Bulletin Winter 2018-2019

BULLETIN

WINTER 2019

PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION

Inside this Issue: PCPA Executive Board and Committees

PCPA 2019 Conference

New and Re-Accredited Agencies

Updates to The Sexual Assault Testing Welcome New Members And Evidence Collection Act Legal Update for Law Enforcement Technology Update

Proud 5-Shield Sponsor of PCPA

Winter 2019 • Vol. 120; Issue 4

14 9 14 18 22 36

July 2019 Police Physical Fitness Coordinator Class PCPA 2019 Conference Updates to The Sexual Assault Testing And Evidence Collection Act Technology Update

FirstNet Proves to Be Valuable During Super Bowl Week in Atlanta, Georgia official says

COLUMNS AND DEPARTMENTS 5 PCPA Executive Board and Committees 5

PCPA Staff

6

President’s Message

7

Executive Director’s Message

8 Welcome to Our Newest Accredited Agencies 9

New Members

10 Legal Update for Law Enforcement 24 Legislative Report 39 PCPA Membership Application

36

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.

3

WINTER 2019 BULLETIN

contents

USPS 425940 • ISSN 0031-4404

Law enforcement is challenging enough. Let Argos Security make it easier with customizable weapons and gear storage supported by the product justifications, specs, and pricing your department needs to meet its budgeting requirements. To learn more, visit argosweaponstorage.com/PCPA.

855-893-2766 sales@argosweaponstorage.com argosweaponstorage.com Since 1968 | Lifetime Warranty | Made in the USA

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

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

Michael Vogel - 2019 Chief of Police Allegheny County Housing Authority

David Splain – 2020 Chief of Police Nether Providence Township

Bryan Kelly – 2019 Chief of Police Shaler Township

James Sabath – 2020 Chief of Police Newtown Borough

William D. Smith – 2020 Retired Chief of Police Derry Township

Mark Toomey – 2020 Chief of Police Upper Providence Township

Dave DiSanti Treasurer Chief of Police Town of McCandless

Joseph Blackburn, Executive Director, Consulting and Member Services Manager, jblackburn@pachiefs.org Alexandra (Boutselis) Thau, Administrative Assistant, athau@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org Cheryl Campbell, Administrative Manager, ccampbell@pachiefs.org

BOARD MEMBERS

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

9

22

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

5

WINTER 2019 BULLETIN

executive board & committees

PRESIDENT’S MESSAGE

DEAR PCPA MEMBERS,

H

appy New Year. It is our collective hope that you had a wonderful holiday season. As we begin the new year and many of us focus on the work of running our own agencies, I would ask that our members involve themselves in issues that have a direct and fundamental impact on our ability to police our communities effectively.

As police leaders, it is part of our responsibility to ensure that our policy makers at the local, county and state levels of government hear the insight of law enforcement professionals when they are considering matters that will affect our ability to protect the public we serve.

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

PA CHIEFS OF POLICE ASSOCIATION

MISSION.

The organization continues to address important issues: • Radar legislation • Body cameras • Domestic violence • Implementation of Act 79 (PFA procedures) • Sexual assault testing and evidence collection • Medical marijuana and legalization of recreational use We must serve as resources 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. We must also speak out publicly to educate our communities on our capabilities, our limitations, and how changes affect how our officers police.

Our membership possesses the expertise on policing issues that others lack. It is our responsibility to work with our leaders and elected officials to ensure that we are discussing the challenges and difficulties our officers and our departments are facing.

It is more important than ever for police chiefs to be actively engaged.

Only by speaking up can we ensure that the needs and concerns of the law enforcement community are heard. We will continue to work closely with our policy makers on important issues that the law enforcement community is facing.

I encourage you to participate in PCPA activities. We must continue to build on the hard work that the organization and our members have done in the past.

Sincerely,

Scott L. Bohn CHIEF OF POLICE WEST CHESTER, PA PCPA PRESIDENT 6

EXECUTIVE DIRECTOR’S MESSAGE WINTER 2019 BULLETIN

DEAR MEMBERS,

W

e miss Tom Gross. We’re happy that he is recovering nicely from his lung transplant and heart surgery, but we grew to love his upbeat personality. I join the staff in wishing he was here with us every day.

Since my appointment as Executive Director, I have received tremendous support from our President and Executive Board. They dedicate a lot of time to the Association and I realize they have their own agencies to manage. I have conferred with Tom Gross many times. I often reread his article in the Fall 2018 Bulletin. The paragraphs on our needs for future development have provided me a blueprint for success. I have been surprised by the number of legislators and special interest groups that are interested in the opinion of our Association. Making these contacts and maintaining these relationships is critical, as Tom pointed out. Our staff and the legislative committee are working hard, but there is just not enough time to make the progress we need to make. We must dedicate the time and resources necessary to keep the Association relevant in the political process.

I would like to encourage our members to participate in two upcoming events: • The 15th Annual Pennsylvania Law Enforcement Accreditation Conference will be held from March 25 to 27 at the Sheraton Harrisburg Hershey Hotel. The training is superb, and both presentations on Tuesday, March 26 have been approved by MPOETC. Please go to our website at www.pachiefs.org for more information.

• The 106th Annual Education and Training Conference will be held at the Kalahari Resort Pocono Mountain. We expect a large turnout of attendees, family members, and exhibitors. Two presentations will be approved for MPOETC credit. Please join us for excellent, timely, presentations and Association activities.

In closing, I would like to thank the Executive Board for their confidence in me. I think they know – and I want every member to know – that I am committed to this organization and the excellent services it provides to the membership.

Sincerely,

Joseph Blackburn JOSEPH BLACKBURN PCPA EXECUTIVE DIRECTOR

7

I HAVE BEEN SURPRISED

BY THE NUMBER OF LEGISLATORS AND SPECIAL INTEREST GROUPS THAT ARE INTERESTED IN THE OPINION OF OUR ASSOCIATION. MAKING THESE CONTACTS AND MAINTAINING THESE RELATIONSHIPS IS CRITICAL.

Welcome to Our Newest Accredited Agency

West Whiteland Township Chester County Chief Joseph M. Catov, Jr.

Re-Accredited Agencies at the PLEAC Meeting in November: Hampden Township Cumberland County Chief Steven R. Junkin

Hatfield Township Montgomery County Chief William J. Tierney

Philadelphia City Philadelphia County Commissioner Richard Ross, Jr.

Swatara Township Dauphin County Chief Darrell R. Reider

Duquesne University Allegheny County Director Thomas M. Hart

Cheltenham Township Montgomery County Chief John Frye

Solebury Township Bucks County Chief Domenick Bellizzie

Lower Providence Township Montgomery County Chief Stanley M. Turtle

15th Annual Pennsylvania Law Enforcement Accreditation Training Conference

PA CHIEFS OF POLICE ASSOCIATION

Registration is available for the 15th Annual Pennsylvania Law Enforcement Accreditation Training Conference.

The Conference will be held from March 25 to 27, 2019 at the Sheraton Harrisburg Hershey, 4650 Lindle Road, Harrisburg, PA. To register, go to www.pachiefs.org.

REMEMBERING Dennis McMasters, Retired York City Captain, former Chief of Cumberland Valley Regional & Retired Chief of East Pennsboro Police

8

Active Members Joseph Hagan Haverford Township Deputy Chief of Police Jason Harris Newtown Township Lieutenant, Interim Chief Mark Kelly Curwensville Borough Chief of Police Timothy Westwood Township of Robinson Chief of Police Jonathan Wharton Township of Upper St. Clair Chief of Police

July 2019 Police Physical Fitness Coordinator Class

WINTER 2019 BULLETIN

Welcome New Members

It’s time

Full certification and recertification are available.

This 40-hour course consists of lecture and hands on training geared With pricing options target toward police department fitness coordinators size departments in PA, the and MPOETC fitness CODY R instructors. Some topics of discussion are legal Same fully-featured, reliable, ‘anywhere’ issues surrounding police fitness programs and PA-based technical support. Same agile testing, safely developing incumbent programs for police departments your d using ACSM guidelines, MPOETC testing and training, strength and endurance training and testing methods, body composition and “CODY’s user-friendly fea basic nutrition training. Successful candidates will be certified by the reputation in PA as a stab Pennsylvania Chiefs of Police Association as Police fitness coordinators.

customer support made p

Location: Allentown Police Academy brainer.” – Chief Brian W Full Certification Dates: July 8-12, 2019 / 8 a.m.-4 p.m.

