Version II Campus Police

Amendment to Act 22 (Detectives and Private Police) or Campus Police Act

HB 2592 and HB 2593

September 2, 2010

Proposed Legislation

The Pennsylvania’s Private Campus Law Enforcement Association (PPCLEA) wants to establish requirements for campus police in state law. Rep. John Yudichak (D-Luzerne) has introduced two bills to accomplish PPCLEA’s objectives. The House Judiciary Committee, chaired by Rep. Thomas Caltagirone (D-Berks), held a hearing on September 1 at Immaculata University on this legislation. The police chiefs at Bucknell University, the University of Scranton, and Franklin and Marshall College testified in support of this legislation and requested that the AICUP membership be made aware of this legislation. The House Judiciary Committee received letters of support from the International Association of Campus Law Enforcement Administrators (IACLEA) and the International Association of Chiefs of Police (IACP).

Background

Currently private college campus police are covered by Act 22 Section 501- Pennsylvania Private Police Act. This Act includes standards for a number of security and corporate police. While officers at state universities maintain certification under the Municipal Police Officer’s Education and Training Commission (MPOETC), officers at private colleges and universities may obtain police officer certification through MPOETC but the private university is not a MPOETC certified agency. This restriction limits the scope of police powers for officers at private colleges and universities. Since private colleges and universities are not MPOETC certified agencies, their campus police have limited mandated training requirements and almost no state oversight; however, many do receive Section 501 training.

Once either a campus police or campus security department is established, it becomes a sovereign entity that operates as it sees fit, including the areas of arming, training, and managing the performance of its officers. There are requirements for 40 hours of basic training if an officer is armed. Many universities and colleges follow MPOETC standards but can’t provide MPOETC certification for officers.

HB 2592

Amends the Administrative Code of 1929 to include “community colleges, or private college or university” in the definitions for “campus police” and includes “all community colleges and all private colleges and universities” in the definition for “college” or “university” in the code.

HB 2593

Amends Title 22 (Detectives and Private Police) statute. The bill provides for the following:

Definitions of Interest

“Certification.” The assignment of a certification number to a campus police officer after successful completion of a mandatory basic training course or receipt of a waiver of basic training from the MPOETC.

“College.” A college which has a campus police department, as defined in the Administrative Code.

“Commission.” MPOETC.

“Police department.”

· Public agency of a political subdivision having general police powers and charged with making arrests.

· Campus police or university police department certified by the Office of Attorney General as a criminal justice agency not including SSHE or its member institutions.

· Railroad or street railway police department.

· Capitol police

· Harrisburg International Airport Police

· Airport authority police department.

Appointment

Nonprofit educational corporations may apply to the Court of Common Pleas of the county of the registered office of the corporation for the appointment of such persons as the corporation may designate to act as police officer for the corporation. The court, upon review of the application, may by order, appoint such persons as it may deem proper.

Powers

All the powers of a police officer in the Commonwealth, in and upon and adjacent to the property of the nonprofit educational corporation up to 500 yards.
All the powers of a police officer in any county in which the police officer may be directed by the nonprofit education corporation to act, and may arrest persons for a crime or offense occurring within the police officer’s jurisdiction including vehicular offenses.
Wear a metallic shield that includes the name of the college or university and shall be referred to as campus police officers or police and can exercise duties after successful completion of training.
Correctional institutions and other places of detention in the county shall receive persons arrested by campus police.
Police officers in performance of their duty shall possess the same protection and immunities afforded to all other police officers.
Campus police departments of colleges or universities shall be considered a “criminal justice agency” but only after all sworn members complete training. (This is an area of contention since only the Attorney General can make this decision.)
This agency is eligible to obtain certification from the Municipal Police Officers’ Education and Training Commission (MPOETC).
Current officers who have MPOETC certification prior to employment or any officer who received qualified training to serve as a law enforcement officer shall be deemed acceptable for all current MPOETC certification upon completion of necessary paperwork or written examination.
All campus police departments shall pay for the expenses of all personnel attending training including basic academy and mandatory in-service training.
A campus police department located within a municipality may enter into a mutual aid agreement in which the campus police may exercise those powers and perform duties conferred upon the college police under the direction of the mayor or other executive authority.
Compensation of a police officer shall be paid and agreed upon between the nonprofit educational corporation and the police officer.
Termination of a police officer requires a notice to be filed with the recorder of deeds to that effect.
All requirements of this section of the act shall be satisfied by July 1, 2014.

Exception

Nothing in the Act will require a private college campus to transform its security force into a campus police force (with MPOETC certification).

Pennsylvania State Police (PSP) Concerns

At the hearing, the State Police observed that HB 2592 would authorize an additional eighty-seven (87) private colleges and universities to be eligible for certification by MPOETC. (It is unlikely that all of these universities and colleges would immediately desire to change.) The PSP maintains that this legislation would greatly increase the number of officers in need of training and certification by MPOETC, while MPOETC’s budget was decreased by 78% in recent years. The PSP is also concerned about oversight of the campus police departments. Their testimony reads:

“As drafted, there is no governmental authority which will oversee these newly created private police departments. Instead, the departments would fall under the responsibility and oversight of the president of the college or university. Will the college or university president, or their designee, have the training, background and insight as to how to manage a police department? Will campus incidents be reported properly?”

The State Police expressed other concerns regarding legal liability for actions taken by the campus police officers, the difference in quality between MPOETC training and Section 501 training (currently used by many campus police), and designating campus police agencies as “criminal justice agencies.”

Update:

Introduced originally as HB 2592 & HB 2593.

Introduced by Rep. John Yudichak.

A Public hearing was held September 1, 2010 but no further movement was made by the House Judiciary Committee. Rep. Mike Carroll re-introduced the bill then referred it to the House Judiciary as HB 1327 & HB 1328 no movement has been made as of November 7, 2011.