BULLETIN
SPRING 2019
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
Inside this Issue: PCPA Executive Board and Committees
PCPA 2019 Conference
New and Re-Accredited Agencies
Technology Update
Welcome New Members Legal Update for Law Enforcement
Proud 5-Shield Sponsor of PCPA
USPS 425940 • ISSN 0031-4404
Spring 2019 • Vol. 121; Issue 1
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PCPA 2019 Conference
Technology Update
COLUMNS AND DEPARTMENTS 5
PCPA Executive Board and Committees
5
PCPA Staff
6
President’s Message
8
New Members
9
Executive Director’s Message
10
Welcome to Our Newest Accredited Agencies
12
Legal Update for Law Enforcement
24
Legislative Report
39
PCPA Membership Application
Horizon Interactive Awards Silver Winner
Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (spring, summer, fall and winter) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536. The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative goals, news items, PCPA upcoming events and legal issues. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Joseph Blackburn, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to jblackburn@pachiefs.org.
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SPRING 2019 BULLETIN
contents
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OFFICERS
PCPA STAFF
Scott Bohn President Chief of Police West Chester Borough
John English 2nd Vice President Chief of Police Edgeworth Borough
Fred Harran 4th Vice President Director of Public Safety Bensalem Township
Albert Walker 1st Vice President Chief of Police Hanover Township
David Steffen 3rd Vice President Chief of Police Northern Lancaster Regional
Bill Richendrfer Secretary Chief of Police South Centre Township
Joseph Blackburn, Executive Director, jblackburn@pachiefs.org
Dave DiSanti Treasurer Chief of Police Town of McCandless
Karen Loose, Administrative Assistant, kloose@pachiefs.org Gregory Bean, Consulting and Member Services Manager, gbean@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org Cheryl Campbell, Administrative Manager, ccampbell@pachiefs.org
BOARD MEMBERS
James Adams – 2020 Chief of Police Upper Allen Township
Jason Loper – 2020 Chief of Police Fairview Township
Royce Engler – 2020 Chief of Police Wright Township
Larry Palmer – 2019 Chief of Police Palmer Township
Bryan Kelly – 2019 Chief of Police Shaler Township
James Sabath – 2020 Chief of Police Newtown Borough
Michael Vogel - 2019 Chief of Police Allegheny County Housing Authority
David Splain – 2020 Chief of Police Nether Providence Township
William D. Smith – 2020 Retired Chief of Police Derry Township
Mark Toomey – 2020 Chief of Police Upper Providence Township
Dick Hammon, Accreditation Program Manager, rhammon@pachiefs.org Jerry Miller, Offender Identification Technology Program Manager, jmiller@pachiefs.org Andrea Sullivan, Administrative Assistant and Accreditation Assistant, asullivan@pachiefs.org Bill Gibson, Physical Fitness, fitcop@hotmail.com
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BUDGET & PERSONNEL
LEGISLATIVE
Chair: Scott Bohn, Chief of Police, West Chester Borough Al Walker, Chief of Police, Hanover Township John English, Chief of Police, Edgeworth Borough David DiSanti, Chief of Police, Town of McCandless David Steffen, Chief of Police, Northern Lancaster County Regional Bill Richendrfer, Chief of Police, South Centre Township Fred Harran, Director of Public Safety, Bensalem Township
Chair: John English, Chief of Police, Edgeworth Borough John Snyder, Chief of Police, West Manchester Township Dean Osborne, Chief of Police, Grove City Borough Randy Cox, Chief of Police, Somerset Borough Larry Palmer, Chief of Police, Palmer Township Sean McGinley, Chief of Police, Mahoning Township Police Dave Steffen, Chief of Police, Northern Lancaster County Regional Tim Damon, Chief of Police, York Area Regional Aaron Lauth, Chief of Police, Mt. Lebanon Garth Warner, Chief of Police, Derry Township Beth Readler, Captain, PA State Police (Ex-officio)
EDUCATION & TRAINING Chair: Al Walker, Chief of Police, Hanover Township Bill Richendrfer, Chief of Police, South Centre Township Bryan Kelly, Chief of Police, Shaler Township Royce Engler, Chief of Police, Wright Township Jason Loper, Fairview Township William J. Daly, Chief of Police, Horsham Township George Swartz, Chief of Police, Spring Garden Township David Mettin, Chief of Police, Slate Belt Regional Douglas Higgins, Assistant Chief of Police, Dallas Township Ashley Heiberger, Captain, Bethlehem City (Retired) David Splain, Chief, Nether Providence Township
MEMBERSHIP/BYLAWS Chair: James Adams, Chief of Police, Upper Allen Township Ken Truver, Chief of Police, Castle Shannon Borough Mark Toomey, Chief of Police, Upper Providence Township Al Walker, Chief of Police, Hanover Township Mark Pugliese, Chief of Police, West Hempfield Township
NOMINATING Chair: Fred Harran, Director of Public Safety, Bensalem Township
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SPRING 2019 BULLETIN
executive board & committees
PRESIDENT’S MESSAGE
DEAR PCPA MEMBERS, A s the President of The Pennsylvania Chiefs of Police Association and a participating member on the Pennsylvania Department of Health Medical Marijuana Advisory Board, I would like to express my concerns, and those of many of our membership, about the legalization of marijuana and the relative effects on public safety in or communities. I believe that marijuana legalization in Pennsylvania will pose significant challenges for law enforcement resulting from the unanticipated consequences it has on crime and public safety. There are insufficient data to determine the true impact of legalized marijuana on crime and safety. However, studies in Colorado show:
WE MUST SERVE AS A RESOURCE FOR OUR POLICY MAKERS AND ELECTED LEADERS. WE NEED TO LET THEM KNOW WHAT WOULD HELP AND WHAT IMPEDES OUR ABILITY TO FULFILL OUR MISSION.
• High-potency THC from marijuana hash oil extractions, which are used in making legalized, laced edibles and beverages, has led to overdoses, potential psychotic breaks, and suicide attempts. • Youth use and addiction rates have increased due to ease of accessibility, and there is great concern about the significant health impacts of chronic marijuana use on the youth. • Banking systems are unavailable to the marijuana industry because of federal laws, creating a dangerous level of cash that can lead to crime. • Difficulties in establishing what is a legal marijuana operation have created problems in conducting investigations, determining probable cause and search and seizure procedures.
PA CHIEFS OF POLICE ASSOCIATION
• Marijuana illegal trading through the black and other markets has not decreased. Diversion across state boundaries has created issues for bordering states that do not have legalized marijuana laws. • Detecting driving under the influence of marijuana is a significant challenge for law enforcement. Currently, there is no roadside test for marijuana intoxication. • Many States have had difficulties caused by conflicting state legislation and local ordinances, policies, and procedures. The situation is even more complex because marijuana remains a Schedule I controlled substance under federal law. One of the most salient concerns we have relates to the consequences of drug-impaired driving.
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PRESIDENT’S MESSAGE
We have all witnessed our share of crashes and traffic congestion, as well as vehicular, pedestrian and cyclist fatalities. Law enforcement officials are uniquely qualified to discuss the issues and concerns related to impaired driving. Our efforts to curb drunk driving have met with a great deal of success over the last decade, but drug impaired driving is not the same as alcohol impaired driving and our understanding of the impairments due to drug impairment is limited. Alcohol is unique among impairing drugs in that there is a documented correlation between blood levels and levels of impairment. This doesn’t exist for other drugs and it has been shown to be non-existent for THC in marijuana. It is not possible to currently identify a valid impairment standard for marijuana or any other drug equivalent to the .08 percent BAC limit for alcohol. Exacerbating the problem is the matter of how to best create, implement and enforce the laws prohibiting impaired driving. In populous areas of our Commonwealth, this is particularly concerning, where the risk of catastrophic consequences related to a drug impaired driving incident is exponentially more probable. The percentages of traffic deaths related to the use of recreational marijuana doubled in Washington State in the year retail marijuana sales were allowed. In Colorado, marijuana is now involved in more than one of every five deaths on the road. These statistics highlight why it is necessary to wait until we have a better understanding of the impacts and management of marijuana intoxication. Given the statistics that are available today, it is clear and indisputable that the use of recreational marijuana negatively impacts the motoring, pedestrian and special needs community and that innocent people in states where recreational use of marijuana has been legalized are at a greater risk of harm, injury and death due to the increased numbers of drug impaired drivers. Law enforcement executives in the Commonwealth demand answers that are supported by valid data and scientific research. Current information validates our concerns and strengthens our collective resolve that the Commonwealth of Pennsylvania should not legalize the use of recreational marijuana.
Sincerely,
ĸ !ò CHIEF OF POLICE WEST CHESTER, PA PCPA PRESIDENT
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Welcome New Members Active Members Joseph Adam Chief of Police Upper Perk Police Department
Darrick Keppley Chief of Police East Cocalico Township Police Department
David Arnold Chief of Police Lower Windsor Township
Aaron Levan Assistant Chief of Police Williamsport Borough
Todd Bereda Chief of Police Bridgeport Borough
Scott Mauery Chief of Police Mifflin County Regional Police Department
Scott Felchock Chief of Police Bangor Police Department
Timothy Michael Chief of Police Indiana Township Police Department
Carl Finnerty Chief of Police South Williamsport Police Department
David Nemec Chief of Police Aspinwall Police Department
Kevin Fry Lieutenant Lancaster City Bureau of Police
Brian O’Malley Lieutenant Port Authority Police Department
Walter Healy Chief of Police Borough of Franklin Park
Kevin Rafferty Chief of Police Girard Borough
PA CHIEFS OF POLICE ASSOCIATION
John Hearn Chief of Police Newtown Township
Justin Schawl Chief of Police Indiana Borough Police Department
Robert Hoffman Chief of Police Ambler Borough Police Department
Tobin Zech Lieutenant York Area Regional
Joseph Hogarth Chief of Police Borough of Penbrook
Kenneth Zimmerman Chief of Police South Lebanon Township Police Department
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EXECUTIVE DIRECTOR’S MESSAGE SPRING 2019 BULLETIN
DEAR MEMBERS,
I
would like to encourage all our members to attend the 106th Annual Education and Training Conference…and bring your family.