Re-Certification: Wednesday, July 10, 2019 / 8 a.m.-4 p.m.

Join the CODY family

For more information and to register, visit: www.pachiefs.org Registration closes June 7, 2019.

Visit us at the PA Chiefs PCPA 2018 Conference Ju

Tel: 610.326.7476

AN AWARD-WINNING DESIGN FIRM

9

Fax: 610.9

LEGAL UPDATE FOR LAW ENFORCEMENT

Legal Update for Law Enforcement STUMP THE CHUMP

Presented by the Public Entity and Civil Rights Practice Group

Good Afternoon, Chris and Allison, Thank you for all that you do in the weekly updates and case law that you send out! I think that you guys have addressed this one before, but I couldn’t find the update that was sent out to reference it for this case. I’m sorry for asking the question again, but I want to make sure that I’m giving my officers the correct information.

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.

In short, here is the situation:

PA CHIEFS OF POLICE ASSOCIATION

Our officers respond to a request for assistance from a female in a convenience store parking lot. The complainant lives in an apartment building, in the apartment above a man and woman with whom we are very familiar. The male and female are both known to have substance abuse and mental health issues, and the male had just recently been transported for a mental health evaluation for an incident that happened on the front steps of the police station.

The complainant says that earlier in the evening, approximately one hour before she stopped our officers, she had heard a disturbance through the floor of her apartment coming from the apartment downstairs. The complainant said that she had used her own camera, pointed it at the floor, and had video/audio recorded the disturbance in order to use it at the upcoming eviction hearing for the downstairs neighbors. The complainant showed the video to our officers, and they heard the two known persons screaming at each other in an obvious domestic-type argument.

Complainant says that this follows a pattern of loud music and disturbance

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

problems (many of which are documented by our officers), and that the property manager is in the process of evicting the male and female.

After conducting a second interview with the victim four days after the initial call for service, during which the officers heard the last three recordings, the officers felt that there needed to be charges in this case, and feel it appropriate to file charges for 18:5503(a)(2) – Disorderly Conduct (M3) on both the male and the female.

It is my understanding – and I may be wrong – that we cannot charge people with DC when they are in their own houses. My thought that the only violation that we had, based upon the time and circumstances, was an ordinance violation for the excessive

10

noise after hours. I tried to research the case law, but I didn’t find very much that was on point with this particular case. I looked specifically at Com. v. Weiss, 490 A. 2d 853 - Pa: Supreme Court 1985. In that case, the wife of a male who was arrested by the police was screaming obscenities at the arresting officer(s) from inside of her own trailer home.

The only listed persons who were able to hear the said screaming were the officers and the neighbor (who had originally called the police for the original incident). In this case, the PA Supreme Court ruled that the conduct did not raise to the level of disorderly conduct, specifically saying, “At all relevant times, appellant was inside her home in the vicinity of the doorway through which Officer Finkle had entered. We find no

LEGAL UPDATE FOR LAW ENFORCEMENT

Do you know of any cases that would contradict what I’m reading in Weiss, or that I am forgetting about? Or, am I misunderstanding the applicability of the law to this particular case?

Thank you for your help, Elvis Costello Elvis: You and I are definitely on the same page. While we could come up with "What-If" hypotheticals until the cows come home, I think a pretty simple rule to follow is "Don't charge people with disorderly conduct for being nitwits in their own homes." Not sure I will be quoted for that one along with the legal greats of our time, but it works.

To me it comes down to the definition of “public” which is also found in the statute: ( c) Definition. — As used in this section the word “public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

18 Pa.C.S. § 5503(c) Since their home is not a place to which substantial numbers of people have access, I would say they can’t commit disorderly conduct there. While the definition includes “apartment houses”, I believe the key there is that it is a residence with “substantial” numbers of residents (not a duplex) such that large numbers could be inconvenienced or alarmed by the behavior.

Chris "The Chump" Boyle

The Fourth Amendment protects against unreasonable searches. In order for the acquisition of CSLI to be a "search" under the Fourth Amendment, an individual must have a reasonable expectation of privacy in his CSLI. In order for a search to be "reasonable," it generally must be conducted pursuant to a search warrant supported by probable cause, unless an exception to the warrant requirement applies.

CASE OF THE WEEK COMMENT - There is a legitimate expectation of privacy in cell site location information. Did you know that? I am going to say I did, but only because you can't prove I didn't have to double-check before writing this.

The United States Supreme Court has said it in Carpenter, and now the Third Circuit has driven the point home in Goldstein. Please remember that Pennsylvania law doesn't recognize a good faith exception to the warrant requirement to begin with, so if this case were under state rather than federal law, we would be up the creek without a paddle. (Down here, we pronounce that word "Crick") Want CSLI? Get a warrant!

CB United States v. Goldstein, 2019 U.S. App. LEXIS 1939 (3rd Circuit, January 22, 2019)

I. We granted Appellant Jay Goldstein's petition for rehearing to address the effect of the Supreme Court's recent decision in Carpenter v. United States on our prior panel decision, United States v. Stimler. In Stimler, we held that the District Court properly denied Goldstein's motion to suppress his cell site location information (CSLI) because Goldstein had no reasonable expectation of privacy in his CSLI, and, therefore, the government did not need probable cause to collect this data. Carpenter sets forth a new rule that defendants do in fact have a privacy interest in their CSLI, and the government must generally obtain a

11

search warrant supported by probable cause to obtain this information.

However, we still affirm the District Court's decision under the good faith exception to the exclusionary rule because the government had an objectively reasonable good faith belief that its conduct was legal when it acquired Goldstein's CSLI.

II. We recited a comprehensive factual background in our previous decision.

The facts relevant to this decision follow. Goldstein was arrested for his involvement in a kidnapping scheme. Hoping to find evidence placing Goldstein at the scene of the kidnapping, the prosecutors obtained a court order under the Stored Communications Act (SCA)— specifically 18 U.S.C. § 2703(d)— compelling Goldstein's cell phone carrier to turn over 57 days' worth of his CSLI. CSLI is a type of metadata that is generated every time a user's cell phone connects to the nearest antenna. The user's cell phone service provider retains a time-stamped record identifying the particular antenna to which the phone connected. Because most people constantly carry and frequently use their cell phones, CSLI can provide a detailed log of an individual's movements over a period of time.

The legal question in this case centers on whether Section 2703(d), the statutory provision under which the government obtained Goldstein's CSLI, complies with the Fourth Amendment.

CONTINUED ON PAGE 12

WINTER 2019 BULLETIN

conscious disregard of a substantial and unjustifiable risk that public annoyance or alarm would result from her conduct, or a gross deviation from the standard of conduct that a reasonable person would observe in her situation” (Comm. v. Weiss).

LEGAL UPDATE FOR LAW ENFORCEMENT

The Fourth Amendment protects against unreasonable searches. In order for the acquisition of CSLI to be a "search" under the Fourth Amendment, an individual must have a reasonable expectation of privacy in his CSLI. In order for a search to be "reasonable," it generally must be conducted pursuant to a search warrant supported by probable cause, unless an exception to the warrant requirement applies.

Consequently, if there is no reasonable expectation of privacy as to CSLI, then its acquisition does not require a search warrant; if there is, then a warrant is generally required. Section 2703(d) does not require a showing of probable cause to obtain CSLI. Rather, it calls for a more lenient standard, requiring "specific and articulable facts showing that there are reasonable grounds to believe" that the CSLI is relevant and material.

PA CHIEFS OF POLICE ASSOCIATION

Before trial, Goldstein moved to suppress the CSLI, arguing that this provision violates the Fourth Amendment because it authorizes disclosure of CSLI without a warrant supported by probable cause. The District Court rejected this argument and denied the motion. Through the testimony of an FBI agent, the government introduced the CSLI at trial, which placed him in the vicinity of the kidnapping site. Goldstein was

convicted and sentenced to 96 months in prison.

In our previous decision, we affirmed the District Court's denial of Goldstein's motion to suppress, holding that Section 2703(d) complied with the Fourth Amendment because cell phone users have no reasonable expectation of privacy in their CSLI. We relied on our decision in In re Application of the United States for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government (In re Application), which also found no reasonable expectation of privacy in CSLI, and we reasoned that there were no intervening changes in law undermining In re Application.

