reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.117 - Pennsylvania license to sell firearms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Pennsylvania license to sell firearms
				  form shall be uniform throughout this Commonwealth and shall be on a form
				  prescribed by the State Police. The license shall be 8 1/2 inches by 11 inches
				  in dimension, on plain white paper. The license shall be granted to reputable
				  applicants by the issuing authority. The Pennsylvania license to sell firearms
				  is required for any person engaged in the business of selling or transferring
				  firearms as defined in section 6113(d) of the act (relating to licensing of
				  dealers).
(b) The Pennsylvania
				  license to sell firearms shall be either typewritten, computer generated or
				  printed in blue or black ink with a ballpoint pen in three counterparts. Copies
				  shall contain legible impressions. It is the responsibility of the issuing
				  authority to ensure the form is accurately completed as indicated in the block
				  instructions, and that the State Police Firearm Unit is contacted, at (717)
				  783-5495, to obtain a specific license number for the form. The issuing
				  authority shall use only the license prescribed by the State Police.
(c) The original shall be delivered to the
				  licensee to be displayed as prescribed by the act and is valid for 3 years from
				  date of issue. The first copy shall be transmitted by the issuing authority
				  within 7 business days by first class mail to the Pennsylvania State Police,
				  Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.
				  The issuing authority shall retain the second copy for 6 years.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.118 - Pennsylvania sportsman's firearm permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Pennsylvania sportsman's firearm
				  permit form is a prenumbered three-part form furnished by the State Police
				  under section 6106(c) of the act (relating to firearms not to be carried
				  without a license). This permit, granting exemption to section 6106(a) of the
				  act, is issued in conjunction with a hunting, furtaking or fishing license, or
				  permit relating to hunting dogs, under section 6106(b)(9) and (10) and (c) of
				  the act. A written request for these forms may be directed to the Pennsylvania
				  State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg,
				  Pennsylvania 17110. Telephone requests will not be honored. The State Police
				  shall furnish official permit forms to the county treasurer upon request.
				  Requests shall be made 3 weeks prior to the time of actual need. Upon receipt,
				  the county treasurer shall remit to the State Police the sum of $1 for each
				  official permit form furnished in accordance with section 6106 (c) of the
				  act.
(b) The Pennsylvania
				  sportsman's firearm permit shall be completed as indicated in the block
				  instructions. It can either be typewritten or printed in blue or black ink with
				  a ballpoint pen. Copies shall contain legible impressions. The original shall
				  be issued to the licensee and is valid for 5 years from date of issue. The
				  first copy shall be transmitted by the issuing authority within 7 business days
				  by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton
				  Avenue, Harrisburg, Pennsylvania 17110. The issuing authority shall retain the
				  second copy for 2 years after the expiration date.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.119 - Revocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A Pennsylvania
				  license to carry firearms, Pennsylvania license to sell firearms or a
				  Pennsylvania sportsman's firearm permit may be revoked by the issuing authority
				  for good cause.
(b) Notice of
				  revocation shall be in writing upon the official letterhead stationery of the
				  issuing authority and shall state the reason for revocation, the full name and
				  date of birth of the licensee as it appears on the license/permit, the number
				  of the license/permit and the date of revocation.
(c) The notice shall be sent by certified
				  mail, and, at that time, a copy shall be forwarded to the State Police,
				  Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania
				  17110.
(d) An individual whose
				  license/permit is revoked shall surrender the license/permit to the issuing
				  authority within 5 days of the receipt of notice.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.121 - PICS firearm acquisition/license to carry/denial challenge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The PICS firearm acquisition/license to
				  carry/denial challenge form, shall be furnished to licensed firearms dealers
				  and county sheriffs in this Commonwealth, to be provided to individuals upon
				  request, who are denied the ability to purchase or acquire a firearm, as
				  defined in section
				  6111.2 of the act (relating to
				  firearms sales surcharge) or a license to carry a firearm, based upon a PICS
				  firearms background check determination. A written request for these forms may
				  be directed to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue,
				  Harrisburg, Pennsylvania 17110. Forms shall be furnished to the firearms
				  dealer/sheriff and shall be requested at least 3 weeks prior to the time of
				  actual need.
(b) The PICS firearm
				  acquisition/license to carry/denial challenge form shall be either typewritten
				  or printed in blue or black ink pen. The form shall be completed containing
				  legible impressions. It shall be the responsibility of the individual
				  submitting the denial challenge to ensure the form is accurately completed. The
				  form shall be submitted within 30 days of the PICS denial determination by the
				  requesting individual, by first class mail, to the State Police, Attention:
				  Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FINES AND PENALTIES › Section 33.122 - Fines and other penalties