The Conference is once again being held at the Kalahari Resorts and Conventions in the Poconos from July 14 to July 17. If you missed the Conference last year, be sure to experience Kalahari this year. With over 230,000 square feet of meeting space (and more being added), we have planned contemporary educational presentations and interesting exhibits. This year, four of our classes have been approved by MPOETC for a total of 13 hours of credit. While you are attending the presentations, your family can enjoy America’s largest indoor waterpark (220,00 square feet). We also have activities and special events for spouses and children. Since last year, Kalahari has expanded the Gorilla Grove Treetop Adventures to include Legends of the Lost Jungle Mini-Golf, the Ropes Course, and Quad Racing Zip Lines. To check out all the amenities offered by Kalahari go to www.kalahariresorts.com/Pennsylvania. In addition to our educational presentations, we will again be holding our Annual General Association Meeting, President’s Reception and Dinner, Annual Installation Reception and Banquet, and Hospitality every night. Registration for the Conference and booking your room(s) is only a few clicks away on the homepage of the PCPA website (www. pachiefs.com). Join us at this unique venue for top-notch training, social events, and the opportunity to network with our exhibitors and your colleagues. Sincerely,
Jos e ph Bl a ck bu rn JOSEPH BLACKBURN PCPA EXECUTIVE DIRECTOR
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THIS YEAR, FOUR OF OUR CLASSES HAVE BEEN APPROVED BY MPOETC FOR A TOTAL OF 13 HOURS OF CREDIT.
Welcome to Our Newest Accredited Agencies Penn Township Westmoreland County Chief John M. Otto
PCPA Executive Director Joe Blackburn, Chief John Otto and PLEAC Vice Chairman/Chief Randy Cox
Newtown Township Delaware County Chief Christopher J. Lunn
Accreditation Manager Jennifer Ruggeri, PCPA Executive Director Joe Blackburn, Chief Christopher Lunn, Lieutenant Michael Savitski and PLEAC Vice Chairman/Chief Randy Cox
Colonial Regional Northampton County Chief Roy D. Seiple (4th Re-Accreditation)
Carnegie Mellon University Allegheny County Chief Thomas A. Ogden, Jr. (4th Re-Accreditation)
Pittsburgh City Allegheny County Chief Scott E. Schubert (2nd Re- Accreditation)
Marple Township Delaware County Chief Thomas J. Murray, Jr. (1st Re-Accreditation)
The University of Scranton Lackawanna County Chief Donald Bergmann (1st Re-Accreditation)
Lehigh University Northampton County Chief Jason D. Schiffer (4th Re-Accreditation)
Susquehanna Township Dauphin County Director Robert A. Martin (4th Re-Accreditation)
Westtown-East Goshen Regional Chester County Chief Brenda M. Bernot (1st Re-Accreditation)
AN AWARD-WINNING DESIGN FIRM
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SPRING 2019 BULLETIN
Re-Accredited Agencies at the PLEAC Meeting in March:
LEGAL UPDATE FOR LAW ENFORCEMENT
Legal Update for Law Enforcement BABY ZOE!!! For those of you wondering where Allison has been, I am pleased to report that she and her husband have welcomed to the world, Baby Zoe, a beautiful, healthy girl to whom I hope you join me in wishing all the best. Allison will be taking a little time off, but we look forward to seeing her back here at Marshall Dennehey & Stump the Chump Enterprises after some welldeserved family time!
Presented by the Public Entity and Civil Rights Practice Group Christopher P. Boyle, Esq., Public Entity and Civil Rights Practice Group • Phone: (215) 919-7879 E-mail: cpboyle@mdwcg.com Allison Genard, Esq. Phone: (412) 803-3475 E-mail: angenard@mdwcg.com Christopher P. Boyle, Esq. Public Entity and Civil Rights Practice Group
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. To be removed from our list of subscribers who receive these complimentary Law Enforcement updates, please contact cpboyle@mdwcg.com. If, however, you continue to receive the alerts in error, please send a note to: cpboyle@mdwcg.com.
To Zoe, Mom and Dad – the Best of Health, the Greatest of Wealth, and all the Happiness Life has to OfferLoveUncle Chump STUMP THE CHUMP Chump: How much training is enough training for taser? Once a year? Every other year? What is enough to keep us out of a lawsuit? Smalls
PA CHIEFS OF POLICE ASSOCIATION
Smalls: “You’re killin’ me, Smalls!” Remember these words – All training is good training. The more you can get, the better. (Let me also say that quality training every other year, is probably better than really crappy training every year.) Still, better too much than not enough if given the choice. That said, I am pretty sure they aren’t giving away taser cartridges, so I can understand why a Department may want to go every other year on taser training. A plaintiff’s attorney probably won’t have any trouble finding an “expert”
Should you have additional inquiries, please contact any of the Update staff or: Joseph J. Santarone, Esq., Chair, Public Entity and Civil Rights Practice Group • Phone: (215) 575-2626 E-mail: jjsantarone@mdwcg.com
ATTORNEY ADVERTISING pursuant to New York RPC 7.1 © 2018 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved.
Allison Genard, Esq. Associate
to say every other year is insufficient but, let’s face it, if we trained weekly, they’d find one that says it should be daily. If you are only going to do the full program every other year, I would recommend that you work a half hour refresher on the policy into the off years. Most importantly, no matter how frequent or infrequent your training, make sure everyone attends and that it is documented. Chris “The Chump” Boyle CASE OF THE WEEK COMMENT: My comments are peppered through this partial opinion of the Court. I spared you five additional pages of no real interest. Enjoy-
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United States v. Carey, 2019 U.S. Dist. LEXIS 74140 (M.D.Pa. May 2, 2019) Presently before the court are Defendant Damon Todd Carey's ("Defendant") motions to suppress evidence found during a search of his vehicle and during a search of his residence (Docs. 27, 29) and to dismiss the indictment for a violation the Double Jeopardy Clause of the Fifth Amendment or a violation of the Compulsory Process Clause of the 6th Amendment and Defendant's 14th Amendment Due Process rights (Docs. 31, 73). For the reasons that follow, Defendant's motions will be denied.
LEGAL UPDATE FOR LAW ENFORCEMENT
A. Procedural History On December 10, 2008, Defendant was charged in a two-count indictment with Conspiracy to Distribute 50 Grams and More of Cocaine Base, in violation of 21 U.S.C. § 846 and Possession With Intent to Distribute 50 Grams and More of Cocaine, in violation of 21 U.S.C. § 841(a)(1). On September 3, 2009, Defendant was sentenced to 120 months imprisonment followed by five years of supervised release. Defendant began his five-year term of supervised [*2] release on May 12, 2017. On June 21, 2018, the court sentenced Defendant to 46 months imprisonment for violating the conditions of his supervised release. On August 8, 2018, the Defendant was charged in a three-count indictment with Possession With Intent to Distribute Cocaine Hydrochloride, in violation of 21 U.S.C. § 841(a)(1) (Count 1), Possession With Intent to Distribute Marijuana, in violation of 21 U.S.C. § 841(a) (1) (Count 2), Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. 924(c) (1)(A) (Count 3). (Doc. 1.) A grand jury returned a superseding indictment on January 9, 2019, that added an additional defendant and allegations of a drug weight of 500 grams and more of cocaine hydrochloride. (Doc. 51.) On September 12, 2018, Defendant entered a plea of not guilty and was detained. (Docs. 15, 16.) On November 5, 2018, Defendant filed (1) a motion to suppress physical evidence recovered from his vehicle (Doc. 27); (2) a motion to suppress physical evidence recovered during a search of his residence (Doc. 29); and (3) a motion to dismiss the indictment for a violation of the Double Jeopardy Clause related to the revocation of his supervised release and the resulting term of imprisonment (Doc. 31). A suppression hearing was [*3] held on December 6, 2018. (Doc. 48.) On January 15, 2019, Defendant filed an additional motion to dismiss
During his term of supervised release, Defendant violated the terms of his release on numerous occasions, including unauthorized travel, [*4] unprescribed opioid use, and police contact for domestic situations. Probation eventually reported these violations, and a warrant was issued for Defendant's arrest on March 27, 2018. the indictment or, in the alternative, suppress evidence based upon a violation of the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment, arguing that unknown police officers destroyed a box and bag that allegedly contained a large sum of money and was found in the trunk of Defendant's vehicle. (Doc. 76.) The Government has responded to Defendant's initial three motions to suppress but has not responded to the motion to dismiss or suppress based on violations of the Sixth Amendment. Because the time to respond thereto has lapsed, Defendant's motions are fully briefed and are ripe for disposition.
B. Relevant Factual Background The court's recitation of the factual background is limited to those facts necessary to dispose of Defendant's motions. As noted above, Defendant began a term of supervised release on May 12, 2017, stemming from prior convictions. During his term of supervised release, Defendant violated the terms of his release on numerous occasions, including unauthorized travel, [*4] unprescribed opioid use, and police contact for domestic situations. Probation eventually reported these violations, and a warrant was issued for Defendant's arrest on March 27, 2018. (See Doc. 29-6.) On April 6, 2018, the United States Marshalls Service Fugitive Task Force ("Task Force") executed the warrant and arrested Defendant. At the time of the arrest, Defendant was operating a rented vehicle in the vicinity of his residence. Prior to his arrest, Gary Duncan, a Deputy United States Marshall ("Marshall Duncan"), observed Defendant exit his residence and place a large bag into the trunk of the car. (Doc. 73-3, p. 13.)
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Marshall Duncan followed Defendant and eventually turned on his lights and sirens in an attempt to detain Defendant. (Id.) Marshall Duncan testified that it initially appeared that Defendant was not going to obey the signal to pull over, but at the last minute, Defendant swerved to the side of the street and struck a parked car. (Id. at 14-15.) After taking Defendant into custody, Duncan and other members of the Task Force performed a routine search and inventory of the vehicle. In the course of searching the vehicle, Marshall Duncan cleared the trunk to ensure that no other occupants were hiding therein. He stated that, in his experience, the trunk would sometimes be occupied to conceal additional persons in the vehicle. (Id. at 17.) In the trunk, Duncan found a large paper bag that contained a shoe box. The bag had tipped over and the shoebox had partially fallen out of the bag. (Id. at 21, 34.) The shoe box was not open, but there was a hole in the side of the shoebox, which apparently was the size of a person's finger and used to open the shoe box. (See Doc. 73-4.) Through this hole, Marshall Duncan saw what he believed to be currency. Believing the currency to be related to drug trafficking, Marshall Duncan opened the box and discovered cash in an amount later determined to be $79,320. (Doc. 73-3, pp. 19, 63-64.) After clearing the trunk of the vehicle, Marshall Duncan called the Harrisburg Police Department's Vice Division ("Vice"), which is predominantly tasked with investigating crimes related to drug trafficking and prostitution in Harrisburg. (Id. at 25-26, 42.) While waiting for Vice to arrive, Marshall Duncan secured the residence, CONTINUED ON PAGE 14
SPRING 2019 BULLETIN
I. Background
LEGAL UPDATE FOR LAW ENFORCEMENT
meaning that he entered the residence to ensure that no one entered or exited until Vice arrived with a valid search warrant. (Id. at 26.)