Goldstein petitioned for rehearing, and we held the petition curia advisari vult pending the Supreme Court's decision in Carpenter, which was set to address essentially the same question we answered in Stimler: whether obtaining CSLI without a warrant supported by probable cause under Section 2703(d) violates the Fourth Amendment's protection against unreasonable searches. The Supreme Court decided Carpenter, and we granted Goldstein's petition for panel rehearing. Carpenter came to the opposite conclusion that we came to in In re Application and Stimler and held that "an individual maintains a legitimate expectation of

The good faith exception applies to the government's search in this case because the government acted upon an objectively reasonable, good faith belief that obtaining Goldstein's CSLI under Section 2703(d) was legal. At the time the search was executed, it was authorized under Section 2703(d). The government complied with all requirements of Section 2703(d) and obtained a valid judicial order to collect Goldstein's CSLI. Moreover, the government had no reason to question the constitutionality of obtaining CSLI through Section 2703(d) because that question had been answered by this Court in In re Application—which was binding appellate precedent.

12

privacy in the record of his physical movements as captured though CSLI" and that the government's collection of CSLI requires a showing of probable cause under the Fourth Amendment.

Consequently, Section 2703(d) may not be used to access CSLI because it requires less than probable cause.

Applying Carpenter to Goldstein's case, we find that the government did violate Goldstein's Fourth Amendment rights when it acquired his CSLI under Section 2703(d) of the SCA. However, we will still affirm the District Court's admission of Goldstein's CSLI because the government was acting under an objectively reasonable good faith belief that obtaining CSLI under Section 2703(d) was constitutional at the time.

III. It is clear that under Carpenter, acquiring Goldstein's CSLI was an unconstitutional search under the Fourth Amendment because the government did not obtain a warrant supported by probable cause. However, evidence obtained in violation of a defendant's Fourth Amendment rights is not automatically suppressed.

Evidence will be suppressed under the exclusionary rule when suppression would further the exclusionary rule's primary objective: to deter Fourth Amendment violations. One instance [*6] where suppressing evidence will not encourage deterrence is where the government acted "upon an objectively reasonable good faith belief in the legality of [its] conduct" when conducting a search. Indeed, "applying the exclusionary rule would not 'yield appreciable deterrence'" when government actors have a reasonable belief that their conduct conforms with the law. This is known as the good faith exception, and where it applies, the illegally-obtained evidence will not be suppressed under the exclusionary rule.

The Supreme Court has applied this exception across a number of cases where suppressing evidence would not have any deterrent value—three

LEGAL UPDATE FOR LAW ENFORCEMENT

of which are relevant here. In Illinois v. Krull, the Court held that the good faith exception applies when a search is executed pursuant to a statute that was valid at the time of the search but later declared unconstitutional. Except in instances where a statute is obviously unconstitutional, suppressing evidence obtained by a law enforcement officer "acting in objectively reasonable reliance on a statute would have . . . little deterrent effect on the [government's] actions." Under Davis v. United States, this exception also applies when [*7] a search is conducted based upon reasonable reliance on thenbinding appellate precedent because exclusion in this context would not deter improper government conduct.

And under United States v. Leon, the exclusionary rule will not apply when law enforcement conducts a search pursuant to a judicial order later found invalid.

The good faith exception applies to the government's search in this case because the government acted upon an objectively reasonable, good faith belief that obtaining Goldstein's CSLI under Section 2703(d) was legal. At the time the search was executed, it was authorized under Section 2703(d).

The government complied with all requirements of Section 2703(d) and obtained a valid judicial order to collect Goldstein's CSLI. Moreover, the government had no reason to question the constitutionality of obtaining CSLI through Section 2703(d) because that question had been answered by this Court in In re Application—which

was binding appellate precedent.

Thus, because the government relied on a properly-obtained valid judicial order, a then-valid statute, and thenbinding appellate authority, it had an objectively reasonable, good faith belief that its conduct was legal.

Indeed, the conduct was legal at the time. Excluding evidence [*8] obtained through methods that complied with the law at the time of the search cannot serve any deterrent purpose.

Under Krull, Davis, and Leon, the good faith exception applies, and the District Court's denial of the motion to suppress is affirmed. Our holding puts us in good company, as many of our sister circuits have also found that the good faith exception applies when the government obtained CLSI data without a warrant prior to Carpenter.

Goldstein contends that the good faith exception does not apply because the government's reliance on Section 2703(d) was unreasonable for two reasons, both of which fail.

First, he argues that, at the time of the search, the Eleventh Circuit had held that collecting CSLI without a warrant supported by probable cause violated the Fourth Amendment. But, under Davis, only binding appellate precedent is relevant to the good faith exception, and In re Application was binding in this Circuit at the time.

Second, he contends the government could not have reasonably relied on In re Application because it had been undermined by two subsequent Supreme Court cases—United States v. Jones and Riley v. California. As

13

discussed [*9] in Stimler, neither case undercuts In re Application because neither addresses the longterm collection of metadata from cell phones. Jones addressed long-term collection of GPS location data from a car—not a cell phone. Riley involved the contents of a cell phone, not the metadata transmitted from a cell phone to a third party. Indeed, Carpenter itself recognizes that the collection of CSLI does "not fit neatly under existing precedents." The government could not have predicted the outcome of Carpenter and the overruling of In re Application from two Supreme Court cases that the Supreme Court itself said are not directly applicable.

Goldstein also argues that the good faith exception applies only to police officers and other investigators, not the government attorneys who obtained the Section 2703(d) order here. Goldstein cites nothing in support of his proposed limitation on the good faith exception, and we see no reason to limit its applicability in this case. The relevant inquiry here is not who the state actor is, but rather, whether the state actor had a reasonable, good faith belief that his actions were legal.

The prosecutors relied on a then-valid statute whose constitutionality [*10] had been confirmed by this Circuit. The good faith exception applies. [Chump's Note: Not in Pennsylvania it doesn't]

IV. For the foregoing reasons, we affirm the District Court's denial of Goldstein's motion to suppress.

WINTER 2019 BULLETIN

Goldstein also argues that the good faith exception applies only to police officers and other investigators, not the government attorneys who obtained the Section 2703(d) order here.

Goldstein cites nothing in support of his proposed limitation on the good faith exception, and we see no reason to limit its applicability in this case. The relevant inquiry here is not who the state actor is, but rather, whether the state actor had a reasonable, good faith belief that his actions were legal. The prosecutors relied on a then-valid statute whose constitutionality [*10] had been confirmed by this Circuit. The good faith exception applies. [Chump's Note: Not in Pennsylvania it doesn't]

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

Register for the conference online at www.pachiefs.org

WINTER 2019 BULLETIN

About Kalahari One World Trip

Rooms

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.

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.

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.

15

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.”

PA CHIEFS OF POLICE ASSOCIATION

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.

" CALL IT A DREAM IF THAT'S WHAT MAKES YOU FEEL BETTER" - ROBERT HUNTER 16

UPDATES TO THE SEXUAL ASSAULT TESTING AND EVIDENCE COLLECTION ACT

Updates to The Sexual Assault Testing And Evidence Collection Act Submitted by: Deborah A. Calhoun, Director, Scientific Services Division, Bureau of Forensic Services, Pennsylvania State Police

On October 24, 2018, Governor Tom Wolf signed Act 164, an amendment to the Sexual Assault Testing and Evidence Collection Act (SATEC), 35 P.S. §§ 10172.1 – 10172.6. The amendment contained several changes to the existing version of the SATEC, as well as the creation of new biannual reporting requirements relating to sexual assault evidence. This falls on the heels of Act 27 of 2015, which originally imposed an annual reporting requirement on law enforcement agencies. This article seeks to help clear the confusion surrounding the current statute requirements and answer frequently asked questions.