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is promulgated under the authority contained
					 in the act, and will be prosecuted as a violation of the act.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORMS › Section 33.131 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  forms have been promulgated by the State Police under authority of the act and
				  this subpart.
(1) Application/Record of
				  Sale.
(2) Surcharge Remittance
				  Form.
(3) Surcharge Remittance
				  Continuation Form.
(4) Application
				  for a Pennsylvania License to Carry Firearms.
(5) Pennsylvania License to Carry
				  Firearms.
(6) Application for a
				  Pennsylvania License to Sell Firearms.
(7) Pennsylvania License to Sell
				  Firearms.
(8) Pennsylvania
				  Sportsman's Firearm Permit.
(9)
				  Notification of Mental Health Commitment.
(10) PICS Firearm Acquisition/ License to
				  Carry/Denial Challenge.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 41 - DESIGNATION OF EMERGENCY VEHICLES › Section 41.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to emergency vehicle designations.
				  Vehicles which are specifically listed within
				  75 Pa.C.S. §
										102
				  (relating to definitions) as emergency vehicles do not require written
				  designation.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 41 - DESIGNATION OF EMERGENCY VEHICLES › Section 41.3 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
Designations shall be made under
				  75 Pa.C.S. §
										6106
				  (relating to designation of emergency vehicles by Pennsylvania State Police),
				  which provides that the State Police may designate a vehicle or group of
				  vehicles as emergency vehicles upon a finding that the designation is necessary
				  to the preservation of life or property or to the execution of emergency
				  governmental functions.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 41 - DESIGNATION OF EMERGENCY VEHICLES › Section 41.4 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
Procedure.
Application for an emergency
				  vehicle designation shall be made to the State Police on the Emergency Vehicle
				  Designation, Form SP 6-115.
(1)
				Application forms may be obtained from the State Police, Director, Bureau of
				Patrol, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17109.
(2) Applications shall be notarized and
				submitted in duplicate.
(3) The
				Bureau of Patrol has the authority for approval or disapproval of applications.
				An applicant will be notified by mail of the disposition of the
				application.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 41 - DESIGNATION OF EMERGENCY VEHICLES › Section 41.5 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Considerations.
The following vehicles may qualify for an
				emergency vehicle designation:
(1) The
				Pennsylvania Emergency Management Agency and local emergency management
				organization vehicle.
(2) Bona fide
				rescue organization vehicle.
(3)
				Department of Corrections vehicles used by members of the Department's Hostage
				Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams,
				Corrections Rifle Specialist Teams and Central Office Special Teams
				Coordinator.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 41 - DESIGNATION OF EMERGENCY VEHICLES › Section 41.6 - Red lights and audible warning system

Current through Register Vol. 54, No. 28, July 13, 2024
Equipment authorized or required by 75 Pa.C.S. (relating to
				  Vehicle Code), for emergency vehicles shall conform to 67 Pa. Code Part I
				  (relating to Department of Transportation).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 41 - DESIGNATION OF EMERGENCY VEHICLES › Section 41.7 - Termination or cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conditions.
Designators shall remain valid until terminated or
				cancelled. The Commissioner may cancel an emergency vehicle designation under
				the following conditions or for any other reasonable grounds:
(1) The termination, for any reason, of a
				condition which entitled the holder to the designation.
(2) The sale or destruction of the vehicle
				for which the designation was issued.
(3) A violation of the conditions applying to
				the designation or stated in this chapter.
(4) In the case of vehicles designated by the
				State Police as emergency vehicles, a conviction against the driver for a
				violation of 75 Pa.C.S. (relating to Vehicle Code) or 18 Pa.C.S. (relating to
				Crimes Code).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 42 - USE OF UNMARKED VEHICLES › GENERAL PROVISIONS › Section 42.2 - Policy and effect