PA CHIEFS OF POLICE ASSOCIATION
Detectives Jason Paul [*6] ("Detective Paul") and Nicholas Ishman ("Detective Ishman") of Vice arrived on the scene and secured the shoe box and money found in the vehicle. (Id. at 42-43, 6870.) Per standard procedure, Detective Ishman secured the box by taping it with evidence tape and signing it along with Marshall Duncan. (Id. at 44.) He then delivered the sealed box to his partner, Detective Paul, for processing and entered the residence. (Id. at 45.) Detective Paul testified that it was standard procedure to perform an inventory of any vehicle that was to be towed to ensure that there were no valuable items in the vehicle. (Id. at 69.) He stated that this policy was to prevent owners of the vehicle from later claiming that items of value were missing from the vehicle when it was recovered from impound. (Id. 70.) Because Defendant's vehicle had struck a parked car, it was standard procedure to have that vehicle towed from the scene. After securing the shoebox and money, Detective Paul indicated to Detective Ishman that he would be applying for a search warrant for the residence. (Id. at 46.) Detective Paul initially asked Defendant's girlfriend, Mikia Slone ("Slone"), for permission to search the residence, which she declined. (Id. at 75.) Detective Ishman told Detective Paul, [*7] incorrectly, that the relevant address was 648 South 21st Street, but the correct address was 748 South 21st Street. (Id. at 46, 74.) This error was overlooked at the time, and the search warrant was obtained for the incorrect address. In reliance on the validity of the search warrant, Detectives Ishman and Paul began searching the residence. (Id. at 47.) Detective Ishman later noted this error in his report of the incident. (Id. at 49-50; Doc. 29-3, p. 14.) After Detective Paul obtained the search warrant, an Investigator with Vice, Karen Lyda ("Investigator Lyda"),
Defendant argues that the shoebox and cash found in the trunk of his vehicle should be suppressed because Marshall Duncan effected the search without a warrant and without probable cause. Specifically, Defendant argues that the search to [*9] clear the car of potential dangers or other occupants was a pretext either to search the vehicle for evidence of a crime generally or because Marshall Duncan had witnessed Defendant place a paper bag in the trunk prior to the initiation of the arrest. photographed the interior and exterior of the residence and the vehicle. (Doc. 73-3, pp. 47-50, 77, 98.) The Detectives of Vice performed a search of the residence. (Doc. 73-3, p. 65.) During the search, members of the Task Force located the following items: 1. Taurus 9mm handgun, serial number TKR74986 and magazine laying on the bed in the master bedroom 2. .45 caliber ammunition in the kitchen 3. Five large vacuum sealed bags of marijuana in the bedroom 4. Bags of cooking and packaging materials, including two blenders, 2 glass measuring cups, two sifters, three digital scales, 4 bottles of benzocaine hydrochloride, Arm and Hammer baking soda, a bag of confectioner's [*8] sugar, a bag of small Ziplock style baggies, a box of sandwich bags, a kilogram press, measuring spoons, Rubbermaid containers and spoons
II. Legal Standard The United States Constitution guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. "On a motion to suppress, the government bears the burden of showing that each individual act constituting a search or seizure under the Fourth Amendment was reasonable." United States v. Ritter, 416 F.3d 256, 261 (3d Cir. 2005). "The applicable burden of proof is by a preponderance of the evidence." United States v. Matlock, 415 U.S. 164, 177 n.14, 94 S. Ct. 988, 39 L. Ed. 2d 242 (1974). [DO YOURSELVES A FAVOR AND, BEFORE READING THE REST, DECIDE WHETHER THE EVIDENCE FROM 1) THE CAR, AND 2) THE HOUSE, IS SUPPRESSED UNDER PA LAW. THEN, READ THE REST. CB]
III. Discussion
5. Bag of white powder
A. Suppression Motions
6. Money counter
i. Evidence Vehicle
7. Mail for Defendant 8. Defendant's wallet 9. Black holster in the master bedroom 10. Five cellular telephones 11. $1,550 in U.S. currency 12. An owe sheet (Doc. 29-3, pp. 3-8.) Members of the Task Force packaged the evidence and processed it according to standard procedure. (Doc. 29-3, p. 14.)
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Found
in
Defendant's
Defendant argues that the shoebox and cash found in the trunk of his vehicle should be suppressed because Marshall Duncan effected the search without a warrant and without probable cause. Specifically, Defendant argues that the search to [*9] clear the car of potential dangers or other occupants was a pretext either to search the vehicle for evidence of a crime generally or because Marshall Duncan had witnessed Defendant
LEGAL UPDATE FOR LAW ENFORCEMENT
Under the Fourth Amendment, warrantless searches and seizures are presumed to be unreasonable unless an exception to the warrant requirement applies. California v. Acevedo, 500 U.S. 565, 580, 111 S. Ct. 1982, 114 L. Ed. 2d 619 (1991). The government bears the burden of proving by a preponderance of the evidence that each individual act constituting a search under the Fourth Amendment was reasonable. Ritter, 416 F.3d at 261; Matlock, 415 U.S. at 177 n.14. Exceptions to this general rule exist if the search incident to arrest is based upon the need to (1) preserve evidence of the crime of arrest or (2) maintain officer safety. Chimel v. California, 395 U.S. 752, 762-65, 89 S. Ct. 2034, 23 L. Ed. 2d 685 (1969); Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009). Moreover, an exception exists where police take an inventory of the vehicle pursuant to standard procedure for non-investigative purposes. Colorado v. Bertine, 479 U.S. 367, 371, 107 S. Ct. 738, 93 L. Ed. 2d 739 (1987). Defendant argues that neither of the first two exceptions apply because he was not near the vehicle at the time of the arrest and could not have accessed any items in the trunk of the vehicle, so officer safety was not a concern, and there was no legitimate connection between the crime for which he was being arrested and any items in the [*10] trunk because he was arrested for violations of the terms of his supervised release committed prior to the date of arrest. The court need not consider, however, whether Marshall Duncan's initial search of the trunk was
lawful because the evidence contained within the trunk would have inevitably been discovered by Detectives of the Harrisburg Police Department. When Marshall Duncan attempted to pull Defendant over to the side of the road, Defendant swerved and struck a parked vehicle. Regardless of whether he was intending to flee or was forced to the side of the road, his vehicle was involved in a traffic accident. Detective Paul testified that it is standard practice for Harrisburg Police to inventory vehicles to be taken to impound following an accident or arrest. Even if Marshall Duncan had not opened the trunk at all, Harrisburg Police would have conducted an inventory search of the car immediately prior to towing it away from the scene of the accident. [YES, INEVITABLE DISCOVERY IS PART OF PA LAW, SO IF THAT’S WHAT YOU CAME UP WITH, YOU ARE ABSOLUTELY CORRECT. WELL DONE. IT SHALL BE REFLECTED IN YOUR PAY PACKAGE. –THE CHUMP] Under the inevitable discovery doctrine, "if the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means . . . then the deterrence rationale [*11] has so little basis that the evidence should be received." The Government can meet its burden by establishing "that the police, following routine procedures, would inevitably have uncovered the evidence." The inevitable discovery analysis focuses on "historical facts capable of ready verification, not speculation." United States v. Stabile, 633 F.3d 219, 245 (3d Cir. 2011) (citing Nix v. Williams,
467 U.S. 431, 104 S. Ct. 2501, 81 L. Ed. 2d 377 (1984); United States v. Vasquez De Reyes, 149 F.3d 192, 195 (3d Cir. 1998) (internal citations and quotations omitted)). "Impoundment constitutes a reasonable course of action when the owner of a vehicle abandons it, or law enforcement cannot identify the owner." United States v. Bullette, 854 F.3d 261, 265 (4th Cir. 2017) (holding that a search of a defendant's car on property under investigation was valid under the inevitable-discovery doctrine because standard DEA practice would have required an impoundment and inventory of the vehicle) (citing South Dakota v. Opperman, 428 U.S. 364, 375, 96 S. Ct. 3092, 49 L. Ed. 2d 1000 (1976)). The facts of this case fit squarely in the bounds of the inevitable-discovery doctrine and investigative searches pursuant to impoundments. Detective Ishman testified that it was standard procedure to inventory vehicles prior to impoundment to catalog valuable items. (Doc. 73-3, p. 70.) Thus, assuming, arguendo, that Marshall Duncan's search was invalid, members of the Harrisburg Police Department would inevitably have been called to remove the vehicle [*12] and would have searched the vehicle to inventory it according to standard practice and procedure. Accordingly, the shoebox and money contained therein need not be suppressed. ii. Evidence Obtained from Defendant's Residence Defendant next argues that the evidence recovered from a search of his residence was invalid. Specifically, Defendant argues that the search warrant is invalid based solely on an error in the numerical address of the
When Marshall Duncan attempted to pull Defendant over to the side of the road, Defendant swerved and struck a parked vehicle. Regardless of whether he was intending to flee or was forced to the side of the road, his vehicle was involved in a traffic accident. Detective Paul testified that it is standard practice for Harrisburg Police to inventory vehicles to be taken to impound following an accident or arrest. Even if Marshall Duncan had not opened the trunk at all, Harrisburg Police would have conducted an inventory search of the car immediately prior to towing it away from the scene of the accident. CONTINUED ON PAGE 16
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place a paper bag in the trunk prior to the initiation of the arrest.
Because the officers were physically present at the relevant residence and were aware of the general area to be searched, there is little concern that the officers would be confused by the typographical error, and they would have little basis to conclude that the warrant was invalid. Further, none of the factors set forth in Zimmerman are present in this case. The affidavit was not recklessly or intentionally false. Detective Paul testified that he relied on Detective Ishman's misrecollection of the address. There is [*14] no evidence that the Judge did not act in a neutral or detached fashion. The affidavit of probable cause was quite descriptive, referring to the site of the initial arrest, the residence Defendant was observed leaving, and the residence of Defendant and his girlfriend, Slone. The affidavit also makes note of the money found during the initial search as well as voluntary statements by Slone that Defendant dealt marijuana from the residence. These details are far from lacking in indicia of probable cause. Finally, aside from the single misplaced digit, there is no facial deficiency in the warrant. Accordingly, the court concludes that the officers relied upon the validity of the warrant in good faith while conducting the search, and, thus, the evidence obtained from that search need not be suppressed.