PA CHIEFS OF POLICE ASSOCIATION

The highlights of the statute include:

• Timeframes for – taking custody of rape kits from hospitals (within 72 hours)

– storing kits (up to 2 years) – submitting rape kits to the crime lab (within 15 days of consent)

– testing of kits by the lab (within 6 months)

• A hotline for hospitals to call if kits are not picked up by law enforcement • Criteria for kits • Criteria for biannual reporting • Notification rights of victims

Timeframes. Law enforcement must collect rape kits within 72 hours of being notified by hospitals. Kits must be collected even if: 1) the victim has not consented to having the kit tested, 2) the victim is not cooperating with law enforcement, or 3) the victim wants to remain anonymous. In these three situations, the kits must be

Law enforcement must collect rape kits within 72 hours of being notified by hospitals. Kits must be collected even if: 1) the victim has not consented to having the kit tested, 2) the victim is not cooperating with law enforcement, or 3) the victim wants to remain anonymous. In these three situations, the kits must be stored for no less than two years or until the victim has consented to testing. stored for no less than two years or until the victim has consented to testing. Guidelines for proper storage are provided in the Storage and Preservation Policy for Sexual Assault Evidence, which was developed in consultation with the PA State Police, the PA Chiefs of Police, and the PA District Attorneys Association. The policy is available in the December 17, 2016 issue of PA Bulletin [46 Pa.B 7927].

Once the victim has consented to testing, the law enforcement agency has 15 days to submit kits awaiting testing to an approved lab. The three approved labs within Pennsylvania are: the PA State Police Bureau of Forensic Services, the Allegheny County Office of the Medical Examiner, and the Philadelphia Police Department Office of Forensic Science. Once the kit is submitted, labs must test it within six months.

18

UPDATES TO THE SEXUAL ASSAULT TESTING AND EVIDENCE COLLECTION ACT WINTER 2019 BULLETIN

Written consent from the victim is required to test the evidence. There is a consent form included in the paperwork with the Commonwealth-approved rape kit used by health care professionals to collect evidence from the victim. If the written consent is not obtained at the time the kit was collected by the hospital, there is a consent form available at https://www.health.pa.gov/ topics/programs/violence-prevention/Pages/SexualAssault-Evidence-Collection.aspx. Many jurisdictions have developed their own form. All such options are acceptable.

Hotline. The statute directs hospitals to contact the PA Department of Health through a designated telephone number in the event the kits are not retrieved within 72 hours.

Criteria for Kits. The statute defines the criteria for kits “awaiting testing.” This is critical to determining if a kit must be counted as part of the biannual reporting requirements and if the kit should be submitted to a crime lab. Only kits meeting all the criteria of “awaiting testing” should be submitted to a crime lab.

19

Kits where the victim has consented to testing and where all of the following criteria have been met can be submitted to a lab:

• Has been collected and is in law enforcement’s custody • Has not received DNA analysis • Is related to a criminal case where “final disposition” has not been reached • Should undergo DNA or other appropriate forensic analysis as determined by law enforcement

Final disposition can mean any of these:

• Conviction or acquittal of all suspects • Determination by law enforcement that the case is unfounded • Declaration from victim that the act constituting the basis of the crime did not occur

Note that “awaiting testing” does not depend on the statute of limitations. There is a one-year window that re-opens the case if DNA has been used to identify a previously unknown suspect [Source: 43Pa.C.S. CONTINUED ON PAGE 20

UPDATES TO THE SEXUAL ASSAULT TESTING AND EVIDENCE COLLECTION ACT

§5552(c.1)]. Cases past the statute of limitations can still be tested.

Criteria for Biannual Reporting Reporting of sexual assault evidence data is now required biannually. The PA State Police (PSP) Bureau of Forensic Services is responsible for collecting the required data for the SATEC. For the last two years, PSP has utilized the online tool SurveyMonkey as a relatively easy means of collecting information from law enforcement. A letter is mailed to all law enforcement agencies and campus police in late November as a reminder of mandatory reporting requirements regarding sexual assault evidence. This is followed by an email sent in mid-December to confirm the contact list of recipients is up-to-date and correct. The link to the survey is sent via email in early January and again in July.

The information required for the current survey is as follows:

• Name, address and ORI of the law enforcement agency (LEA) • [NEW] Number of sexual assault kits awaiting testing in the LEA possession as of December 31, 2018 (These kits should be submitted for testing.)

• Number of backlogged sexual assault kits awaiting testing in the LEA possession as of December 31, 2018 (These kits should be submitted for testing but have been in LEA possession for more than 12 months.)

• [NEW] Rate of submission of sexual assault evidence in compliance with the SATEC (e.g. if the LEA submits all such evidence in compliance, the rate is 100%; if the LEA submits half of all such evidence in compliance, the rate is 50%)

PA CHIEFS OF POLICE ASSOCIATION

Optional information is requested in the survey. These additional questions are included to help account for rape kits in LEA possession, but not awaiting testing, such as:

• Number of kits where the victim’s identity is known but has not consented to testing.

• Number of kits where the victim’s identity is not known (anonymous reporter/Jane Doe kit).

• Number of kits where the jurisdiction of the assault is not known.

All local law enforcement agencies and campus police must report sexual assault evidence data no later than January 31 and again by July 31. Reporting is mandatory even if there are zero (0) kits to report.

Survey results will be compiled by the Pennsylvania State Police and provided to the Pennsylvania Department of Health. The list of responding agencies is posted on the Department of Health public website and provided to the General Assembly each year by April 30.

Notification Rights of Victims The SATEC provides victims the right to a disclosure of information regarding the submission of evidence to the lab and the status of evidence analysis. A victim may request to be notified when the evidence is submitted to the lab, when the DNA is searched against CODIS (the Combined DNA Index System), and when a DNA match occurs. Most disclosure requirements allow for withholding details that may jeopardize the investigation. In those instances, an estimated date of when the information will be disclosed must be given.

The victim is responsible for providing their current address and phone number to the LEA and District Attorney’s office. Several individuals can act on the victim’s behalf, including the victim’s guardian, an advocate designated by the victim or guardian or an agency designated by the victim or guardian. A close relative of a deceased victim has the same rights as the victim and may also use an advocate.

FREQUENTLY ASKED QUESTIONS Q – Does the SATEC statute mandate every rape kit collected be submitted to the lab?

A – No. Kits should not be submitted when:

• The victim has not consented to the testing of the kit • The case is unfounded • Law enforcement has determined the kit does not warrant testing.

Q – Will the lab accept kits where the suspect is admitting to the sexual contact and claiming it was consensual?

A – Yes. There is evidence to suggest that many serial cases can be associated to each other and investigations can be aided by testing kits from cases where the suspect is making such claims.

Q – What if a victim who previously gave consent for testing changes their mind and no longer wants the kit tested?

A – If testing has not already commenced, it should not be done. If the consent to test is withdrawn while the kit is still in LEA’s possession, do not sub-

20

UPDATES TO THE SEXUAL ASSAULT TESTING AND EVIDENCE COLLECTION ACT

mit the kit to the lab. If the kit is already at the lab, contact the lab and request no testing be done. If testing has not been started, the lab should be able to honor the request.

A – Once an LEA completes the biannual online survey via SurveyMonkey, a confirmation notice will appear. Directions are provided to print the confirmation notice. In addition, a confirmation email will be sent to the email address who originally received the survey. Please note, if the original email recipient forwards the survey to another member of their agency to complete, the confirmation email will be sent to the original recipient, not the individual who completed the survey.

Q – How should LEA handle kits where the victim wishes to stay anonymous?

Q – How does an LEA obtain proof they completed the required reporting for past years?

A – Anonymous (aka Jane Doe) kits should be marked and tracked in a manner that maintains the chain of custody. Local jurisdictions may have policies in place to address the handling of such kits.

A – You have two options. One is to go to the PA Department of Health website at https://www.health. pa.gov/topics/Labs/Pages/Laboratory-Improvement.aspx. The reports on this site list the names of all reporting LEA for 2016, 2017, and 2018. The second option is to email RA-SPFORENSICSERVICE@pa.gov to request confirmation for either 2017 or 2018. Note that this option does not have information for 2016.

Q – Should kits collected during an autopsy in a homicide investigation be reported as kits awaiting testing?

A – No. These kits are not covered by this statute. Even if a sexual assault occurred in conjunction with the homicide, evidence collected in a homicide investigation is subject to different statutes, policies and retention schedules.

Q – When can a kit be destroyed?

A – Neither the SATEC statute nor the Storage and Preservation Policy for Sexual Assault Evidence addresses kit destruction. Please consult with your solicitor or District Attorney on this matter.

KEY DEFINITIONS: Local Law Enforcement Agency - A police department of a city, borough, incorporated town or township, a regional police department, the Pennsylvania State Police, or campus police.

Backlogged Evidence - Sexual assault evidence that is "awaiting testing" for 12 months or more.