Current through Register Vol. 54, No. 28, July 13, 2024
The policy of the Commonwealth is to permit the use of
					 unmarked vehicles by police officers. Failure to comply with this chapter does
					 not affect the legality of any arrest or citation, nor will it be grounds for
					 the suppression of evidence except as provided by statutory or constitutional
					 law.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 42 - USE OF UNMARKED VEHICLES › GENERAL PROVISIONS › Section 42.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless otherwise indicated:
Light bar assembly
-A device designed and
					 constructed to display more than one steady burning, flashing or revolving beam
					 of light with 360° visibility.
Marked police vehicle
-A police vehicle
					 that is equipped with at least one light-bar assembly and displays graphics,
					 markings or decals identifying the agency or department on a minimum of three
					 sides (front, rear, left or right).
Official identification
-Identification
					 issued, designated or approved by the individual law enforcement agency or
					 municipality.
Official uniform
-Any attire designated or
					 approved by the individual law enforcement agency or municipality.
Unmarked police vehicle
-A police vehicle
					 not equipped with a roof mounted light-bar assembly. The vehicle may display
					 graphics, markings or decals, identifying the agency or
					 department.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 42 - USE OF UNMARKED VEHICLES › PROCEDURES › Section 42.21 - Identification and uniform requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Identification
. Police
				  officers using an unmarked police vehicle shall ensure they are carrying
				  official identification, other than their uniform, to verify their identity,
				  unless it would jeopardize the police officers' safety due to their work
				  assignment. Police officers shall be prepared to display their official
				  identification upon request. Police officers shall honor these requests when
				  the request is reasonable and the police officer's safety has been ensured. If
				  the police officer does not carry official identification, the police officer
				  may not attempt to stop traffic law violators, unless there is immediate threat
				  to public safety.
(b)
Uniforms
. Police officers assigned to use an unmarked police
				  vehicle to perform patrol duties shall be attired in an official uniform.
				  Police officers assigned other duties that are likely to include or require
				  traffic stops shall wear an official uniform or alternative attire, such as a
				  police raid jacket, that bears the name of a specific law enforcement agency or
				  task force.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 42 - USE OF UNMARKED VEHICLES › PROCEDURES › Section 42.22 - Vehicle stops and pursuits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Stopping suspected violators while operating an unmarked police
				  vehicle
. Police officers stopping suspected violators shall attempt to
				  ascertain the safest available location for the police officer and the
				  motorist, consistent with the need for prompt action. Police officers shall
				  take into consideration the road and weather conditions, terrain, lighting,
				  traffic and the nature of the violation. The police officer shall also attempt
				  to choose a location that will afford both the driver and the police officer a
				  sense of safety.
(b)
Use of
				  audible and visual signals required while operating an unmarked police
				  vehicle
. Audible and visual signals meeting the requirements of
				  75 Pa.C.S. §
											4571
				  (relating to visual and audible signals on emergency vehicles) shall be
				  utilized when police officers stop suspected violators.
(c)
Unmarked police vehicle
				  pursuits
. Police officers engaged in a pursuit using an unmarked
				  police vehicle, shall relinquish their role as the primary pursuit vehicle and
				  permit police officers in marked police vehicles to assume the role of the
				  primary pursuit vehicle when that assistance is available.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-Title 18 of the
Pennsylvania
					 Consolidated Statutes
, Chapter 57 (relating to the Wiretapping and
					 Electronic Surveillance Control Act).
Attorney General
-The Attorney General of
					 the Commonwealth.
Commissioner
-The Commissioner of the State
					 Police.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.2 - Introductory statement

