Pennsylvania Act 2018-57 — JUDICIAL CODE (42 PA.C.S.) - NONMUNICIPAL POLICE EXTRATERRITORIAL JURISDICTION AND AGENTS OF THE OFFICE OF ATTORNEY GENERAL FOR PURPOSES OF MUNICIPAL POLICE JURISDICTION

Act text

Session of 2018

No. 2018-57

HB 1738

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in commencement of proceedings, further providing for definitions and providing for nonmunicipal police extraterritorial jurisdiction for purposes of municipal police jurisdiction and for agents of the Office of Attorney General for purposes of municipal police jurisdiction.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 8951 of Title 42 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read:

§ 8951. Definitions.

The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

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"Nonmunicipal police department." The term shall have the same meaning as paragraphs (2), (3), (4), (5) and (6) in the definition of "police department" in 53 Pa.C.S. § 2162 (relating to definitions) and shall include the Office of Attorney General.

"Nonmunicipal police officer." A police officer employed by a nonmunicipal police department as a regular full-time or part-time police officer and an agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions).

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Section 2. Title 42 is amended by adding sections to read:

§ 8953.1. Nonmunicipal police extraterritorial jurisdiction.

(a) Power and authority.--In addition to a power and authority vested by law, a nonmunicipal police officer who is within this Commonwealth, but beyond the territorial limit of the jurisdiction established for the officer's nonmunicipal police department by law, shall have the power and authority to enforce the laws of this Commonwealth or to perform a function of a municipal police officer in the following circumstances:

(1) If the officer is in hot pursuit of a person for an offense which was committed, or which the officer has probable cause to believe was committed, within the officer's jurisdiction and for which the officer continues in fresh pursuit of the person after the commission of the offense.

(2) If the officer has been requested to immediately aid or assist a Federal, State or local law enforcement officer or park police officer or has probable cause to believe that the other officer is in need of aid or assistance.

(3) If, while on official business, the officer views an offense and makes a reasonable effort to identify himself or herself as a police officer and the offense is:

(i) A felony.

(ii) A misdemeanor.

(iii) A breach of the peace or other act that presents an immediate clear and present danger to a person or property.

(4) If the officer views an offense that is a felony and makes a reasonable effort to identify himself or herself as a police officer.

(b) Applicability.--A nonmunicipal police officer acting in accordance with the authority granted under this section shall be subject to section 8953(b), (c) and (d) (relating to Statewide municipal police jurisdiction) to the same extent as would a municipal police officer.

§ 8953.2. Agents of the Office of Attorney General.

(a) Power and authority.--An agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions), in addition to the power and authority vested by law, shall have the power and authority to enforce the laws of this Commonwealth or to perform a function of a municipal police officer in the following circumstances:

(1) If the officer has been requested to immediately aid or assist a Federal, State or local law enforcement officer or park police officer or has probable cause to believe that the other officer is in need of aid or assistance.

(2) If, while on official business, the officer views an offense and makes a reasonable effort to identify himself or herself as a police officer and the offense is:

(i) A felony.

(ii) A misdemeanor.

(iii) A breach of the peace or other act that presents an immediate clear and present danger to a person or property.

(3) If the officer views an offense that is a felony and makes a reasonable effort to identify himself or herself as a police officer.

(b) Applicability.--An agent of the Office of Attorney General acting in accordance with the authority granted under this section shall be subject to section 8953(b), (c) and (d) (relating to Statewide municipal police jurisdiction) to the same extent as would a municipal police officer.

Section 3. This act shall take effect in 60 days.

APPROVED--The 28th day of June, A.D. 2018.

TOM WOLF