Sexual Assault Evidence – Refers to the rape kit evidence collected by the hospital

Q – Must LEA complete the biannual surveys if they have zero (0) kits to report?

Awaiting Testing - Evidence that meets all of the following:

A – Yes. All local law enforcement, including the PA State Police, and campus police must report even if they have no kits in their possession.

Q – What happens if an LEA fails to report, or does not report in time?

A – In accordance with a Memorandum of Understanding, the PA State Police will provide the PA Department of Health with a list of agencies who failed to report. That information may be published on the PA Department of Health’s public website and provided in a report due each April 30 to the State Legislature.

Q – For accreditation purposes, how does an LEA obtain proof that they completed the required reporting in compliance with the SATEC statute?

21

1) Has been collected and is in the possession of a local law enforcement agency 2) Has not received DNA and other appropriate forensic analysis 3) Is related to a criminal case or investigation that has not reached final disposition 4) Should undergo DNA or other forensic analysis as determined by a local law enforcement agency

Final Disposition – Includes any of the following:

1) The conviction or acquittal of all suspects 2) The determination by law enforcement that the case is unfounded 3) A declaration from the victim that the act constituting the basis of the crime did not occur

WINTER 2019 BULLETIN

The victim is responsible for providing their current address and phone number to the LEA and District Attorney’s office.

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 has been working with several hundred police departments on purchasing and deploying body worn cameras. PCCD was awarded over a million dollars in federal grant funds to assist the procurement of police worn body cameras. However, Pennsylvania has specific laws and regulations on the use of non-vehicle-mounted mobile video recording systems, and the federal grant has more requirements.

Therefore, PCPA, on behalf of Pennsylvania’s police departments, has 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 will compile this information and make it available to help chiefs make technology and budget decisions based on our analysis of the information. The information should be available by early February.

PCCD’s body cam grant also has policy development requirements and several accredited departments were deliberately selected to participate in the grant. The grant is a two year project, and we anticipate continuing to assist PCCD and the participating departments.

PAVTN On January 1, 2019, the new 2019 MPOETC courses became 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

22

On January 1, 2019, the new 2019 MPOETC courses became 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).

• Protection of Victims of Sexual Violence or Intimidation Act (CLE00699) 1 credit hour • 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

TECHNOLOGY UPDATE

• 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 who may have completed other CLEE courses and received more than three credits but are still short the required nine credits, we have four 1-credit courses: Investigating 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 instead of a three-credit single course.

Mobile Fingerprint Identification Devices

The Mobile Fingerprint Identification grant is now done. However, the 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 the

The inside of a Mobile Fingerprint Identification Device is a smartphone. In the next year, you will see a new generation of smartphones to match the next generation of wireless service 5G. These next-gen phones will most likely have as much computer power as your current mobile computers.

PCPA web site: http://www.pachiefs. org/mobile-fingerprint-id.

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 identities. However, the devices are not something that may be 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.

Montgomery Township Police Department experienced just how useful the device is in a case on October 5, 2018 when they made a car stop and the occupants provided obvious false identification. They then used their mobile fingerprint id device and found their real identities. Jilani Bakham was wanted for homicide in Georgia and had been on the run for two years. Chief Scott Bendig told the media that mobile fingerprint id is a very useful law enforcement tool.

However, we are looking at the device very futuristically.

The inside of a Mobile Fingerprint Identification Device is a smartphone.

In the next year, you will see a new generation of smartphones to match the next generation of wireless service 5G. These next-gen phones will most likely have as much computer power as your current mobile computers. So, we are working with our vendors to see if we can have the next generation mobile fingerprint

23

device be your vehicle computer, a cell phone, still and video camera, and a fingerprint id device. Now we will have packed a great amount of value into the device; think how useful this would be every day.

Arrest Fingerprint Compliance The Mobile ID device is dependent on police departments taking and submitting arrest fingerprints. In 2016, police charged 238,217 persons with crimes requiring fingerprints. However, only 209,049 cases had fingerprints submitted.

29,168 criminal cases had no arrest data, fingerprints nor mugshots submitted to the central repository. Even worse is the fact that 6,374 of those missing cases were felonies.

These statistics are available on PCCD’s Criminal Justice Advisory Boards Data Dashboards (https:// pacjabdash.net/Home/tabid/1853/ Default.aspx). Every police department in the Commonwealth can see if they are meeting their obligation for mandatory fingerprinting under PA Title 18 Chapter 9112.

WINTER 2019 BULLETIN

• Investigating Strangulation (2018) (CLE00779) 1 credit hour

LEGISLATIVE REPORT

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.

2424

LEGISLATIVE REPORT

HB 36

Sankey, Thomas

Amends Sexual Assault Testing Evidence Act

PLS Summary: (PN 50) Amends the Sexual Assault Testing and Evidence Collection Act, establishing a restricted account within the State Treasury, from which contributions shall be disbursed by the State Police as grants to labs designated to assist local law enforcement agencies with rape kit testing costs. Provides for means of accepting funds. Effective in 60 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Judiciary

HB 50

Wheatley, Jake

Amends Medical Marijuana Act re legalization

PLS Summary: (PN 366) Amends the Medical Marijuana Act further providing for title of act; providing for general provisions for act; in preliminary provisions, 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.

Effective in 60 days.

Note: A news article on PennLive.com says “Wheatley’s plan would legalize the recreational use of marijuana, and treat it much like alcohol.”

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 for local police -restrictions

PLS Summary: (PN 78) Amends Titles 44 (Law and Justice) and 75 (Vehicles), establishing a six-year pilot program for accredited municipal and regional police to use radar as a speed timing device. Effective in 120 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Transportation

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, providing for 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 127

Miller, Daniel

Amends Title 75 re digitized drivers' licenses

PLS Summary: (PN 121) Amends Title 75 (Vehicles), in licensing of drivers, providing for digitized driver's licenses.

The bill establishes that a digitized driver's license shall serve the same purpose and have the same effect as any other driver's license. A digitized driver's license shall supplement and not replace a physical version of a driver's license. Effective in 60 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Transportation

(PN 366) Amends the Medical Marijuana Act further providing for title of act; providing for general provisions for act; in preliminary provisions, 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.

CONTINUED ON PAGE 26

25

WINTER 2019 BULLETIN

Legislative Report – Bills to Watch at the Start of the Regular Session 2019-2020

LEGISLATIVE REPORT

HB 162

Zabel, Michael

Amends Title 18 re limit on handgun purchases

PLS Summary: (PN 136) Amends Title 18 (Crimes & Offenses) providing for a limit on handgun purchases; and establishing the Violence Prevention Account. The bill establishes that no person may purchase more than one handgun in this commonwealth within any 30-day period and no person may sell or cause to be sold to a person in this commonwealth more than one handgun within any 30-day period. 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, further providing for 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, providing for 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 214

Cruz, Angel

Amends Title 75 re vehicle code fines

PLS Summary: (PN 184) Amends Title 75 (Vehicles), in penalties and disposition of fines, further providing for inability to pay fine and costs by adding court-ordered community service may be imposed in lieu of payment of up to 50 percent of the fine and costs originally imposed. The court shall fix the duration, time, and manner of the performance of community service. Effective in 60 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Transportation

HB 216

Cruz, Angel

Amends Title 75 re impoundment of vehicles

PA CHIEFS OF POLICE ASSOCIATION

PLS Summary: (PN 186) Amends Title 75 (Vehicles), in driving after imbibing alcohol or utilizing drugs, providing for 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 217

Cruz, Angel

Amends Title 75 re smoking in vehicles

PLS Summary: (PN 187) Amends Title 75 (Vehicles) prohibiting persons from smoking in motor vehicles occupied by child under 18 years of age; and prescribing a penalty. An operator of a motor vehicle who violates this commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $25. A conviction shall occur only as a secondary action when the operator of a motor vehicle has been convicted of violating any other provisions of this title. Effective in 60 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Transportation

26

LEGISLATIVE REPORT

HB 218

Cruz, Angel

Amends Title 75 re data extraction devices

PLS Summary: (PN 188) Amends Title 75 (Vehicles), in enforcement, further providing for 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

HB 220

Cruz, Angel

Amends Title 75 re undocumented residents

PLS Summary: (PN 190) Amends Title 75 (Vehicles) establishes that a person who has resided in this commonwealth for 90 days or more may apply for an undocumented resident driver's license or learner's permit if the person is ineligible to obtain a Social Security number and unable to present documentation issued by the Federal Government authorizing the person's lawful presence in the United States. Effective in 60 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Transportation

HB 234

Grove, Seth

Amends Title 18 re duty to rescue

PLS Summary: (PN 204) Amends Title 18 (Crimes & Offenses), in other offenses, providing for the offense of duty to assist. The bill establishes that to the extent that a person can do so without danger to themselves or others, a person commits a summary offense if that person knowingly fails to give reasonable assistance to another person exposed to or suffering from serious bodily injury at the scene of an emergency. Effective in 60 days.