Current through Register Vol. 54, No. 28, July 13, 2024
The Attorney General and the Commissioner together find
					 that:
(1) The certifications of
				  Commonwealth investigative and law enforcement officers as eligible to conduct
				  wiretapping and electronic surveillance shall be issued in the following two
				  separate classifications:
(i) Certification to
				  monitor all communications intercepted under the act and, in addition, to
				  conduct interceptions in cases when the Commonwealth investigative or law
				  enforcement officer is a party to the communication to be intercepted or when
				  at least one of the parties to the communication to be intercepted has given
				  voluntary prior consent to the interception.
(ii) Certification to perform all monitoring
				  and communications interceptions conferred upon Class A certified Commonwealth
				  investigative or law enforcement officers and to conduct interceptions when
				  there is no consent but prior court approval for the interception has been
				  ordered under sections 5708-5713 of the act or when the interception is under
				  section 5713.1 of the act (relating to
				  emergency hostage and barricade situations).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.3 - Persons required to be certified

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  Commonwealth investigative or law enforcement officer who takes custody of
				  intercepting devices from a District Attorney or the Attorney General or the
				  designee of one of these officials to perform an interception, who conducts an
				  interception, or who monitors an interception shall first be certified
				  according to this chapter.
(b) An
				  investigative or law enforcement officer who is a District Attorney or the
				  District Attorney's designee or the Attorney General or the Attorney General's
				  designee who approves a consensual interception need not be certified. Other
				  law enforcement or investigative officers who are involved in the investigation
				  in connection with which a conversation is intercepted, who perform assisting
				  or ministerial functions in connection with the interception, whose only role
				  in the interception is that of the consenting party, or who hear the
				  interception but are not performing a formal monitoring function, need not be
				  certified.
(c) An investigative or
				  law enforcement officer of the United States who has been designated a
				  Commonwealth investigative or law enforcement officer by the Attorney General
				  or a District Attorney, and who has successfully completed a course of training
				  in wiretapping and electronic surveillance sponsored by an agency of the United
				  States which is determined by the Attorney General and the Commissioner to be
				  the substantial equivalent of a course of training established by this chapter
				  is deemed certified under this chapter, and therefore, eligible to monitor
				  interceptions under the act. Before undertaking the duties and responsibilities
				  of a monitor under this subsection, the investigative or law enforcement
				  officer shall provide documentation from the agency by which the officer is
				  employed establishing successful completion of the equivalent course to the
				  attorney approving or supervising the interception or, for interceptions
				  authorized under section
				  5713.1 of the act (relating to
				  emergency hostage and barricade situations), to the supervising law enforcement
				  officer authorizing the inteception.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.4 - Classification of certifications

Current through Register Vol. 54, No. 28, July 13, 2024
Certifications issued under this chapter shall be
					 designated as follows:
(1) Class "A"
				  certification shall signify authority for the certified Commonwealth
				  investigative or law enforcement officer as eligible, for the purposes of
				  section 5724 of the act (relating to training), to monitor communications
				  intercepted under the act and to conduct interceptions under section 5704(2)
				  and (12) of the act (relating to exceptions to prohibition of interception and
				  disclosure of communications). Class "A" certification, along with the other
				  requirements delineated at section
				  5713.1(d) of the
				  act (relating to emergency hostage and barricade situations) and §
										51.5(1)(ix)
				  (relating to minimum standards) shall be a prerequisite to eligibility to be
				  named a "supervising law enforcement officer" under section
				  5713.1 of the act. Class "B"
				  certified personnel shall only conduct interceptions under section
				  5713.1 of the act when requested
				  to do so by a properly designated "supervising law enforcement
				  officer."
(2) Class "B"
				  certification shall signify authority for the certified Commonwealth
				  investigative or law enforcement officer as eligible, for the purposes of
				  section 5724 of the act, to engage in activities authorized for investigative
				  or law enforcement officers having Class "A" certification and, in addition
				  thereto, to engage in the conduct of communication interceptions for the
				  purposes of sections 5708-5713.1 of the act. Class "A" certification shall be a
				  prerequisite for a Class "B" certification.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.5 - Minimum standards