PA CHIEFS OF POLICE ASSOCIATION
residence. Detective Ishman incorrectly relayed the address to Detective Paul as 648 South 21st Street, Harrisburg Pennsylvania rather than 748 South 21st Street, Harrisburg Pennsylvania, and, thus, the address listed on the search warrant was incorrect. Although "minor irregularities" and typographical errors should not be allowed to defeat what would otherwise support a finding of probable cause, United States v. Sirmans, 278 F. App'x 171, 173 (3d Cir. 2008), the search warrant standing alone may not be sufficiently particularized because it contains no other identifying information aside from the street address of the residence. Even if it did not meet this requirement, however, the search would not be invalid because of the "good faith exception" to the warrant requirement. The good faith exception allows the [*13] inclusion of evidence obtained pursuant to a search warrant later held to be invalid unless "a reasonably well trained officer would have known that the search was illegal despite the magistrate's authorization." United States v. Leon, 468 U.S. 897, 922 n.23, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). The good faith exception applies unless:
(1) the affidavit supporting the warrant was deliberately or recklessly false; (2) the magistrate did not act in a neutral or detached fashion; 3) the affidavit supporting the warrant was also lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant was facially deficient and did not particularize the place to be searched or the thing to be seized. United States v. Zimmerman, 277 F.3d 426, 436-437 (3d Cir. 2002). Because the officers were physically present at the relevant residence and were aware of the general area to be searched, there is little concern that the officers would be confused by the typographical error, and they would have little basis to conclude that the warrant was invalid. Further, none of the factors set forth in Zimmerman are present in this case. The affidavit was not recklessly or intentionally false. Detective Paul testified that he relied on Detective Ishman's misrecollection of the address. There is [*14] no evidence that the Judge did not act in a neutral or detached fashion. The affidavit of probable cause was quite descriptive, referring to the site of the initial arrest, the residence Defendant was observed leaving, and the residence of Defendant and his girlfriend, Slone. The affidavit also makes note of the money
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found during the initial search as well as voluntary statements by Slone that Defendant dealt marijuana from the residence. These details are far from lacking in indicia of probable cause. Finally, aside from the single misplaced digit, there is no facial deficiency in the warrant. Accordingly, the court concludes that the officers relied upon the validity of the warrant in good faith while conducting the search, and, thus, the evidence obtained from that search need not be suppressed. [If you said “good faith exception” – get out. Never speak to me again. You’re dead to me. Alright, maybe not all that, but please do remember - There is no good faith exception under Pennsylvania law. Ah, but there is another way this search could still be valid under PA law – errors in the address, such as off by one digit may still be valid under the law. Commonwealth v. Washington, 2004 PA Super 362, 858 A.2d 1255, 1257-58 (Pa. Super. 2004) (discussing error in the affiant's notation of the address of the premises to be searched); Commonwealth v. Belenky, 2001 PA Super 148, 777 A.2d 483, 487 (Pa. Super. 2001) (same). The Court will certainly scrutinize your application, so let’s be careful, shall we? –CB]
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PCPA’S 106th Annual Education and Training Conference is being held at Kalahari Resort in the Poconos! This is a must-attend event for law enforcement officers.
July 14-17, 2019 Kalahari Resorts and Conventions – Pocono Mountains Every year, PCPA supplies you and your department with powerful advantages, bringing together effective educational programs and training, influential guest speakers, powerful presentations, and exceptional events. Don’t forget to visit our exhibitors in the Exhibit Hall to see the vast collection of tactical equipment and technology solutions available for law enforcement. Join your fellow police chiefs and other dedicated law enforcement individuals at PCPA 2019 – you have an opportunity to make fruitful connections, discuss new ideas and further your knowledge, strategies and solutions needed to sharpen your edge and better serve and protect. We feel confident that you will leave the Poconos with a sense of energy, inspiration, and focus for your police department and your community.
What to expect at this year's Conference:
250 Kalahari Boulevard Pocono Manor, PA 18349 1-877-KALAHARI
• Keynote Presentation • Powerful Education & Training Presentations • Exciting Exhibitions • Annual General Association Business Meeting • Annual Installation Banquet & Reception • Great Networking Opportunities • Live Entertainment • Hospitality from 9-11 Every Night • Activities & Special Events for Spouses & Children • President’s Reception & Dinner
Register for the conference online at www.pachiefs.org
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One World Trip
Rooms
Everything we say and do at Kalahari Resorts & Conventions stems from our love for family and our goal of creating an oasis for spending time with those you care about most. Being a family ourselves, we really took the time to develop a multigenerational adventure unique from anything else out there, which is how Africa became the source of our inspiration.
The African adventure doesn’t end after you dry off. Every suite at Kalahari Resorts & Conventions is decorated with imported art and artifacts, designed to inspire your imagination. Along with authenticity, your comfort is a top priority. Plush pillows and soft sheets await you after every adventure, so you’ll be invigorated and refreshed for whatever tomorrow has in store. Check out KalahariResorts.com for more room options and additional details.
Each year, our family travels there in search of African art, ideas and experiences to bring back to our resorts. We’re passionate about digging deep into the majestic lands and exploring the incredible treasures to bring the thrill, the adventure and the best of Africa home to you. Our greatest joy is discovering new ways to introduce our guests to the spirit of Africa.
Continue your adventure and tune in to Kalahari TV — check out our One World Adventures, as seen on Discovery Family.
Food & Beverage Although some see meals as just something you do between waterslide runs, part of your one world experience at Kalahari Resorts & Conventions will be world-class dining. Every location features restaurants to satisfy every taste, from steakhouses to ice cream shops. You’ll never have to eat in the same spot twice, but you just might want to.
Waterpark & Entertainment What makes Kalahari Resorts & Conventions the world’s coolest indoor waterpark? It’s more than just the sheer size. It’s the dedication to re-creating the thrills of Africa in experiences the whole family will love. Splash, swirl and twirl through the Tanzanian Twister, or surf the perfect wave at our FlowRider®. Slow it down a bit and float down the Lazy River, or try the Swim-Up Bar. Take the little adventureseekers to Crocodile Cove and Tiko’s Watering Hole. If you’re looking for the ultimate splash, take a ride on the water coaster. Waterpark admission is included for every registered hotel guest, and we also offer day rentals of cabanas and bungalows around the parks. All this, and much more, makes for a wet and wild adventure that your family will never forget.
Spa Another important part of your adventure is making time to relax. When you want to slow down and indulge in “you” time, our first-class spa offers services to relax and rejuvenate the mind, body and spirit. Authentically African art and artifacts create an exotic ambiance, allowing you to slip into a relaxing experience that feels a world away. Our spa offers body treatments, luxurious massages, skin care, nail care and a salon. 19
TECHNOLOGY UPDATE
Technology Update By: Christopher J. Braun M.S. IT, PCPA Technology Coordinator
PA CHIEFS OF POLICE ASSOCIATION
Body Cams
The Pennsylvania Chiefs of Police Association with the Local Technology Workgroup of the Pennsylvania Commission on Crime and Delinquency is working with police departments on purchasing and deploying body worn cameras through a federal grant. Therefore, PCPA, on behalf of Pennsylvania’s police departments, requested information from anyone in the business of providing equipment and services as defined by Pennsylvania Law and regulations of non-vehicle-mounted mobile video recording systems. We compiled this information and it is available to help chiefs make technology and budget decisions. Any chief wanting a copy of the information can email me at cjbraun@ pachiefs.org
Technology Subcommittee New Direction Looking at the amount of digital evidence from vehicle cameras, body cameras, surveillance cameras and even private home security systems means the police are handling a new type of evidence. The storage, the investigator methods, the chain of custody, the court presentation and validation are all issues to think about for developing policy and procedures. These are some of the issues that the PCCD Local Technology Subcommittee is exploring in its new direction to emphasize the collecting and processing of more crime scene information, data and forensics including fingerprints and DNA. The subcommittee is seeking funding for training and tools. Digital evidence like video from any of these sources is a consideration, especially for training on the collection, preservation and court testimony. A recent criminal investigation, of a well know television actor, was solved by surveillance video at least to the point of filing criminal charges. Every night the local news is show-
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ing more video of criminal acts and asking the public for help in identifying the perpetrators. The number of personal cell phones with cameras and both business and home security systems with video cameras exponentially increases the probability that a crime has been recorded. Sometimes the images from these are used in the JNET facial recognition system (JFRS), built by PCCD and PCPA, to help the investigation. Here are some of the recent cases: East Lampeter Township PD Retail theft of $1,020 polo shirts— two suspects –store video – two candidates from JFRS confirmed by further investigation including very distinctive tattoos. Led to two arrests. Temple University PD Suspect entered a Rite-Aid store and robbed the cashier at gunpoint. Photos of the unknown offender in a black hoodie were retrieved from CCTV. Candidate from JFRS later Identified. Suspect was also wanted for murder in the city.
TECHNOLOGY UPDATE
York County Drug Task Force Detective states that he has used Facial Recognition over the past two years to identify numerous suspects in a variety of crimes. He has identified dozens of drug dealers from surveillance photos, several using pictures from Facebook, and several using photos or videos from the local news outlets. East Hempfield Township PD During a mental health call a young man was observed walking in the middle of the street without appropriate clothing for the weather. He wouldn’t provide info to officers and resisted so was ultimately involuntarily committed. His image was run through facial recognition which resulted in a candidate that was confirmed by the tattoos on his arm. As a result, officers were able to contact the family for more information. In two other cases, a detective ran an image of male shoplifting suspect and an image of a female suspect who was cashing stolen checks. A candidate for the shoplifting suspect was easily confirmed and the female candidate gave officers a lead which eventually resulted in an arrest. Pittsburgh PD Noted several successes including computer crime, eventual ID for aggravated assault shooting, several arrests for stolen vehicles, several drug case arrests and an arrest for homicide.
PSP Vice/Narcotics
PAVTN
Vice/Narcotics Unit conducted a wired buy with a Confidential Informant. The CI was equipped with a covert audio/video recording device. The wired buy was successful; however, the CI was unaware of the identity of the individual that served him. After reviewing the video of the buy, a screen shot was captured, and the photo of the unknown male was searched in JFRS. Within minutes a candidate was identified and later confirmed.
The new 2019 MPOETC courses are available on the PAVTN. The Legal Update course (19-001) is a mandatory training worth 3 credit hours. The remaining 9 credit hours of training can be any of the other MPOETC courses or any approved continuing law enforcement elective (CLEE). In addition to the MPOETC electives, the PAVTN has the following CLEE courses
Bethlehem PD
• Protection of Victims of Sexual Violence or Intimidation Act (CLE00699) 1 credit hour
A male suspect was arrested for possession of child pornography and was a wanted sex offender from Missouri. He had been traveling around the country pretending to operate a photography business. After the arrest, the detective reviewed the images and videos on the suspect’s computer. In several of the images, the suspect can be observed sexually assaulting the child victims. One series of images appeared to be a “photo shoot”, and as the images progressed, he began sexually assaulting the victim. In keeping with our conviction integrity training, the subcommittee wants to make sure police departments have the training, policies, procedures and tools to conduct professional investigations that result in convictions that stand any challenge. Also, to see that police departments can take advantage of the investments that the state makes in the automated fingerprint identification system, the JNET facial recognition system, the mobile fingerprint identification system, DNA analysis and now body cameras.