Last Action:

1-28-19 H Introduced and referred to committee on House Judiciary

HB 242

Pickett, Tina

Amends Title 75 re hit and run

PLS Summary: (PN 212) Amends Title 75 (Vehicles), in miscellaneous provisions, further providing for accidents involving death or personal injury. 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:

1-28-19 H Introduced and referred to committee on House Transportation CONTINUED ON PAGE 28

27

WINTER 2019 BULLETIN

(PN 174) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, providing for 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.

LEGISLATIVE REPORT

HB 250

Gabler, Matt

Act re public employee bargaining transparency

PLS Summary: (PN 225) The Public Employment Collective Bargaining Act provides for transparency in public employment collective bargaining. Effective in 60 days.

Last Action:

1-29-19 H Introduced and referred to committee on House Labor and Industry

HB 279

Boback, Karen

Amends Title 42 re hot car immunity

PLS Summary: (PN 247) Amends Title 42 (Judiciary and Judicial Procedure), 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

HB 283

Simmons, Justin

Amends Right-to-Know Law re commercial fee

PLS Summary: (PN 256) Amends the Right-to-Know Law, in preliminary provisions, defining "commercial purpose"; providing for fee limitations. A written request for the duplication of a record shall include a statement indicating whether or not the requester intends to use the record for a commercial purpose. In responding to a request for records that will be used for a commercial purpose, an agency may charge a requester additional standard fees for the search, review and duplication of the records. The fees for records to be used for a commercial purpose must be reasonable, must be approved by the Office of Open Records and may not be established with the intent or effect of excluding persons from access to records or duplicates thereof or of creating profit for the agency.

Effective in 60 days.

Last Action:

1-30-19 H Introduced and referred to committee on House State Government

HB 307

Gainey, Ed

Amends Title 18 re assault weapons ban

PA CHIEFS OF POLICE ASSOCIATION

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, further providing for surcharge; providing for 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

28

LEGISLATIVE REPORT

Grove, Seth

Amends Title 53 re local labor mandates

PLS Summary: (PN 309) Amends Title 53 (Municipalities Generally) adding a new section prohibiting any municipality from regulating employer policies or practices or enforcing any mandate regarding employer policies or practices. This prohibition shall not apply to a mandate enacted by a municipality affecting an employee or class of employees of the municipality itself. Does not preempt any ordinances authorized by the Human Relations Act or the terms and conditions of a collective bargaining agreement. Exempts school districts from the definition of "municipality." Provides for effect, relief, reasonable expenses, and definitions. Effective immediately.

Last Action:

2-1-19 H Introduced and referred to committee on House Labor and Industry

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 further providing for 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, providing for application for warrant for use of cell site simulator devices and for issuance of warrant for use of cell site simulator devices and further providing for 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 344

Cruz, Angel

Amends Title 18 re firearm rental at ranges

PLS Summary: (PN 321)Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, requiring individuals who seek to rent a firearm at a shooting range undergo a yearly application process, including a background check. 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 for local police (less restrictive than HB74)

PLS Summary: (PN 328) Amends Titles 44 (Law and Justice) and 75 (Vehicles), in Title 44, adding a chapter providing for 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. Effective in 120 days.

Last Action:

2-4-19 H Introduced and referred to committee on House Transportation

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. 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

CONTINUED ON PAGE 30

29

WINTER 2019 BULLETIN

HB 331

LEGISLATIVE REPORT

HB 378

Isaacson, Mary

Amends Title 18 re possessing firearms

PLS Summary: (PN 350) Amends Title 18 (Crimes and Offenses) 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. Such a person may petition the court to review the sufficiency of the evidence upon which the order was based. Effective in 60 days.

Last Action:

2-5-19 H Introduced and referred to committee on House Judiciary

HB 380

Diamond, Russ

Amends Title 75 re driver forgiveness

PLS Summary: (PN 369) Amends Title 75 (Vehicles) exhibiting driver's license on demand; 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

HB 381

Diamond, Russ

Amends Title 75 re accident reports by police

PLS Summary: (PN 351) Amends Title 75 (Vehicles), in miscellaneous provisions relating to operation of vehicles, further providing for 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 451

Cruz, Angel

Amends Title 18 re cell phone use by fuel

PLS Summary: (PN 436) Amends Title 18 (Crimes and Offenses), in other offenses, establishing a summary offense for using a wireless communications device use while dispensing liquid fuels. The legislation provides for public notice, duties of the state fire commissioner, and definitions. Effective in 60 days.

Last Action:

2-11-19 H Introduced and referred to committee on House Judiciary

HB 452

Cruz, Angel

Amends Title 75 re holding animal & driving

PA CHIEFS OF POLICE ASSOCIATION

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 458

Cruz, Angel

Amends Title 75 re school bus video monitoring

PLS Summary: (PN 443) Amends Title 75 (Vehicles) adding language requiring every school bus to have a video monitoring system by July 1, 2021. The system shall include an internal camera positioned so that every seat is within the camera's field of vision and either an internal camera positioned outward so the road ahead is within the camera's field of vision or an external camera. Also requires the Department of Transportation to adopt regulations implementing this requirement. Effective immediately.

Last Action:

2-11-19 H Introduced and referred to committee on House Transportation

30

LEGISLATIVE REPORT

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 475

Hahn, Marcia

Amends the Controlled Substance Act

PLS Summary: (PN 463) Amends the Controlled Substance, Drug, Device and Cosmetic Act offering immunity for persons involved in caring for a person experiencing a drug overdose. Effective in 60 days.

Last Action:

2-12-19 H Introduced and referred to committee on House Judiciary

HB 480

Grove, Seth

Amends Titles 18 & 42 re confiscated firearms

PLS Summary: (PN 468) Amends Title 18 (Crimes & Offenses) & 42 (Judiciary), authorizing sheriff departments, at their discretion, to sell any confiscated firearm to a federally licensed firearm dealer or hold a public auction for the firearms. Effective in 60 days.

Last Action:

2-12-19 H Introduced and referred to committee on House Judiciary

HB 496

Davis, Tina

Amends Title 75 re digital vehicle registration 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 Employe Rel. Act re unions

PLS Summary: (PN 494) Amends the Public Employe Relations Act, in employee rights, providing for conditions of a collective bargaining agreement; and, in scope of bargaining, further providing for 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 employe 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 511

Schemel, Paul

Amends Second Class Township Code

PLS Summary: (PN 497) Amends the Second Class Township Code providing for intergovernmental cooperation by stipulating that the board of supervisors may make agreements with other municipal corporations in performing governmental powers, duties and functions and in carrying into effect provisions of Title 53 Chapter 23 Subchapter A (relating to intergovernmental cooperation), without requiring the formality of enacting an ordinance detailing the specifics of the agreement. Effective in 60 days.

Last Action:

2-12-19 H Introduced and referred to committee on House Local Government

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:

2-1-19 H Introduced and referred to committee on House Local Government CONTINUED ON PAGE 32

31

WINTER 2019 BULLETIN

HB 467

LEGISLATIVE REPORT

SB 8

Regan, Mike

Amends Title 18 re fentanyl trafficking

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 further providing for 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

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 furtherance of the measure. A trooper would be paid no less than $65 per hour under an agreement. Effective in 60 days.

Note: Governor Wolfs plan would charge municipalities with fewer than 2,000 residents to pay $8 per person and those with more than 20,000 residents $166 per person.

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

PA CHIEFS OF POLICE ASSOCIATION

PLS Summary: (PN 95) Amends Title 42 (Judiciary and Judicial Procedure) providing for 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 54

Williams, Antho

Act re Hit-and-Run Alerts

PLS Summary: (PN 27) The Jayanna Powell Hit-and-Run Direct Notification Act requires the Department of Transportation to develop and maintain a system that compiles information regarding vehicles that have fled the scene of a motor vehicle accident to notify motor vehicle repair facilities. In addition, after a hit-and-run accident resulting in bodily injury or death, the investigating law enforcement agency shall directly notify all motor vehicle facilities in the commonwealth via the system. Requires a motor vehicle repair facility to register with the department and for duty to report. Effective in 30 days.