Current through Register Vol. 54, No. 28, July 13, 2024
Before certification shall issue to a Commonwealth
					 investigative or law enforcement officer, the officer shall take and pass a
					 comprehensive examination demonstrating a working skill or knowledge pertaining
					 to specific areas determined by the class of certification sought.
(1) Each officer applying for Class "A"
				  certification shall be required to demonstrate skill or knowledge relating to:
(i) The contents of the act, including
				  procedures mandated by the act relative to consensual interceptions as well as
				  the difference between consensual and nonconsensual wiretapping or
				  eavesdropping.
(ii) The
				  requirements of the Constitutions of Pennsylvania and the United States
				  relating to consensual and nonconsensual interceptions, including relevant
				  privacy considerations.
(iii) The
				  Federal law pertaining to electronic surveillance.
(iv) The meaning and significance of
				  voluntary consent.
(v) The
				  appropriate authorities to authorize a consensual interception and the method
				  of seeking prior approval from the authorities.
(vi) The law regarding entrapment.
(vii) The situations when recordings may be
				  appropriate or required, including justification for their use and the methods
				  employed; proper monitoring procedures, including the requirements relating to
				  minimization and privileged communications; report writing and recordkeeping
				  functions; and procedures for the maintenance and custody of recordings made
				  under the act.
(viii) The various
				  kinds and types of equipment available for consensual interceptions, as well as
				  their proper, lawful and effective utilization, custody and care.
(ix) The contents of the act, including
				  procedures mandated by the act relative to section
				  5713.1 of the act (relating to
				  emergency hostage and barricade situations), in addition to the requirements
				  listed in subparagraphs (i)-(viii) for standard Class "A" certification, when
				  the Commonwealth investigative or law enforcement officer is a candidate for
				  designation as a "supervising law enforcement officer" as defined at section
				  5713.1(d) of the act.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.6 - Certification training programs

Current through Register Vol. 54, No. 28, July 13, 2024
Training programs for purposes of certification shall be
					 conducted at such times and locations in this Commonwealth as shall hereafter
					 be announced.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.7 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
A reasonable enrollment fee to cover instructional costs
					 shall be charged to each Commonwealth investigative or law enforcement officer
					 who attends a Certification Training Program. Whenever necesary and possible,
					 room and board shall be made available to attendees at a fee to be announced
					 prior to the scheduled program.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.8 - Hours and subject matter

Current through Register Vol. 54, No. 28, July 13, 2024
The certification training programs for Class "A" and Class
					 "B" certifications shall include lectures, demonstrations, practical
					 applications, and examinations, and shall consist of no less than a three-day
					 session for officers seeking Class "A" certification, and a separate and
					 additional session for officers seeking a Class "B" certification consisting of
					 not less than eight days. Each respective training program shall cover the
					 minimum standards for the respective classification set forth in §
										51.5 of this chapter (relating to
					 minimum standards) as well as additional legal and technical aspects of
					 wiretapping and electronic surveillance.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.9 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Certifications and certification numbers shall be issued to
					 officers who have completed the prescribed course of training and passed the
					 examination.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.10 - Recertifications

Current through Register Vol. 54, No. 28, July 13, 2024
Recertifications Training Programs shall be conducted when
					 considered necessary in the judgment of the Attorney General and of the
					 Commissioner.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.11 - Decertification

Current through Register Vol. 54, No. 28, July 13, 2024
In the event that it appears to the Attorney General and
					 the Commissioner that an investigative or law enforcement officer previously
					 certified has violated the law relating to electronic interceptions of
					 communications or has substantially failed to comply with applicable written
					 regulations or procedures in the electronic interception or attempted
					 electronic interception of a communication, the Attorney General and the
					 Commissioner may suspend or revoke the officer's certification; provided,
					 however, that before a certification shall be revoked the certified officer
					 shall be given written notice of the violation of law or failure to comply that
					 is charged and shall be afforded a hearing, if requested, before a designated
					 hearing officer agreed upon by the Attorney General and the Commissioner. The
					 decision of the designated hearing officer shall constitute final
					 administrative action with respect to the question of revocation of
					 certification. During the period between receipt of notice and final decision
					 of the hearing examiner, certification shall be suspended.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.12 - Automatic termination of certification