• Delivering Death Notification (CLE00896) 3 credit hours • Responding to Victims of Trauma (CLE00639) 1 credit hour • Responding to Veterans in Crisis (CLE00571) 3 credit hours • Conviction Integrity (CLE00488) 3 credit hours • Substance Abuse Prevention for First Responders (CLE00625) 3 credit hours • Investigating Strangulation (2018) (CLE00779) 1 credit hour • Investigating Stalking (CLE00800) 1 credit hour You can take any of these for credit, instead of the optional elective MPOETC courses, if you haven’t taken them in prior years for credit. CLEE course credits only count for the year they are taken. However, everyone is encouraged to take these courses, whether you need the credits or not. For officers that may have completed other CLEE courses and received more than three credits but our still short the required nine credits, we have four, 1-credit courses, InvestiCONTINUED ON PAGE 22
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Male suspect observed on an anticrime camera, walked into an office and left with the victim’s purse. The male suspect was in the company of a female. Since the victim was female, the female suspect used the victim’s cards. Investigator ran both and got two good candidates that were investigated and later arrested.
gating Stalking, Investigating Strangulation, Responding to Victims of Trauma and Protection of Victims of Sexual Violence or Intimidation Act. Some officers are taking three of these to instead of a three-credit single course. Mobile Fingerprint Identification Devices
PA CHIEFS OF POLICE ASSOCIATION
The Mobile Fingerprint Identification project continues, and new devices are available for a cost of $2,500 which covers the device and service for one year. After the first year, each device requires an annual fee of $990 for maintenance and secure cellular service. We also have several refurbished devices available for just the cost of the annual maintenance and secure cellular connection, $990. Training for the device is now available on PAVTN. More information about obtaining devices can be found on PCPA web site http://www. pachiefs.org/mobile-fingerprint-id
REMEMBERING John F. “Jack” Lennon, retired Chief of the Kilbuck Township Police Department, was well known through his dedicated service to the PCPA, Allegheny County Chiefs Association, and the Western Chiefs of Police Association. Retired Chief Robert Ruxton, Horsham Township Police, passed away earlier this year. Bob was an original member of PLEAC and was the past Chairman of the Commission.
Over the last year and a half, we delivered two hundred and thirty devices and they worked to identify wanted criminals trying to hide their identity. However, the devices are not something that maybe used every day. Typically, they are used for the times when there is no other means of identifying a suspicious person. I compare them to a bullet proof vest. You don’t need it most days but when you do, you are glad you have it.
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Join us on July 15, 2019 for our Incoming President Reception, celebrating Chief Albert Walker and enjoy live music from:
ROBERT HUNTER IS AN AMERICAN SINGER-SONGWRITER, POET, AND AUTHOR OF THE HIGHLY ANTICIPATED NOVEL RELAPSE THAT WAS RELEASED IN MAY 2018. KNOWN BEST FOR HIS UNIQUE BRAND OF LYRICAL ALT-COUNTRYROCK, ROBERT’S FIRST TWO EPs "AFTERGLOW" AND "OUTTA MY MIND" WERE CELEBRATED CRITICALLY AND DESCRIBED AS “MAGNETIC” AND “HARD WIRING, AFTER A SINGLE LISTEN.” SONGS LIKE “GONE FOR GOOD” AND “DITTO BABY” FOUND A HOME ON THE FM RADIO, AND HELPED PAVE THE WAY FOR FUTURE SUCCESS IN NASHVILLE AND BEYOND. A THIRD STUDIO EFFORT, REVIVAL, IS SET TO DROP IN EARLY 2018. IT WAS LARGELY INSPIRED BY HIS WIFE, BECKY, WHO INSISTED UPON ITS RELEASE, AS WELL AS THE PUBLICATION OF RELAPSE, IN SPITE OF HER BATTLE WITH AN AGGRESSIVE FORM OF CANCER. NOW BECKY IS IN REMISSION. AND WITH A TRIO OF POTENT EPs UNDER THEIR BELT, ALONG WITH A NEW NOVEL, THE PAIR ARE EMBARKING ON A NATIONWIDE TOUR TO CELEBRATE LIFE, LOVE, AND THE MADNESS OF IT ALL.
- ROBERT HUNTER 23
LEGI LE GISL SLAT SL ATIV IVE E RE REPO PO ORT R
LEGISLATIVE REPORT
PA CHIEFS OF POLICE ASSOCIATION
The following is a list of bills that have been introduced that are of particular interest to the Association. This list does NOT consist of ALL bills related to police and criminal justice matters, as there are numerous bills coming in on a weekly basis. If you have knowledge of a bill or questions, please contact Jerry Miller, jmiller@pachiefs.org or Joseph Blackburn.
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LEGISLATIVE REPORT
HB 12
Grove, Seth Amends Titles 18 & 42 re: human trafficking PLS Summary: (PN 36) Amends Title 18 (Crimes and Offenses) and 42 (Judiciary), in human trafficking. Increases the offense of trafficking in individuals from a felony of the second degree to a felony of the first degree. Expands the definition of the offense to include any individual who patronizes or advertises a victim of trafficking. Increases the penalties for the offense. Also increases the offense of patronizing a victim of sexual servitude from a felony of the second degree to a felony of the first degree and increases the fines for the offense. provides for additional fines for repeat offenders of patronizing prostitutes. Also provides that these additional fines shall be distributed equally to the Safe Harbor for Sexually Exploited Children Fund and for grants under section 3031 (relating to grants). Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 37 Brown, Rosemary
Amends Title 75 re: hand-held ban PLS Summary: (PN 356) Amends Title 75 (Vehicles) rules of the road in general, prohibiting use of interactive wireless communications devices, imposing penalties and establishing the Distracted Driver Awareness Fund; and the offense of homicide by vehicle and for the offense of aggravated assault by vehicle. "Interactive wireless communications device" does not include a system or device that is physically or electronically integrated into the vehicle other than being connected to the vehicle solely for the purpose of charging the system or device; nor a hand-held radio being used by a person with an amateur radio station license issued by the Federal Communications Commission. Minor applicants for learners' permits shall view educational materials on the dangers of distracted driving. No person shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive wireless communications device while the vehicle is in motion, except as outlined in the bill. The Distracted Driver Awareness Fund is established in the Motor License Fund to be used solely for the educational program and for the installation and maintenance of official traffic control devices. Effective in 180 days.
Last Action:
2- 5-19 H Introduced and referred to committee on House Transportation
HB 50 Wheatley, Jake
Amends Medical Marijuana Act re: legalization PLS Summary: (PN 366) Amends the Medical Marijuana Act title of act; general provisions for act; in preliminary provisions, short title, for declaration of policy and for definitions; in program, for program established, for confidentiality; adult-use cannabis; establishing the Commonwealth Reinvestment Fund, the Student Loan Reimbursement Program, the Mixed Income Housing Program and the After-School Program; imposing duties on the Department of Education, the Pennsylvania Housing Finance Agency and the Bureau of Liquor Control Enforcement; imposing penalties; making appropriations; making repeals; and making editorial changes. The bill establishes a chapter entitled the Cannabis Act and states that use or possession of medical cannabis as set forth in the Cannabis Act part is lawful within the commonwealth. “legalize the recreational use of marijuana, and treat it much like alcohol.” Effective in 60 days.
Last Action:
2-11-19 H Discussed during budget hearing with Dept. of Revenue, House Appropriations
HB 74 Rothman, Greg
Amends Titles 44 & 75 re: radar use, with restrictions
PLS Summary: (PN 78) Amends Titles 44 (Law and Justice) and 75 (Vehicles), establishing a six-year pilot program for full time accredited municipal and regional police to use radar as a speed timing device. Restricted to: No quotas, requires radar training, from marked vehicle, over 10 mph, posted signs “local police radar”, ordinance, no points for violators, warning first 90 days, annual report to “Local Government Commission”, no more than 1% of municipal revenue budget, automatic defense of revenue gathering, Section (program) expires in 2024 Effective in 120 days. Last Action:
1-28-19 H Introduced and referred to committee on House Transportation CONTINUED ON PAGE 26
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Legislative Report – Bills to Watch Spring of the Regular Session 2019-2020
LEGISLATIVE REPORT
HB 88
Donatucci, Maria Amends Title 18 re: aggravated assault PLS Summary: (PN 90) Amends Title 18 (Crimes and Offenses), in assault, adding to the offense of aggravated assault any other elected or appointed official or employee of the Commonwealth or any of its agencies, authorities, boards, commissions, councils, departments and offices or of any county, school district or municipal authority, board or commission while acting in the scope of his employment or other. Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 97 Rapp, Kathy
Amends Title 18 re: sale of vaping products
PLS Summary: (PN 99) Amends Title 18 (Crimes and Offenses), in minors, the offense of sale of tobacco and for the offense of use of tobacco in schools. The bill prohibits the sale of nicotine products and electronic nicotine delivery systems to minors. Effective in 60 days. Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary 3-12-19 Meeting set for Off the Floor, Room G-50, Irvis Office Build -- House Judiciary
HB 118 Miller, Daniel
Amends Title 42 re: Miranda Rights for minors PLS Summary: (PN 113) Amends Title 42 (Judiciary and Judicial Procedure), in juvenile matters, instructions upon arrest and custody. A law enforcement officer shall issue simplified instructions relating to an individual's constitutional rights upon arrest to a minor prior to taking the minor into custody. Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 121 Miller, Daniel
Amends Public School Code re: officer training PLS Summary: (PN 116) Amends the Public School Code, in grounds and buildings, school police officers, school resource officers and school security guards. The bill requires each school police officer, school resource officer, or school security guard to successfully complete training designed to facilitate working with children and adolescents, including those with mental health and behavioral health needs due to a disability. Effective in 60 days.
