PRINTER'S NO. 1765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1531
Session of
2023
INTRODUCED BY RABB, SANCHEZ AND KRAJEWSKI, JUNE 28, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 2023
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in law enforcement background
investigations and employment information, further providing
for maintenance of records and for hiring report; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7308 of Title 44 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 7308. Maintenance of records.
* * *
(d) Penalties for noncompliance.--A law enforcement agency
that fails to put all relevant separation records into the
database in a timely manner under section 7309(d) (relating to
reporting) shall be ineligible to receive State funding for
equipment, hiring or overtime expenses. A noncompliant law
enforcement agency that seeks State funding designated for the
purpose of violence intervention, victim services or community
engagement programs shall first obtain the approval of the
commission.
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Section 2. Section 7311 of Title 44 is amended to read:
§ 7311. Hiring report.
(a) Information required to be reported.--If a prospective
employing law enforcement agency hires an applicant whose
separation records includes any of the following, the law
enforcement agency shall file a report with the commission that
indicates the prospective employing law enforcement agency's
reasoning and rationale for hiring the applicant[:] and
materially addresses why an applicant should be hired in
response to each documented disciplinary action in each of the
enumerated categories below. A hiring report shall be formatted
so that each disciplinary action per enumerated category is
required to be selected as appropriate:
(1) [Final and binding disciplinary] Disciplinary action
based on any of the following:
(i) excessive force;
(ii) harassment;
(iii) theft;
(iv) discrimination;
(v) sexual abuse;
(vi) sexual misconduct;
(vii) domestic violence;
(viii) coercion of a false confession;
(ix) filing a false report; or
[(x) a judicial finding of dishonesty.]
(x.1) a finding of dishonesty at any level by an
authority, internal or external, including judicial,
civil or administrative.
(2) A criminal conviction relating to conduct described
in paragraph (1).
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(b) Electronic database of commission.--
(1) The hiring report shall be included in the
commission's electronic database.
(2) The hiring report shall be on a form developed by
the commission and made available on the commission's
publicly accessible Internet website.
(3) The Pennsylvania Commission on Crime and
Delinquency, the Majority Leader of the Senate, the Majority
Leader of the House of Representatives, the Minority Leader
of the Senate and the Minority Leader of the House of
Representatives may request that the commission produce a
report within five business days that documents the following
information:
(i) The number of agencies participating.
(ii) The number of separation records added in the
last 12-month period.
(iii) The number of separation records containing
allegations applicable in subsection (a), past and
present.
(iv) The number of conditional offers of employment
made by the county or law enforcement agency.
(v) The total number of hiring reports.
(vi) The number of hiring reports submitted.
(vii) The number of applicants for which hiring
reports were submitted.
(viii) The number of applicants rejected due to
substantiated allegations, complaints or final and
binding disciplinary action in the system.
(ix) The number of hirings despite allegations in
each category.
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(4) By January 31 each year, the commission, in
coordination with the Pennsylvania Commission on Crime and
Delinquency, shall publish on the commission's publicly
accessible Internet website an annual report reviewing the
efficacy of the database on police accountability, community
safety and best practices in human resources within law
enforcement agencies. This report shall include:
(i) The number of separation records added in the
last 12 months.
(ii) The number of separation records containing
allegations in subsection (a).
(iii) The number of hirings despite allegations in
each category in subsection (a).
(c) Subject to disclosure.--The hiring report shall be
subject to disclosure under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
(d) Public notice required prior to hiring.--A prospective
employing law enforcement agency, municipality or entity that
hires agents defined under State law as peace officers whose
record of separation includes any of the following reasons or
circumstances for separation shall issue a public notice 14
business days before the prospective employing law enforcement
agency or municipality takes formal action to hire the
prospective officer:
(1) Substantiated allegations, substantiated complaints
or completed or ongoing investigations, whether internal or
external, of the use of excessive force, harassment, theft,
discrimination, sexual abuse, sexual misconduct, domestic
violence, coercion of a false confession, filing a false
report or any finding of dishonesty at any level by an
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authority, internal or external, including judicial, civil or
administrative.
(2) Criminal charges related to substantiated
allegations, substantiated complaints or completed or ongoing
investigations, whether internal or external, of the use of
excessive force, harassment, theft, discrimination, sexual
abuse, sexual misconduct, domestic violence, coercion of a
false confession, filing a false report or any finding of
dishonesty at any level by any authority, internal or
external, including judicial, civil or administrative.
(e) Penalties for noncompliance.--A law enforcement agency
or other entity that hires a peace officer that does not comply
with the requirements of this chapter or fails to include all
relevant separation records into the database in a timely manner
under section 7309(d) (relating to reporting) shall be
ineligible to apply or otherwise receive State grants or other
incentives. Municipal, county or other governmental entities
with budget authority over law enforcement or other agencies
that hire peace officers within their jurisdiction shall be made
ineligible for applying for or receipt of State money or tax
incentives due to noncompliance with this chapter.
Section 3. This act shall take effect in 60 days.
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