Current through Register Vol. 54, No. 28, July 13, 2024
A certification shall automatically terminate and shall
					 automatically be considered revoked upon a certified officer's loss of his
					 status as an investigative or law enforcement officer. It shall be the duty of
					 the certified officer to immediately return his certification card and
					 certificate to the Commissioner upon loss of status as an investigative or law
					 enforcement officer.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.13 - Failure to complete recertification program

Current through Register Vol. 54, No. 28, July 13, 2024
Certifications shall terminate upon notice to the certified
					 officer that he has failed to complete a recertification training program of
					 which the officer has been notified and instructed by the Attorney General and
					 the Commissioner to attend in order to maintain certification. It shall be the
					 duty of the Certified Officer to immediately return his certification card and
					 certificate to the Commissioner upon failure to complete a recertification
					 program.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.14 - Educational newsletter

Current through Register Vol. 54, No. 28, July 13, 2024
Certified officers will be informed of updates and changes
					 in laws, procedures, and other relevant matters by a periodic
					 newsletter.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › GENERAL PROVISIONS › Section 51.15 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
Commonwealth investigative and law enforcement officers
					 desiring to undergo training and to obtain certification shall submit a letter
					 of application for training and certification to the Commissioner of the State
					 Police at the address indicated on the application. Applications shall be
					 submitted through the officer's agency head. The Attorney General or
					 Commissioner shall be authorized to reject any application, and to refuse
					 acceptance of any applicant into the program.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 51 - TRAINING AND MINIMUM STANDARDS UNDER THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT › FORMS › Section 51.21 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following official forms, which are attached hereto and
					 made part of this section, have been promulgated under provisions set forth in
					 this chapter:
(1) Form SP 5-102,
				  Certificate of Training.
(2) Form
				  SP 5-102A, Identification Card.
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Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › PRELIMINARY PROVISIONS › Section 53.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Act
-The Ethnic Intimidation Statistics
					 Collection Act (71 P. S. §
											250).
Commissioner
-The Commissioner of the
					 State Police.
Department
-The State Police.
Ethnic intimidation
-alicious intention
					 motivated by hatred toward the race, color, religion or national origin of
					 another individual or group of individuals manifested through the commission of
					 an act which is a necessary element of an offense under the following
					 provisions of 18 Pa.C.S. (relating to crimes and offenses):
(i) Article B (relating to offenses involving
				  danger to the person).
(ii) Chapter
				  33 (relating to arson, criminal mischief and other property destruction
				  (excluding section 3307 (relating to institutional vandalism))).
(iii) Section 3503 (relating to criminal
				  trespass).
(iv) Section 5504
				  (relating to harassment by communication or address).
Reporting agency
-A Commonwealth law
					 enforcement agency contributing to the Pennsylvania Uniform Crime Reporting
					 Program and the State Fire Marshal.
Uniform Crime Reporting (UCR) Program
-A
					 program established by law which provides a Statewide view of crime trends and
					 volume based on the submission of statistics by law enforcement agencies
					 throughout this Commonwealth. The Department, under the act of November 22,
					 1978 (P. L. 1166, No. 274) (71 P. S. §§
											1190.21-1190.30) and an interagency agreement
					 between the Department and the Commission on Crime and Delinquency, acts as the
					 administrator of the UCR Program, with the authority and responsibility for
					 collection and dissemination of this statistical information.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › PRELIMINARY PROVISIONS › Section 53.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth rules for the submission,
					 collection, preservation, protection and dissemination of information, records
					 or statistics relative to crimes and incidents related to ethnic intimidation.
					 This chapter is applicable to Commonwealth law enforcement agencies, the State
					 Fire Marshal and agencies, departments, boards, commissions or officials who
					 are required to report information or who request information, records or
					 statistics collected.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › GENERAL PROVISIONS › Section 53.11 - Responsibilities of reporting agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A reporting agency is responsible for
				  submitting the information required in §
										53.13 (relating to information
				  required to be submitted) when a crime or incident related to ethnic
				  intimidation occurs within its reporting jurisdiction. This information shall
				  be reported on a monthly basis in conjunction with and as an attachment to the
				  monthly UCR Program submission. The form prescribed in §
										53.21 (relating to forms) shall be
				  submitted as the reporting document. If no crime or incident related to ethnic
				  intimidation occurs, no submission is required.
(b) A reporting agency shall be guided by the
				  Pennsylvania Supplemental Uniform Crime Reporting Manual in determining the
				  appropriate reporting jurisdiction.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › GENERAL PROVISIONS › Section 53.12 - Responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department is responsible for
				  collecting, preserving, protecting and disseminating the information which is
				  submitted by reporting agencies.
(b) Requests for ethnic intimidation
				  information, records or statistics and the release of this information shall be
				  regulated as provided in §
										53.14 (relating to dissemination
				  of information).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › GENERAL PROVISIONS › Section 53.13 - Information required to be submitted