Last Action: HB 124
1-28-19 H Introduced and referred to committee on House Education Miller, Daniel
Amends Public School Code re: safety audits
PA CHIEFS OF POLICE ASSOCIATION
PLS Summary: (PN 118) Amends the Public School Code, Each school entity shall be subject to an annual safety assessment audit that reviews the school entity's school safety plan to determine compliance with the requirements of this section. The safety assessment audit shall be conducted by police officers with a certification in physical security training from the Department of Homeland Security. Each school entity shall have a school safety plan that may be districtwide or school-specific. Each school entity shall establish and develop policies for a threat assessment team that may service one or more schools as determined by the school entity. The chief school administrator shall notify the parents or guardians of the student when the threat assessment team has determined that the student may pose a threat to the safety of the student, other students, faculty or staff and may refer the matter to law enforcement. A student who may pose a threat to the safety of the student, other students, faculty or staff who has a current individualized education program or qualified 504 plan shall be scheduled for an individualized education program or 504 meeting to consider additional support services. Each school entity shall conduct two school security drills each year. Effective in 60 days. Last Action:
1-28-19 H Introduced and referred to committee on House Education
(PN 116) Amends the Public School Code, in grounds and buildings, school police officers, school resource officers and school security guards. The bill requires each school police officer, school resource officer, or school security guard to successfully complete training designed to facilitate working with children and adolescents, including those with mental health and behavioral health needs due to a disability. 26
LEGISLATIVE REPORT
Miller, Daniel Amends Title 18 re: retail theft PLS Summary: (PN 120) Amends Title 18 (Crimes & Offenses), in theft and related offenses, retail theft. The bill establishes that retail theft constitutes a felony of the third degree when the offense is a third or subsequent offense, regardless of the value of merchandise. Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 199
Cruz, Angel Amends Title 18 re: unmanned aircrafts PLS Summary: (PN 170) Amends Title 18 (Crimes & Offenses), in wiretapping and electronic surveillance, stipulating that the Attorney General or certain others may make written application to any Superior Court judge for an order authorizing the use of an unmanned aircraft by the investigative or law enforcement officers or agency having responsibility for an investigation involving suspected criminal activities when such use may provide evidence of the commission of any of the offenses enumerated in section 5708 (relating to order authorizing interception of wire, electronic or oral communications), or may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the offenses listed under section 5708 if the offense is dangerous to life, limb, or property and punishable by imprisonment for more than one year. Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 202
Cruz, Angel Amends Title 18 re: Gun Buyback Program PLS Summary: (PN 172) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, sale or transfer of firearms and establishing the Pennsylvania Gun Buyback Program and the Pennsylvania Gun Buyback Program Fund. The bill establishes that an individual may surrender a firearm to a participating law enforcement officer or sheriff within this commonwealth and shall remain anonymous and not be subject to prosecution for the possession of the firearm. Effective in 120 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 204
Cruz, Angel Amends Title 18 re: toy & imitation firearms PLS Summary: (PN 174) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, sale of toy or imitation firearms; and imposing penalties. The bill establishes that no person, firm or corporation or an agent or employee thereof shall import, manufacture, sell, hold for sale or distribute within this commonwealth a toy or imitation firearm which substantially duplicates or can be reasonably perceived to be an actual firearm unless: the entire exterior surface of the toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color, in combination with other colors in any pattern; and is constructed entirely of transparent or translucent materials which permits unmistakable observation of the toy. Effective in 120 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Judiciary
HB 216
Cruz, Angel Amends Title 75 re: impoundment of vehicles PLS Summary: (PN 186) Amends Title 75 (Vehicles), in driving after imbibing alcohol or utilizing drugs, impoundment of vehicles at the time of arrest for 12 hours whenever a person has been arrested for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance). Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Transportation
HB 218 Cruz, Angel
Amends Title 75 re: data extraction devices PLS Summary: (PN 188) Amends Title 75 (Vehicles), in enforcement, investigation by police officers by adding that no police officer who stops a vehicle as part of a systematic program of checking vehicles or drivers may use a data extraction device to secure information from an electronic device in the possession of the driver or passenger in the vehicle. Effective in 60 days.
Last Action:
1-28-19 H Introduced and referred to committee on House Transportation
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HB 126
LEGISLATIVE REPORT
HB 242
Pickett, Tina Amends Title 75 re: hit and run PLS Summary: (PN 212) Amends Title 75 (Vehicles), in miscellaneous provisions, accidents involving death or personal injury. The bill establishes that an occupant of any vehicle involved in an accident resulting in injury or death of any person shall, upon failure of the driver of the vehicle to comply with the requirements, report the accident as soon as the occupant is physically able to the nearest office of an authorized police department. Effective in 60 days.
Last Action: HB 249
1-28-19 H Introduced and referred to committee on House Transportation Sappey, Christi
Amends Title 18, 23 & 42 re: strangulation
PLS Summary: (PN 224) Amends Titles 18 (Crime and Offenses), 23 (Domestic Relations) and 42 (Judiciary), in assault, the offense of stalking; in wiretapping and electronic surveillance, definitions; in child custody, consideration of criminal conviction; in domestic and sexual violence victim address confidentiality, penalties; and, in sentencing, sentences for second and subsequent offenses. The bill adds strangulation to the list of offenses the court shall consider and determine that the party does not pose a threat of harm to the child before making any order of custody to that party. Effective in 60 days. Last Action: HB 269
1-29-19 H Introduced and referred to committee on House Judiciary Driscoll, Micha
Amends Tax Reform Code re: tax exemption
PLS Summary: (PN 240) Amends the Tax Reform Code excluding from the realty transfer tax a transfer of real estate from the surviving spouse or minor child of a person covered under the Emergency and Law Enforcement Personnel Death Benefits Act, within five years of the person's death. Effective in 60 days. Last Action:
1-29-19 H Introduced and referred to committee on House Finance
HB 271 Driscoll, Micha
Amends Title 75 re: reflectors on devices PLS Summary: (PN 242) Amends Title 75 (Vehicles), in special vehicles and pedestrians, requiring that every selfpropelled wheelchair and electrical mobility device operated and designed for the exclusive use of a person with a mobility-related disability when operated on a sidewalk, sidewalk area or highway between sunset and sunrise be equipped with a red reflector facing to the rear and a reflector on the front and each side, all of which shall be visible from at least 500 feet. No person may sell a self-propelled wheelchair or electrical mobility device, whether new or used, unless it is equipped as required by this section. Effective in 60 days.
Last Action:
1-29-19 H Introduced and referred to committee on House Transportation
PA CHIEFS OF POLICE ASSOCIATION
HB 279
Boback, Karen Amends Title 42 re: hot car immunity PLS Summary: (PN 247) Amends Title 42 (Judiciary and Judicial Procedure), in particular rights and immunities, rescue from motor vehicle. No person shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing an individual from the motor vehicle, if the person: (1) has a good-faith, reasonable belief that the individual is in imminent danger of suffering harm if not immediately removed from the motor vehicle; (2) determines that the individual is unable to exit the motor vehicle without assistance; (3) makes a reasonable effort to locate the driver of the motor vehicle and to contact law enforcement, a fire department or other emergency responder prior to entry; (4) uses no more force than necessary under the circumstances to enter the motor vehicle; (5) makes a good-faith effort to leave notice on or in the motor vehicle stating the reason the entry was made, the location of the individual who was removed from the motor vehicle and, if possible, identifying the police or fire department or other emergency responder that is expected to respond; and (6) remains with the individual in a safe location until law enforcement or emergency responders arrive. Effective in 60 days.
Last Action:
1-29-19 H Introduced and referred to committee on House Judiciary
3-12-19 Meeting set for Off the Floor, Room G-50, Irvis Office Build -- House Judiciary
28
LEGISLATIVE REPORT
Simmons, Justin Amends Title 18 re: concealing death of child PLS Summary: (PN 261) Amends Title 18 (Crimes and Offenses), in offenses against the family, the offense of concealing death of child. A person is guilty of a felony of the third degree if he or she, as a parent, individual residing in the same household as the child, or an individual responsible for the child's welfare endeavors privately, either alone or by the procurement of others, to conceal the death of the child, so that it may not come to light, whether it was born dead or alive or whether it was murdered or not. Effective in 60 days.
Last Action:
1-30-19 H Introduced and referred to committee on House Judiciary
3-12-19 Meeting set for Off the Floor, Room G-50, Irvis Office Build -- House Judiciary HB 307
Gainey, Ed Amends Title 18 re: assault weapons ban PLS Summary: (PN 287) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, defining an offence prohibiting certain assault weapons. Effective in 60 days.
Last Action:
2- 1-19 H Introduced and referred to committee on House Judiciary
HB 317 Rothman, Greg
Amends Title 75 re: license plate readers PLS Summary: (PN 297) Amends Title 75 (Vehicles), in penalties and disposition of fines, surcharge; automated license plate reader (ALPR) systems; imposing penalties; and establishing the ALPR Equipment Fund. A surcharge of $25 is levied upon conviction for violation of Chapter 13 (relating to registration of vehicles), a surcharge of $25 which shall be remitted to the State Treasury for deposit in the ALPR Equipment Fund. The ALPR Equipment Fund is established to procure ALPR equipment for use by law enforcement agencies and to assist and provide equipment support for State and local law enforcement. Effective in six months.
Last Action:
2- 1-19 H Introduced and referred to committee on House Transportation
HB 336
Cruz, Angel Amends Title 18 re: firearms in Capitol Complex PLS Summary: (PN 313) Amends Title 18 (Crimes & Offenses), prohibiting individuals, with the exception of law enforcement and security personnel, from carrying firearms in the Capitol Complex. Effective in 60 days.
Last Action:
2- 1-19 H Introduced and referred to committee on House Judiciary
HB 338
Cruz, Angel Amends Title 18 re: cell site simulator devices PLS Summary: (PN 315) Amends Title 18 (Crimes and Offenses), in wiretapping and electronic surveillance, defining "cell site simulator device" and exceptions to prohibition of interception and disclosure of communications, for possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices and telecommunication identification interception devices and for general prohibition on use of certain devices and exception, application for warrant for use of cell site simulator devices and for issuance of warrant for use of cell site simulator devices and reports concerning certain devices; and making editorial changes. Effective in 60 days.
Last Action:
2- 1-19 H Introduced and referred to committee on House Judiciary
HB 352
Kortz, Bill Amends Title 44 & 75 re: radar enforcement local police PLS Summary: (PN 328) Amends Titles 44 (Law and Justice) and 75 (Vehicles), in Title 44, adding a chapter issuance of citations and prohibiting quotas; and in Title 75 in rules of the road in general, establishing a radar enforcement systems pilot program; and making a related repeal. Requires; training, marked vehicle enforcement, over 10 mph, warning signs, local ordinance, no more than 20% revenue of municipal budget, program expires in 6 years. Any police officer is permitted.
Effective in 120 days. Last Action:
2- 4-19 H Introduced and referred to committee on House Transportation
CONTINUED ON PAGE 30
29
SPRING 2019 BULLETIN
HB 288
LEGISLATIVE REPORT
HB 365
White, Martina Amends Title 18 re: residential property PLS Summary: (PN 335) Amends Title 18 (Crimes and Offenses), in burglary and other criminal intrusion, arrest or removal of persons from residential property. A law enforcement officer having probable cause to believe that a person on residential property has no lawful right of occupancy or entry on the property or is trespassing as provided under section 3503 (relating to criminal trespass), shall have the authority to arrest the person or to remove the person from the premises without making an arrest. Effective in 60 days.
Last Action:
2- 4-19 H Introduced and referred to committee on House Judiciary
HB 371 Murt, Thomas
Amends PA Amber Alert System Law re: Blue Alert PLS Summary: (PN 344) Amends the Pennsylvania Amber Alert law establishing the Pennsylvania Blue Alert System for the protection of the public and the apprehension of a person of immediate threat. The Pennsylvania State Police shall establish and maintain the Pennsylvania Blue Alert System to assist in the protection of the public and the apprehension of a person of immediate threat, as identified by the Pennsylvania State Police, who may have been involved in the injury or death of a law enforcement officer, through prompt notification to the general public, appropriate law enforcement authorities and other public agencies. Effective immediately.
Last Action:
2- 5-19 H Introduced and referred to committee on House Judiciary
HB 377
Isaacson, Mary Amends Title 18 re: destroying firearms PLS Summary: (PN 349) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, mandates that law enforcement agencies of the Commonwealth make reasonable efforts to identify and return all firearms to their rightful and lawful owners. If an owner cannot be identified within 120 days, the firearm would be required to be destroyed. Effective in 60 days.