Last Action:

1-11-19 S Introduced and referred to committee on Senate Transportation

32

LEGISLATIVE REPORT

Williams, Antho

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

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, further providing for newborn protection; in child protective services, further providing for definitions and for taking a child into protective custody; and, in newborn protection, further providing for 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 88

Hughes, Vincent

Amends Title 18 re universal background checks

PLS Summary: (PN 66) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, further providing for sale or transfer of firearms by allowing a purchaser or transferee who has submitted and received approval of an application/record of sale through the instantaneous background check system to use the unique approval number from the application/record of sale for later firearm purchases or transfers completed at the same lawful gun show with the same licensed importer, manufacturer, dealer or sheriff within 48 hours of the approval.

Also allows use of the receipt to acquire a firearm from the same licensee without an additional federal and state background check. Effective in 60 days.

Last Action:

1-24-19 S Introduced and referred to committee on Senate Judiciary

SB 98

Hutchinson, Sco

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, further providing for prohibited conduct during emergency; and, in commonwealth services, further providing for general authority of the governor. The bill repeals provisions restricting the carrying or purchasing of firearms during an emergency. Effective in 60 days.

Last Action: Prepared.

1-24-19 S Introduced and referred to committee on Senate Veterans Affairs & Emergency

SB 106

Martin, Scott

Amends Titles 18 & 42 re-evaluating juveniles

PLS Summary: (PN 78) Amends Titles 18 (Crimes & Offenses) and 42 (Judiciary), in assault, further providing for terroristic threats; and, in juvenile matters, further providing for detention of child and for investigation and report.

Establishes that a child who is charged with the crime of terroristic threats shall be placed in a secure detention facility. The child shall be detained and may not be released until completion of a mental health examination and a home risk assessment, which shall include a visit to the primary residence of the child. Effective in 60 days.

Last Action:

1-24-19 S Introduced and referred to committee on Senate Judiciary

(PN 71) Amends Titles 18 (Crimes and Offenses) and 35 (Health and Safety), in firearms and other dangerous articles, further providing for prohibited conduct during emergency; and, in commonwealth services, further providing for general authority of the governor.

CONTINUED ON PAGE 34

33

WINTER 2019 BULLETIN

SB 57

LEGISLATIVE REPORT

PN 108) Amends Title 75 (Vehicles) in general provisions, further providing for definitions; in licensing of drivers, further providing for examination of applicant for driver's license; and, in rules of the road in general, further providing for prohibiting text-based communications and providing for prohibiting use of interactive wireless communications device by novice drivers.

SB 131

Sabatina, John

Amends Title 75 re novice cell phone ban

PLS Summary: (PN 108) Amends Title 75 (Vehicles) in general provisions, further providing for definitions; in licensing of drivers, further providing for examination of applicant for driver's license; and, in rules of the road in general, further providing for prohibiting text-based communications and providing for prohibiting use of interactive wireless communications device by novice drivers. It 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:

1-31-19 S Introduced and referred to committee on Senate Transportation

SB 137

Santarsiero, St

Amends Title 18 re safe storage of firearm

PLS Summary: (PN 113) Amends Title 18 (Crimes and Offenses) in firearms and other dangerous articles, providing for safe storage of a firearm when residing with a person not to possess a firearm. The bill establishes that a person who owns a firearm and resides with a person who cannot legally possess a firearm shall secure the firearm: with a device that, if installed on a firearm and secured by means of a key or a mechanical, electronic or electromechanical combination lock, prevents the firearm from being discharged without first deactivating or removing the device; with a locking mechanism incorporated into the design of the firearm; or in a securely locked box or container or a location that a reasonable person would believe to be secure. Effective in 60 days.

Last Action:

1-31-19 S Introduced and referred to committee on Senate Judiciary

SB 195

Hughes, Vincent

Amends Title 18 re firearm safety training

PA CHIEFS OF POLICE ASSOCIATION

PLS Summary: (PN 151) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, further providing for 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

SB 196

Hughes, Vincent

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 further providing for 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

34

LEGISLATIVE REPORT

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 are 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 218

Hughes, Vincent

Amends Crime Victims Act re updates

PLS Summary: (PN 184) Amends the Crime Victims Act, in preliminary provisions, further providing for definitions; in crime victims, further providing for rights, for responsibilities of victims of crime under basic bill of rights, for responsibilities of state and local law enforcement agencies and for responsibilities of prosecutor's office; in administration, further providing for powers and duties of victim advocate, Office of Victims' Services; in compensation, further providing for persons eligible for compensation, for filing of claims for compensation, further providing for costs; and, in enforcement, further providing for subrogation. Effective in 60 days.

Last Action:

2- 5-19 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

SR 16

Hughes, Vincent Resolution

re Task Force on Law Enforcement

PLS Summary: (PN 146) Resolution establishing a task force on law enforcement practices and procedures used in response to large scale demonstrations, protests and other acts of civil disobedience.

Last Action:

2- 1-19 S Introduced and referred to committee on Senate Law and Justice

Copyright Š 2019. PA Legislative Services. All Rights Reserved.

(PN 184) Amends the Crime Victims Act, in preliminary provisions, further providing for definitions; in crime victims, further providing for rights, for responsibilities of victims of crime under basic bill of rights, for responsibilities of state and local law enforcement agencies and for responsibilities of prosecutor's office; in administration, further providing for powers and duties of victim advocate, Office of Victims' Services; in compensation, further providing for persons eligible for compensation, for filing of claims for compensation, further providing for costs; and, in enforcement, further

35

WINTER 2019 BULLETIN

SB 198

FIRSTNET PROVES TO BE VALUABLE DURING SUPER BOWL WEEK IN ATLANTA, GEORGIA

FirstNet Proves to Be Bowl Week in Atlanta, FirstNet service worked well for agencies helping to secure areas of Atlanta during the Super Bowl and throughout the week of events surrounding the championship game, according to a Georgia state official who participated in the effort.

PA CHIEFS OF POLICE ASSOCIATION

Warren Shepard, manager of the critical-infrastructure and key-resource unit for Georgia Emergency Management Agency/Homeland Security (GEMA) and the FirstNet coordinator for the state of Georgia, applauded the performance of the FirstNet system throughout the week, even in locations with heavy congestion.

“We were seeing speeds in and around Centennial Olympic Park— during high-traffic times at some of the events—in excess of 85 MB/s down [download speeds] and 26 MB/s up [upload speeds] on Thursday, and there were probably 5,000 to 8,000 people there,” Shepard said during an interview with IWCE’s Urgent Communications. “On game day, I was on Northside Drive that runs outside of the stadium, and we were getting 58 MB/s down and 26 MB/s up.”

Not only did the FirstNet system provide the expected data connectivity, it also helped fill unanticipated gaps in connectivity from other providers, Shepard said.

“We had a minor hiccup at the ops center on the Sunday a week before the Super Bowl, when we lost the wireless LAN [WiLAN]. We reverted to our FirstNet hotspots on

our phones, and we were able to run our computers, get our uploads and downloads, and still carry on our voice conversations at the same time, without any interruption,” he said.

“We did that for about a three- or four-hour period, and then we went back to the WiLAN [when it became available again].”

Similarly, plans to use drones to provide real-time streaming video of activities in the downtown Atlanta area appeared to undermined on the Thursday before the Super Bowl, when it became clear that the wireless provider that was expected to serve the drones would not be able to meet the throughput needs, Shepard said. Once again, FirstNet connectivity proved to be an effective alternative, enabling the command staff to have access to real-time video from the drones, he said.

“We probably would not have had those drones deployed, if we weren’t able to make that connection with FirstNet,” Shepard said.

Shepard said he was impressed by the quality and real-time nature of the video observed on his device.

“We have access to some of our other camera systems that we were able to livestream on our portable devic-

36

es,” Shepard said. “I was able to look at some of the camera systems in the mid-town area and livestream those, without any distortion, pixilation or jumpiness in the video.

“We noticed almost zero delay in the signal. At one point, we had one of the drones in the office while they were servicing it. They were several miles away from us, and we wondered, ‘I wonder what kind of delay we’d get,’ so we told them to hold up a number of fingers and we would tell them, to see was the lag time was. It was almost instantaneous; you really didn’t notice it—and that was streaming on my phone.”