Current through Register Vol. 54, No. 28, July 13, 2024
A reporting agency shall include the following information
					 when reporting crimes and incidents related to ethnic intimidation:
(1) Date the incident occurred.
(2) Time the incident occurred.
(3) Type of incident.
(4) Victim information.
(5) Offender information.
(6) Arrest information.
(7) Description of weapons used, injuries and
				  property damage sustained.
This section cited in 37 Pa. Code §
												53.11 (relating to
						responsibilities of reporting
						agencies).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › GENERAL PROVISIONS › Section 53.14 - Dissemination of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  reporting agency or other interested agency, department, board, commission or
				  official desiring information, records or statistics collected under the act
				  shall address the request to the Commissioner, State Police, Department
				  Headquarters, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. The request
				  shall be made upon the official letterhead stationery of the requesting agency,
				  department, board, commission or official and shall specify:
(1) The exact information, records or
				  statistics being requested.
(2) The
				  need for and anticipated use of the information, records or statistics being
				  requested.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 53 - COLLECTION, PRESERVATION, PROTECTION AND DISSEMINATION OF ETHNIC INTIMIDATION STATISTICS › FORMS › Section 53.21 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The reporting
				  document prescribed by the Department to be utilized by a reporting agency to
				  report crimes or incidents related to ethnic intimidation shall be Return J,
				  Pennsylvania Monthly Ethnic Intimidation Report, of the UCR Program report form
				  system.
(b) The Return J report
				  form and detailed instructions for its completion will be furnished to law
				  enforcement agencies in the UCR Program by the Department through a State
				  Police UCR Liaison Officer.
This section cited in 37 Pa. Code §
												53.11 (relating to
						responsibilities of reporting
						agencies).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 55 - ADMINISTRATION OF MEGAN'S LAW-NEIGHBOR NOTIFICATION › Section 55.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The General
				Assembly has declared its intention to protect the safety and general welfare
				of the people of this Commonwealth by providing for registration and community
				notification regarding sexually violent predators who are about to be released
				from custody and will live in or near their neighborhood.
(b) The General Assembly further declared it
				to be the policy of the Commonwealth to require the exchange of relevant
				information about sexually violent predators among public agencies and
				officials and to authorize the release of necessary and relevant information
				about sexually violent predators to members of the general public as a means of
				assuring public protection and that the same is not be construed as
				punitive.
(c) The General Assembly
				has determined and declared as a matter of Legislative finding that the release
				of information about sexually violent predators to public agencies and the
				general public will further the governmental interests of public safety and
				public scrutiny of the criminal and mental health systems so long as the
				information is rationally related to the furtherance of those goals.
(d) Information gathered under 42 Pa.C.S.
				Chapter 97, Subchapter H (relating to registration of sexual offenders), will
				not be disclosed outside the established criminal justice system, except as
				allowed by law.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 55 - ADMINISTRATION OF MEGAN'S LAW-NEIGHBOR NOTIFICATION › Section 55.2 - Legislative finding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				General Assembly has determined and declared that if the public is provided
				adequate notice and information about sexually violent predators and certain
				other offenders, the communities can develop constructive plans to prepare
				themselves and their children for the offender's release. This allows
				communities to meet with law enforcement agencies to prepare and obtain
				information about the rights and responsibilities of the communities and to
				provide education and counseling to their children.
(b) Persons found to have committed sexually
				violent offenses have a reduced expectation of privacy because of the public's
				interest in public safety and in the effective operation of
				government.
(c) Release of
				information about sexually violent predators to public agencies and the general
				public will further the governmental interests of public safety and public
				scrutiny of the criminal and mental health systems so long as the information
				released is rationally related to the furtherance of those goals.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 55 - ADMINISTRATION OF MEGAN'S LAW-NEIGHBOR NOTIFICATION › Section 55.3 - Immunity for good faith conduct

