Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › GENERAL PROVISIONS › Section 21.1 - 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 Lethal Weapons Training Act
					 (22
					 P. S. §§
											41-50).
Certification
-The Commissioner's written
					 authorization under the act and this chapter.
Certification card
-A laminated wallet or
					 billfold size, written authorization issued by the Commissioner which
					 identifies the bearer as being a certified agent.
Certified agent
-A privately employed agent
					 who possesses a current and valid certification issued by the Commissioner.
Commissioner
-The Commissioner of the
					 Pennsylvania State Police.
Conviction
-Includes being found guilty,
					 or entering a plea of guilty or
nolo contendere
to a crime in
					 a court of competent jurisdiction in this Commonwealth or elsewhere.
Crime of violence
-Any of the following
					 crimes, or an attempt, solicitation or conspiracy to commit any of the same in
					 this Commonwealth or elsewhere, namely: murder, rape, aggravated assault,
					 robbery, burglary, entering a building with intent to commit a crime therein,
					 kidnapping, voluntary manslaughter, involuntary deviate sexual intercourse,
					 arson, recklessly endangering another person or terroristic threats.
Department
-The Pennsylvania State
					 Police.
Disqualifying criminal offense
-
(i) A conviction for a crime of violence
				  shall be a disqualifying criminal offense; or
(ii) A conviction for any other crime may be
				  a disqualifying criminal offense. Note: Conviction of a criminal offense which
				  is equivalent to subparagraphs (i) and (ii) may constitute a disqualifying
				  criminal offense.
Firearm
-A pistol, revolver, rifle or
					 shotgun.
Full-time police officer
-A person who is
					 employed by a city, borough, town, township or county police department
					 (including sheriffs, deputy sheriffs and county detectives) assigned to law
					 enforcement duties, and who works a minimum of 200 calendar days per year. The
					 term does not include persons employed to check parking meters or to perform
					 only administrative duties, nor does it include auxiliary and fire police. For
					 the purposes of §
										21.16 (relating to exemption for
					 retired police officers), the term includes a person employed by the
					 Pennsylvania State Police.
Instructional hour
-At least 50 minutes of
					 a clock hour.
Law enforcement officer
-A sheriff, deputy
					 sheriff, constable, deputy constable, detective, police officer of this
					 Commonwealth, or any political subdivision, school district, or municipal
					 authority thereof.
Lethal weapons
-Include, but are not
					 limited to, firearms and other weapons calculated to produce death or serious
					 bodily harm. A concealed billy club is a lethal weapon. The chemical mace or
					 any similar substance shall not be considered as a lethal weapon for the
					 purposes of the act. For purposes of this chapter, a nonconcealed billy club
					 shall also be considered a lethal weapon.
Privately employed agent
-Any person who is
					 employed for the purpose of providing watchguard, protective patrol, detective
					 or criminal investigative services either for another for a fee or for his
					 employer. Privately employed agents do not include local, State or Federal
					 government employes or those police officers commissioned by the Governor under
					 22 Pa.C.S. §§
											3301-3305 (relating to railroad and street
					 railway police), while performing their public/railroad employment duties. The
					 term shall include a police officer of a municipal authority.
Program
-The education and training program
					 established, administered or approved by the Commissioner under the act.
Revocation
-The permanent invalidation of
					 certificate/ approval issued by the Commissioner.
Suspension
-The temporary invalidating of
					 a certificate/approval issued by the Commissioner.
This section cited in 37 Pa. Code §
												21.15 (relating to exemption for
						active full-time police officers).