Beyond video, multiple agencies working during Super Bowl week used FirstNet connectivity to track the location of personnel and other assets, as well as sending images, alerts and texts, Shepard said.

Representatives from all providers of wireless and wireline communications providers, utilities, fiber companies, Fulton County, the city of Atlanta and a federal cybersecurity team were housed on the command post near the Super Bowl venue, according to Shepard Although some have speculated that there could be interoperability problems with entities that subscribed to providers other

FIRSTNET PROVES TO BE VALUABLE DURING SUPER BOWL WEEK IN ATLANTA, GEORGIA

By: Donny Jackson | Reprinted with permission from: urgentcomm.com

perienced with speaking with another EPTT user.

“It’s almost cellular quality—even landline,” he said. “There’s very little garble; voices are clear and very easy to understand.

“In the old days with Nextel, I remember struggling to hear what they were saying—the garbleness of it, the premature cutoff, whatever you want to say. With Enhanced Push to Talk, the people you are speaking with are just crystal clear.”

than FirstNet, that never proved to be an issue, he said.

“We just know that whenever we needed to communicate, we were able to—there wasn’t ever really a concern about that,” Shepard said. “I know that, if I needed to talk with the operations center or they needed to get ahold of me, we had instant communications.

“We had no issues with communications. We were able to talk back and forth. Luckily, it was mostly just

check-ins … we didn’t have any incidents during the Super Bowl or the week of, which is very good.”

Shepard said his agency uses AT&T’s Enhanced Push to Talk (EPTT) service that leverages the Kodiak pushto-talk-over-cellular (PoC) technology owned by Motorola Solution.

Although none of the carrier PoC services support interoperability between each other, Shepard said he has been very pleased with the voice quality and performance he has ex-

37

When he used Nextel Communications’ push-to-talk service while in Central Florida, Shepard said he remembers often failing to be able to secure a connection as the service became more popular in the area and capacity on the network was strained. That has never happened to him with the EPTT service, he said.

“I’ve always gotten a connection on the first try,” Shepard said. “Alerts go out to the phones, and messages go out. I’ve not experienced any issues.”

Shepard said that the Super Bowl communications setup this year did not include a bridge to link LTE and LMR communications, but “that’s something we’ll look … to make happen in the future.”

WINTER 2019 BULLETIN

Valuable During Super , Georgia official says

GOT CRIMEWATCH? CRIMEWATCH? GOT

速 速速 速

ThePCPA PCPAand andmany manytop toplaw lawenforcement enforcementagencies agenciesare are The The agencies are ThePCPA PCPAand andmany manytop toplaw lawenforcement enforcement agencies are revolutionizing community policing with CRIMEWATCH. revolutionizing community policing with CRIMEWATCH. revolutionizing with CRIMEWATCH. revolutionizingcommunity communitypolicing policing with CRIMEWATCH.

Areyou? you?

Are Are Areyou? you?

CRIMEWATCHisismaking makingPennsylvania Pennsylvaniacommunities communitiessafer. safer.With Withaatotal totalonline online CRIMEWATCH CRIMEWATCH is making Pennsylvania communities With a total online reach surpassing 20 million, CRIMEWATCH isconnecting connectingsafer. communities and lawonline CRIMEWATCH is making Pennsylvania safer. Withand a total reach surpassing 20 million, CRIMEWATCH iscommunities communities law reach surpassing 20 million, islike connecting communities and law enforcement agencies acrossCRIMEWATCH Pennsylvania neverbefore. before. reach surpassing 20 across million, CRIMEWATCH isnever connecting communities and law enforcement agencies Pennsylvania like enforcement agencies across Pennsylvania like never before. enforcement agencies across Pennsylvania like never before.

Learnhow howthe thePCPA/CRIMEWATCH PCPA/CRIMEWATCHpartnership partnershipcan canmake makeyour yourpolice policedepartment department Learn Learn how the PCPA/CRIMEWATCH partnership can Call make your police department more effective and the community you serve safer.

717.230.1845 today visit: more effective and the community you serve safer.

Call 717.230.1845 today ororvisit: Learneffective how theand PCPA/CRIMEWATCH partnership your police department more the community you serve safer.can Callmake 717.230.1845 today or visit: www.crimewatchtech.com/pcpa-info www.crimewatchtech.com/pcpa-info more effective and the community you serve safer. Call 717.230.1845 today or visit: www.crimewatchtech.com/pcpa-info www.crimewatchtech.com/pcpa-info P P A A R R T T NN E E R R S S HH I I P P

P A R T N E R S H I P P A R T N E R S H I

CRIMEWATCHisisa aregistered registeredtrademark trademarkofofCRIMEWATCH CRIMEWATCHTechnologies, Technologies,Inc. Inc. CRIMEWATCH CRIMEWATCH is a registered trademark of CRIMEWATCH Technologies, Inc.

P E N N S Y LV A N I A CHIEFS OF POLICE ASSOCIATION

APPLICATION TYPE:

APPLY ONLINE!

oA ctive Membership $150 per year plus $100 Initiation Fee ($250 to accompany application) oA ffiliate 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.

It’s time to switch.

ith pricing options targeted specifically for small-toze departments in PA, there’s no better time to switch CODY RMS system.

It’s It’s time time to switch. switch.

It’s switch.

me fully-featured, reliable, ‘anywhere’ CODY RMS system. Same personal, 24/ With Withpricing pricingoptions options targeted targeted specifically specificallyfor forsmall-to-mid small-to-mid With pricing options targeted specifically for small-to-mid -based technical support. Same agile CODY team dedicated to supporting yo size sizedepartments departmentsin in PA, PA, there’s there’s no no better bettertime timeto toswitch switchto to aaa size departments in PA, there’s no better time to switch to your department.

CODY CODY RMS system.

CODY RMS system. system.

Same Same fully-featured, fully-featured, reliable, reliable,‘anywhere’ ‘anywhere’ CODY RMS system. system.

Same Samepersonal, personal, 24/7 24/7 LIVE, LIVE, “CODY’s user-friendly feature set, coupled with the compan Same fully-featured, reliable, ‘anywhere’ CODY RMS RMS system.

Same personal, 24/7 LIVE, PA-based PA-based technical technicalsupport. support.Same Same agile agile CODY team teamdedicated dedicatedto tosupporting supporting you you and and PA-based technical support. agile CODY reliable team dedicated to supporting you and reputation in PASame as your ayour stable, company with great department. your department. department.

customer support made purchasing their RMS solution a no brainer.”

–user-friendly Chief Brianfeature Wiczkowski, West Lampeter Townsh “CODY’s “CODY’s user-friendly feature set, set, coupled coupled with with the thecompany’s company’s “CODY’s user-friendly feature set, coupled with the company’s reputation reputationininPA PAas as aa stable, stable, reliable reliablecompany companywith withgreat great reputation in PA as a stable, reliable company with great customer customersupport supportmade made purchasing purchasing their theirRMS RMSsolution solutiona anonocustomer support made purchasing their RMS solution a nobrainer.” brainer.”––Chief ChiefBrian Brian Wiczkowski, Wiczkowski, West WestLampeter LampeterTownship Township PDPD brainer.” – Chief Brian Wiczkowski, West Lampeter Township PD

Join the CODY family of customer agencies

Join Join the CODY CODY family customer customeragencies. agencies.

Visit usthe at the PA family Chiefs of conference learn more.

Join the CODY family of customerto agencies.

PCPA 2018 Conference June 17-18 to Booths 101 & 10 Visit Visitus usatatthe thePA PA Chiefs Chiefs conference conference to learn learnmore. more.

Visit2018 us atConference the PA Chiefs conference to learn more.

PCPA PCPA 2018 Conference June 17-18 17-18 Booths Booths 101 101 &&103 103 PCPA 2018 Conference June 17-18 Booths 101 & 103

PROUD SPONSORS PPROUD ROUD SSPONSORS PONSORS PROUD SPONSORS Tel: Tel: 610.326.7476 610.326.7476 Tel: 610.326.7476

Tel: 610.326.7476

Fax: Fax:610.970.7242 610.970.7242 Fax: 610.970.7242

Fax: 610.970.7242

www.codysystems.com www.codysystems.com www.codysystems.com www.codysystems.com