Bill Summary – FastDemocracy

PRINTER'S NO.   496
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 533
                                                Session of
                                                  2021
     INTRODUCED BY A. DAVIS, SANCHEZ, HILL-EVANS, DALEY, FRANKEL,
        CIRESI, HARRIS AND HOHENSTEIN, FEBRUARY 16, 2021
     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 16, 2021
                                      AN ACT
 Amending Title 53 (Municipalities Generally) of the Pennsylvania
    Consolidated Statutes, in general provisions relating to
    government and administration, providing for law enforcement
    review boards.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Chapter 23 of Title 53 of the Pennsylvania
 Consolidated Statutes is amended by adding a subchapter to read:
                             SUBCHAPTER D
                     LAW ENFORCEMENT REVIEW BOARDS
 Sec.
 2361.   Scope of subchapter.
 2362.   Definitions.
 2363.   Establishment of Independent Citizens Law Enforcement
             Review Board.
 § 2361.   Scope of subchapter.
    This subchapter shall provide for the establishment of a
 county Independent Citizens Law Enforcement Review Board in
 counties of the second class through the eighth class.
 § 2362.    Definitions.
    The following words and phrases when used in this subchapter
 shall have the meanings given to them in this section unless the
 context clearly indicates otherwise:
    "Board."      The Independent Citizens Law Enforcement Review
 Board established under this act.
    "Board of commissioners."      The governing body of a county of
 the second through the eighth class that has not adopted a home
 rule charter.
    "Council."      The county council of a county of the second
 class that has adopted a home rule charter.
    "County executive."      The chief executive officer of a county
 of the second class that has adopted a home rule charter.
 § 2363.    Establishment of Independent Citizens Law Enforcement
                 Review Board.
    (a)    Establishment.--The board of commissioners or council
 may, by ordinance, establish an Independent Citizens Law
 Enforcement Review Board for the purposes of receiving
 complaints, performing investigations and making recommendations
 regarding alleged police misconduct.
    (b)    Composition.--The board shall be comprised of not less
 than nine members appointed by the board of commissioners or
 county executive with the advice and consent of a majority of
 the members of the council.
    (c)    Membership.--Members of the board shall reflect the
 geographic and cultural diversity of the county. Members shall
 represent the following classifications of municipalities:
           (1)   Two members from a city of the third class if a city
    of the third class is located in the county.
           (2)   Two members from a borough.
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        (3)   Two members from a township of the first class.
        (4)   Two members from a township of the second class.
        (5)   One member representing the county at large.
  (d)   Authority.--The board shall be authorized to:
        (1)   Investigate selected complaints filed by individuals
  alleging police misconduct by a police department in a
  municipality in the county other than a city of the second
  class or in any other municipality that had established an
  independent municipal police oversight board in accordance
  with an ordinance or court order.
        (2)   Establish a mediation program where a complainant
  may voluntarily choose to resolve a complaint by an informal
  mediation administered by the board with the municipal police
  department.
        (3)   Provide advice and recommendations to the governing
  body of a municipality, including the mayor or chief
  executive of the municipality, on policies and actions of the
  municipal police department, including recommendations on
  police training, hiring and disciplinary policies and
  specific recommendations of discipline for individual
  officers.
        (4)   Conduct public hearings, subpoena witnesses, compel
  witness attendance, administer oaths, take the testimony of a
  person under oath and require the production of evidence
  relating to any other matter under investigation or any
  questions before the board.
        (5)   Employ and supervise a staff, including a solicitor,
  as necessary.
        (6)   Conduct other actions necessary to fulfill the
  purpose of the board.
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    (e)   Procedures and rules.--The board shall adopt procedures
 and rules necessary to fulfill the purpose of the board.
    (f)   Limitation on the authority of the board.--
          (1)   The board shall only be authorized to complete
    investigations and make findings and recommendations as
    provided in this subchapter. The governing body of a
    municipality, including the mayor or chief executive of the
    municipality, shall retain full and ultimate authority to set
    disciplinary policies or take other actions deemed
    appropriate relative to the municipal police department. The
    findings and recommendations of the board relative to any
    investigation shall be advisory.
          (2)   The board may not investigate complaints involving
    the conduct of a Federal or State law enforcement agency or
    officer.
    Section 2.    This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 0496: 53-23