indicating
						whether a law enforcement officer has been offered employment, is currently
						employed or was previously employed by the law enforcement agency.
Excessive force
-A use of force by an
						individual within his or her scope of official law enforcement duties not
						otherwise permitted under
						18 Pa.C.S. §
												508
						(relating to use of force in law enforcement), equivalent behavior in another
						jurisdiction or behavior in violation of applicable agency policies.
Filing a false report
-Intentionally and
						knowingly submitting an official report or document the law enforcement officer
						knows to be false. This includes, but is not limited to, conduct which would be
						a violation of
						18 Pa.C.S. §§
												4101,
						4104(a), 4904, 4905,
						4906.1, 4910, 4911 or behavior in violation of applicable agency
						policies.
Harassment
-A violation of
						18 Pa.C.S. §
												2709 or
						§
											2709.1 (relating to harassment;
						and stalking), an equivalent offense in another jurisdiction, or behavior in
						violation of applicable agency policies.
Judicial finding of dishonesty
-A finding
						by a court or judicial body that a law enforcement officer has engaged in
						conduct constituting a crime that involves deceit or falsification.
Sexual abuse
-Conduct or behavior which
						would constitute a violation of 18 Pa.C.S. Chapter 31, Subchapter B (relating
						to definition of offenses), also including, but not limited to,
						18 Pa.C.S. §§
												2910,
						3011(a)(1), 3011(a)(2),
						5902(b), 5902(b.1), 5902(d), 6301(a)(1)(ii), 6312, 6318, 6320, or 7507.1, or an
						equivalent offense in another jurisdiction.
Sexual misconduct
-Behavior of a sexual
						nature in violation of applicable agency policies.
Theft
-A violation of 18 Pa.C.S. Chapter
						39 (relating to theft and related offenses), an equivalent offense in another
						jurisdiction or a violation of applicable agency policies.
TACS-Training and Certification
						System
-The secure web-based electronic database used to collect and
						retain information for programs managed by the Commission.