Last Action: HB 378
2- 5-19 H Introduced and referred to committee on House Judiciary Isaacson, Mary
Amends Title 18 re: possessing firearms
PLS Summary: (PN 350) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, persons not to possess, use, manufacture, control, sell or transfer firearms, for restoration of firearm rights for offenses under prior laws of this Commonwealth, for licenses and for Pennsylvania State Police. Persons not to possess, use, manufacture, control, sell or transfer firearms include a person who has been ordered to undergo involuntary mental health treatment on an outpatient basis under the Mental Health Procedures Act. Effective in 60 days. Last Action:
PA CHIEFS OF POLICE ASSOCIATION
HB 380
2- 5-19 H Introduced and referred to committee on House Judiciary Diamond, Russ
Amends Title 75 re: driver forgiveness
PLS Summary: (PN 369) Amends Title 75 (Vehicles), in registration, registration and certificate of title required; in licensing of drivers, carrying and exhibiting driver's license on demand; and, in inspection of vehicles, operation of vehicle without official certificate of inspection. The bill establishes that no person charged with driving an unregistered vehicle shall be convicted if fewer than 30 days have elapsed from the expiration of the person's valid vehicle registration and the person: produces a valid vehicle registration at the headquarters of the police officer who demanded to see the person's vehicle registration, within 10 days of the demand; or if a citation has been filed, produces a valid vehicle registration at the office of the issuing authority, within 10 days of the filing of the citation. Effective January 1, 2019. Last Action:
2- 6-19 H Introduced and referred to committee on House Transportation
(PN 349) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, mandates that law enforcement agencies of the Commonwealth make reasonable efforts to identify and return all firearms to their rightful and lawful owners. If an owner cannot be identified within 120 days, the firearm would be required to be destroyed. 30
LEGISLATIVE REPORT
Amends Title 75 re: accident reports by police PLS Summary: (PN 351) Amends Title 75 (Vehicles), in miscellaneous provisions relating to operation of vehicles, accident reports by police by adding that if the request for a report is made within 15 days of the accident, the police department shall furnish an initial written report of the accident at the same time the report is delivered to the department. If the initial report is not complete, a supplemental report shall be submitted at a later date. The cost shall not exceed $22 (increased from $15). Effective in 60 days.
Last Action:
2- 5-19 H Introduced and referred to committee on House Transportation
HB 452
Cruz, Angel Amends Title 75 re: holding animal & driving PLS Summary: (PN 437) Amends Title 75 (Vehicles) prohibiting the operation of a vehicle while holding or attending to an animal on the driver's lap, or allowing an animal to be in the driver's immediate area, which interferes with the driver's control over the driving mechanism of the vehicle. Effective in 60 days.
Last Action:
2-11-19 H Introduced and referred to committee on House Transportation
HB 467
Cruz, Angel Amends Title 18 re: firearm eligibility license PLS Summary: (PN 452) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, establishing a license for firearm ownership eligibility. Requires individual to be at least 21 years of age, complete an application, live in Pennsylvania, complete a firearms safety training course within the last three years, and not be prohibited by law from purchasing or possessing a firearm in order to do so. A license is valid for five years. Provides for exemptions. Effective in 60 days.
Last Action:
2-11-19 H Introduced and referred to committee on House Judiciary
HB 496
Davis, Tina Amends Title 75 re: digital vehicle reg. cards PLS Summary: (PN 484) Amends Title 75 (Vehicles) adding language to allow motorists to carry either a digital or paper copy of their vehicle registration card. Provides if a person displays an electronic registration card using an electronic device, the police officer shall only view the electronic registration card and may not manipulate the electronic device to view any other information on the electronic device. Effective in 60 days.
Last Action:
2-12-19 H Introduced and referred to committee on House Transportation
HB 506
Rothman, Greg Amends Public Employee Rel. Act re: unions PLS Summary: (PN 494) Amends the Public Employee Relations Act, in employee rights, conditions of a collective bargaining agreement; and, in scope of bargaining, maintenance of membership. The bill stipulates that no collective bargaining agreement entered into on or after January 1, 2020, shall establish conditions for when a public employee may join or resign from an employee organization acting as the exclusive representative of a unit. Effective immediately.
Last Action:
2-12-19 H Introduced and referred to committee on House Labor and Industry
HB 540
Flynn, Marty Amends Title 18 re: violence against officer PLS Summary: (PN 531) Amends Title 18 (Crimes and Offenses), in riot, disorderly conduct and related offenses, establishing the offense of inciting violence against law enforcement officer. Effective in 60 days.
Last Action:
2-19-19 H Introduced and referred to committee on House Judiciary
HB 562
Bullock, Donna Amends Titles 42 & 75 re: court fines & fees PLS Summary: (PN 561) Amends Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in sentencing, payment of court costs, restitution and fines, for fine and for failure to pay fine; in licensing of drivers, suspension of operating privilege for failure to respond to citation; and, in penalties and disposition of fines, inability to pay fine and costs. Establishes that a defendant shall be considered to experience manifest hardship if any of the following apply: the defendant is involuntarily unemployed; the defendant's household income is less than 200 percent of the Federal poverty level; the defendant is receiving any kind of public assistance; and the defendant presents evidence to the judge that would cause a reasonable person to believe paying the full amount of the penalty would cause manifest hardship. Effective in 60 days.
Last Action:
2-20-19 H Introduced and referred to committee on House Judiciary
31
CONTINUED ON PAGE 32
SPRING 2019 BULLETIN
HB 381 Diamond, Russ
LEGISLATIVE REPORT
HB 579
Flynn, Marty Amends Act re: benefits for paid fire chiefs PLS Summary: (PN 586) Amends the act entitled "An act extending benefits to police chiefs or heads of police departments of political subdivisions of the Commonwealth who have been removed from bargaining units by the Pennsylvania Labor Relations Board," fire officers. Establishes that except in cities of the first and second class, fire chiefs and heads of fire departments who have been removes from bargaining units under the Policemen and Firemen Collective Bargaining Act, by rulings of the Pennsylvania Labor Relations Board shall receive not less than the same dollar increase, including fringe benefits but excluding overtime and festive holiday pay, as received by the highest ranking fire officer participating in the bargaining unit. Effective immediately.
Remarks: Adds fire Chiefs. PCPA opposes changes that do not include removing language related to Labor Relations Board removal language. Last Action: HB 585
2-28-19 H Introduced and referred to committee on House Labor and Industry Kortz, Bill
Amends Title 18 re: taser/stun gun possession
PLS Summary: (PN 592) Amends Title 18 (Crimes and Offenses), in inchoate crimes, prohibited offensive weapons by excepting a person who uses or possesses an electric or electronic incapacitation device as permitted under section 908.1 (relating to use or possession of electric or electronic incapacitation device). Effective in 60 days. Last Action: HB 588
2-28-19 H Introduced and referred to committee on House Judiciary Kulik, Anita
Amends Title 23 re: Alina's Law
PLS Summary: (PN 595) Amends Title 23 (Domestic Relations), in protection from abuse, the definition of "electronic monitoring device" and relief. "Alina's Law" allows an order or agreement to include requiring an electronic monitoring device be placed on the defendant if the defendant is found to present a substantial risk of violating the final protection from abuse order or committing a crime against the victim punishable by imprisonment. Effective in 60 days. Last Action:
2-28-19 H Introduced and referred to committee on House Judiciary
HB 637 DeLuca, Anthony Act re: the termination of law enforcement officers. the termination of law enforcement officers upon testing positive for a controlled substance. "Controlled substance." A drug, substance or immediate precursor specified in schedules I, II, III, IV and V of section 4 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. Last Action: Referred to JUDICIARY, March 1, 2019 [House] HR 60 Davis, Austin
Resolution re: LBFC police consolidation study
PLS Summary: (PN 278) Resolution directing the Legislative Budget and Finance Committee to conduct a study of the salaries and training of police officers in this Commonwealth. Last Action: SB 8
2- 1-19 H Introduced and referred to committee on House Local Government
Regan, Mike
Amends Title 18 re: fentanyl trafficking
PA CHIEFS OF POLICE ASSOCIATION
PLS Summary: (PN 193) Amends Title 18 (Crimes and Offenses), in other offenses, establishing offenses for drug trafficking sentencing and penalties for fentanyl. Effective in 60 days. Last Action:
2- 5-19 S Introduced and referred to committee on Senate Judiciary
SB 45 Ward, Kim
Amends PA Turnpike Comm. Act re: emergency vehicle. PLS Summary: (PN 21) Amends the Pennsylvania Turnpike Commission Act emergency vehicles by waiving fees for a member of the Pennsylvania State Police for a legitimate law enforcement function and a vehicle carrying or escorting a firefighter, ambulance service or rescue squad member, law enforcement officer or armed service member killed in the line of duty. Effective in 60 days.
Last Action:
1-11-19 S Introduced and referred to committee on Senate Transportation
32
LEGISLATIVE REPORT
SB 46 Ward, Kim
Amends the Admin. Code re: local & state police PLS Summary: (PN 22) Amends the Administrative Code establishing the State Trooper Services Contractual Program. The bill authorizes the State Police commissioner to enter into agreements with boroughs and townships for the furnishing of police protection by one or more state troopers on a contractual basis, and provides for duties and requirements of various parties in the ance of the measure. A trooper would be paid no less than $65 per hour under an agreement. Effective in 60 days.
Last Action:
1-11-19 S Introduced and referred to committee on Senate Law and Justice
SB 49 Killion, Thomas
Amends Title 42 re: civil immunity PLS Summary: (PN 95) Amends Title 42 (Judiciary and Judicial Procedure), in particular rights and immunities, civil immunity of person rescuing minor from motor vehicle. A person who removes or attempts to remove a minor from a motor vehicle shall be immune from civil liability for any damage to the motor vehicle or property contained in the motor vehicle resulting from the removal or attempt if the person: (1) determines that the motor vehicle is locked or no reasonable method exists for the minor to exit the motor vehicle; (2) has a reasonable and good faith belief that forcible entry into the motor vehicle is necessary because the minor is in imminent danger of suffering harm if not immediately removed from the motor vehicle; (3) contacts emergency responders before the removal or attempt occurs, if practicable, or as soon as possible after the removal or attempt occurs; (4) remains with the minor at a safe location near the motor vehicle until a law enforcement officer arrives; and (5) uses no more force than necessary for the removal or attempt. Effective in 60 days.
Last Action:
3-18-19 S Set on the Senate Calendar
SB 55 Williams, Anthony
Amends PA Amber Alert System re: Jay alerts PLS Summary: (PN 28) Amends the Pennsylvania Amber Alert System Law adding a new subsection requiring the Pennsylvania State Police to establish and maintain the Jay Alert System to assist in the identification and apprehension of suspects who leave the scene of an accident which results in serious bodily injury or death. The system shall be operated by the State Police and activation of the system may be requested by law enforcement agencies when public assistance is considered expedient to the identification and apprehension of a motor vehicle operator who has fled the scene. the investigating law enforcement agency shall directly notify all motor vehicle facilities in the commonwealth via the system. Effective in 60 days.