Current through Register Vol. 54, No. 28, July 13, 2024
The General Assembly has also declared that the following
				  entities shall be immune from liability for good faith conduct under 42 Pa.C.S.
				  Chapter 97, Subchapter H (relating to registration of sexual offenders):
(1) The State Police and local law
				enforcement agencies and employes of law enforcement agencies.
(2) District attorneys and their agents and
				employes.
(3) Superintendents,
				administrators, teachers, employes and volunteers engaged in the supervision of
				children of any public, private or parochial school.
(4) Directors and employes of county children
				and youth agencies.
(5) Presidents
				or similar officers of universities and colleges, including community
				colleges.
(6) The Board of
				Probation and Parole and its agents and employes.
(7) Directors of licensed day care
				centers.
(8) Directors of licensed
				preschool programs.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 55 - ADMINISTRATION OF MEGAN'S LAW-NEIGHBOR NOTIFICATION › Section 55.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates otherwise:
Neighbor
-For the purposes of 42 Pa.C.S.
				  Chapter 97, Subchapter H (relating to registration of sexual offenders), those
				  persons occupying both residences and places of employment located within a
				  250-foot radius of a sexually violent predator's residence, or the 25 most
				  immediate residences and places of employment in proximity to the sexually
				  violent predator's residence, whichever is greater.
Sexually violent predator
-A person who has
				  been convicted of a sexually violent offense as set forth in
				  42 Pa.C.S. §
										9793(b) (relating to
				  registration of certain offenders for ten years) and who is determined to be a
				  sexually violent predator under
				  42 Pa.C.S. §
										9794(e) (relating to
				  designation of sexually violent predators) due to a mental abnormality or
				  personality disorder that makes the person likely to engage in predatory
				  sexually violent offenses.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 55 - ADMINISTRATION OF MEGAN'S LAW-NEIGHBOR NOTIFICATION › Section 55.5 - Notification

Current through Register Vol. 54, No. 28, July 13, 2024
Chief law enforcement officers, or the State Police where no
				  municipal police jurisdiction exists, shall provide written notices of the
				  current address of sexually violent predators to neighbors within 72 hours of
				  receipt. Notwithstanding other provisions, verbal notification may be used if
				  written notification would delay meeting this time requirement. See Chapter 56
				  (relating to guidelines for administration of Megan's Law-statement of
				  policy).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 55 - ADMINISTRATION OF MEGAN'S LAW-NEIGHBOR NOTIFICATION › Section 55.6 - Documentation of notification

Current through Register Vol. 54, No. 28, July 13, 2024
Chief law enforcement officers, or the State Police where no
				  municipal police jurisdiction exists, shall establish written procedures and
				  policies concerning community notification of sexually violent predators. The
				  policy and procedures should include general parameters and basic requirements
				  for documenting notifications. For example, records shall reflect the date and
				  times, geographic areas, methods employed, whether verbal notification was
				  necessary, and whether all notifications were provided to the identified area.
				  The record shall also reflect if follow-up notification attempts were
				  necessary. The record will not reflect great detail or the names and addresses
				  of all individuals to whom notification was provided.