Last Action:
1-11-19 S Introduced and referred to committee on Senate Law and Justice
SB 57 Williams, Anthony
Act re: employer credit checks
PLS Summary: (PN 30) The Equal Employment for All Act prohibits employers from using a consumer credit report in making a determination in whether to hire an applicant for employment. The legislation provides exceptions to this general rule and states a violation shall be considered an unlawful employment practice under the Pennsylvania Human Relations Act. Effective in 60 days. Last Action:
1-11-19 S Introduced and referred to committee on Senate Labor and Industry CONTINUED ON PAGE 34
33
SPRING 2019 BULLETIN
(PN 28) Amends the Pennsylvania Amber Alert System Law adding a new subsection requiring the Pennsylvania State Police to establish and maintain the Jay Alert System to assist in the identification and apprehension of suspects who leave the scene of an accident which results in serious bodily injury or death. The system shall be operated by the State Police and activation of the system may be requested by law enforcement agencies when public assistance is considered expedient to the identification and apprehension of a motor vehicle operator who has fled the scene. the investigating law enforcement agency shall directly notify all motor vehicle facilities in the commonwealth via the system.
LEGISLATIVE REPORT
SB 86 Brooks, Michele
Amends Titles 18 & 23 re: Safe Haven Law PLS Summary: (PN 64) Amends Titles 18 (Crimes and Offenses) and 23 (Domestic Relations), in offenses against the family, newborn protection; in child protective services, definitions and for taking a child into protective custody; and, in newborn protection, definitions, for health care providers accepting newborns, for police officers accepting newborns, for reporting acceptance of newborns, for immunity and for duties of department. The bill adds urgent care centers to the Safe Haven Law. Effective in 60 days.
Last Action:
3-18-19 S Set on the Senate Calendar
SB 98 Hutchinson, Scott
Amends Titles 18 & 35 re: firearm sales PLS Summary: (PN 71) Amends Titles 18 (Crimes and Offenses) and 35 (Health and Safety), in firearms and other dangerous articles, prohibited conduct during emergency; and, in commonwealth services, general authority of the governor. Repeals provisions restricting the carrying or purchasing of firearms during an emergency. Effective in 60 days.
Last Action: Prepared. SB 109
1-24-19 S Introduced and referred to committee on Senate Veterans Affairs & Emergency Yaw, Gene
Amends Title 75 re: passengers to render aid
PLS Summary: (PN 81) Amends Title 75 (Vehicles), in accidents and accident reports, adding penalties for failure to give information and render aid. Effective in 60 days. Last Action:
1-24-19 S Introduced and referred to committee on Senate Transportation
SB 114 Boscola, Lisa
Amends Title 75 re: snow removal from vehicle
PLS Summary: (PN 83) Amends Title 75 (Vehicles), in miscellaneous provisions, requiring a driver to make a reasonable effort to remove snow or ice from the vehicle within 24 hours of the cessation of the falling snow or ice. The bill provides for exceptions and penalties. Effective in 60 days. Last Action:
1-24-19 S Introduced and referred to committee on Senate Transportation
SB 131 Sabatina, John
Amends Title 75 re: novice cell phone ban
PLS Summary: (PN 108) Amends Title 75 (Vehicles) in general provisions, examination of applicant for driver's license; and, in rules of the road in general, prohibiting text-based communications and prohibiting use of interactive wireless communications device by novice drivers. Establishes that the portion of the examination on traffic laws shall contain at least one question on distracted driving relating to the drivers ability to understand the effects of distracted driving. Also states no driver shall operate a motor vehicle on a highway or trafficway in this commonwealth while using an interactive wireless communications device to send, read or write a text-based communication, unless the motor vehicle is parked on the side or shoulder of a highway or trafficway in this Commonwealth where the motor vehicle is safely able to remain stationary. Effective in 60 days. Last Action:
PA CHIEFS OF POLICE ASSOCIATION
SB 140
1-31-19 S Introduced and referred to committee on Senate Transportation Killion, Thomas
Act re: PA Family Medical Leave Act
PLS Summary: (PN 287) The Pennsylvania Family and Medical Leave Act provides for family and medical leave for eligible employees. Extend rights of the federal Family and Medical Leave Act to siblings, grandparents and grandchildren in certain, specific cases. Effective in 60 days. Last Action:
2-19-19 S Introduced and referred to committee on Senate Labor and Industry
SB 195 Hughes, Vincent
Amends Title 18 re: firearm safety training
PLS Summary: (PN 151) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, licenses by requiring applicants to affirm that they have successfully completed a firearms safety course. The bill outlines provisions requiring completion of firearms safety courses. Effective in 60 days. Last Action:
2- 1-19 S Introduced and referred to committee on Senate Judiciary
34
LEGISLATIVE REPORT
Amends Title 23 re: electronic monitoring PFA PLS Summary: (PN 152) Amends Title 23 (Domestic Relations), in protection from abuse, defining "electronic monitoring device" and relief by stipulating that an order or agreement may include requiring an electronic monitoring device be placed on the defendant if the defendant is found to present a substantial risk of violating the final protection from abuse order or committing a crime against the victim punishable by imprisonment. Effective in 60 days.
Last Action:
2- 1-19 S Introduced and referred to committee on Senate Judiciary
SB 197 Hughes, Vincent
Amends Title 18 re: strict liability PLS Summary: (PN 153) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, to hold those who knowingly sell or transfer a firearm illegally to the same responsibility as a person committing a crime with the illegally obtained firearm. Effective in 60 days.
Last Action:
2- 1-19 S Introduced and referred to committee on Senate Judiciary
SB 198 Hughes, Vincent
Amends Title 18 re: disqualifying convictions PLS Summary: (PN 154) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, adding persons who are convicted of certain offenses are not to possess, use, manufacture, control, sell or transfer firearms. Added offenses include (but not limited to) possession of firearm or other dangerous weapon in court facility, murder of unborn child, voluntary manslaughter of unborn child, recklessly endangering another person if the reckless conduct engaged in involved a firearm, terroristic threats if the threat communicated referenced the use of a firearm, threat to use weapons of mass destruction, terrorism, false imprisonment if a firearm is used in the commission of the offense, trafficking in individuals, statutory sexual assault, sexual assault, institutional sexual assault, and indecent assault. Effective in 60 days.
Last Action:
2- 1-19 S Introduced and referred to committee on Senate Judiciary
SB 233
Street, Sharif Amends Controlled Substance Act re: cannabis PLS Summary: (PN 216) Amends The Controlled Substance, Drug, Device and Cosmetic Act changing the grading of possession of a small amount of marijuana to from a misdemeanor to a summary offense. Defines a small amount of marijuana as 30 grams or less of marijuana or eight grams of hashish. Effective in 60 days.
Last Action:
2- 7-19 S Introduced and referred to committee on Senate Judiciary
SB 323
Martin, Scott Act re: Response Cost Reimbursement PLS Summary: (PN 300) The Commonwealth Response Cost Reimbursement Act establishes a person is responsible for public safety response costs incurred by a state agency or political subdivision as a result of its response to a demonstration if, in connection with the demonstration, the person is convicted of a felony or misdemeanor offense. Effective in 60 days.
Last Action: SB 363
2-22-19 S Introduced and referred to committee on Senate State Government Boscola, Lisa
Amends Title 44 re: DNA database expansion
Requires any individual arrested for a felony offense to provide a DNA sample to the state’s database. Last Action:
3- 4-19 S Introduced and referred to committee on Senate Judiciary
(PN 216) Amends The Controlled Substance, Drug, Device and Cosmetic Act changing the grading of possession of a small amount of marijuana to from a misdemeanor to a summary offense. Defines a small amount of marijuana as 30 grams or less of marijuana or eight grams of hashish.
35
SPRING 2019 BULLETIN
SB 196 Hughes, Vincent
36
PA CHIEFS OF POLICE ASSOCIATION
Full certification and re-certification are available. This 40-hour course consists of lecture and hands on training geared toward police department fitness coordinators and MPOETC fitness instructors. Some topics of discussion are legal issues surrounding police fitness programs and testing, safely developing incumbent programs for police departments using ACSM guidelines, MPOETC testing and training, strength and endurance training and testing methods, body composition and basic nutrition training. Successful candidates will be certified by the Pennsylvania Chiefs of Police Association as Police fitness coordinators.
November 11 – 15, 2019 Location: Chester County Public Safety Training Campus 137 Modena Road, Coatesville, PA 19320 Classes run from 8:00 a.m. until 4:00 p.m. each day with a forty-five minute lunch break each day. The first day will be casual business attire with gym clothes the rest of the week. The one day re-certification will be conducted with the rest of the class on Wednesday, November 13, 2019. Two recommended hotels in the area. Home 2 Suites Hilton 975 E. Lancaster Avenue Downingtown, PA 19335 610-873-1200 855-618-4702
Courtyard Marriott 600 Manor Road Coatesville, PA 19320 610-380-8700 Corporate Promotion Code 5CB
For more information and to register, please visit: www.pachiefs.org
37
SPRING 2019 BULLETIN
Fall Physical Fitness Coordinator Class
P E N N S Y LV A N I A CHIEFS OF POLICE ASSOCIATION
APPLICATION TYPE:
APPLY ONLINE!
Active Membership $150 per year plus $100 Initiation Fee ($250 to accompany application) Affiliate Membership $150 per year plus $100 Initiation Fee ($250 to accompany application)
3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org CHECK HERE FOR A MAILED COPY OF THE BULLETIN...$25 PER YEAR Please type or print clearly.
APPLICANT INFORMATION
RECOMMENDING MEMBER
Full Name of Employer ______________________________
Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.
Office Address ____________________________________
Recommending Member Name and Title:
________________________________________________
________________________________________________
Name ___________________________________________ Rank ___________________________ Date of Appt ______
________________________________________________ County _____________________ Phone _______________
Department Name and Phone Number: ________________________________________________
Fax ___________________ Email ____________________
APPLICANT DEPARTMENT INFORMATION
Are you a sworn police officer? Y or N
Provide the number of sworn police officers in your department
Full time police officer in above department? Y or N
Full time ___________ Part time __________
MPOETC # ________________________________________ If not applicable, please explain why MPOETC number is not
If industry, number of security officers under applicant’s command ___________
present __________________________________________
If other, state nature of business in relation to law enforcement
________________________________________________
________________________________________________
Residence Address ________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________ County ____________________ Region _______________ Date of Birth _______________ Phone ________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N If yes, explain on a separate sheet of paper and attach to application form. Signature of Applicant: ______________________________________________________
MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date ______________________
MEMBERSHIP QUALIFICATIONS Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.
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