Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB319 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 253 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.319 
Session of 
2025 
INTRODUCED BY KEARNEY, STREET, HAYWOOD, SCHWANK, COLLETT, COSTA 
AND KANE, FEBRUARY 26, 2025 
REFERRED TO JUDICIARY, FEBRUARY 26, 2025 
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the 
Pennsylvania Consolidated Statutes, in commencement of 
proceedings, providing for execution of warrants.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Title 42 of the Pennsylvania Consolidated 
Statutes is amended by adding a section to read:
§ 8903.   Execution of warrants. 
(a)  Standards.--The following standards shall apply to each 
law enforcement officer and law enforcement agency for the 
execution of a warrant issued in this Commonwealth under 
Chapters 2 and 5 of the Pennsylvania Rules of Criminal 
Procedure:
(1)  A law enforcement officer shall physically knock and 
announce himself or herself before forcibly entering a home 
and shall wait a minimum of 15 seconds  to allow the  	occupants 
of the home to respond and open the door.
(2)  A law enforcement officer shall wear a body camera 
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18 and record video on the body camera:
(i)  when the law enforcement officer conducts a 
search;
(ii)  for a minimum of five minutes before and after 
the execution of the warrant; and
(iii)  during any period that involves a subsequent 
arrest or search of a person or property.
(3)  A law enforcement officer shall be in uniform or 
otherwise be wearing clothing that makes the law enforcement 
officer clearly and immediately identifiable as a law 
enforcement officer.
(b)  Training.--The Attorney General, in collaboration with 
the Commissioner of Pennsylvania State Police, shall have the 
following duties:
(1)  Es tablish a course of training for law enforcement  
officers on the constitutional, legal and technical aspects 
of executing warrants for the arrest of persons and search of 
property.
(2)  Promulgate regulations as necessary to implement the 
training program under paragraph (1).
(3)  Establish minimum standards for the certification 
and periodic recertification of law enforcement officers as 
eligible to conduct the execution of warrants. The minimum 
standards under this paragraph shall be included in the 
annual recertification and continuing education of law 
enforcement officers in accordance with 53 Pa.C.S. Ch. 21 
Subch. D (relating to municipal police education and 
training).
(c)  Sanctions.--Notwithstanding any other provision of law, 
decision, order, agreement or practice, a law enforcement 
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30 officer who fails to  	comply with the requirements under  
subsection  (a)  shall be suspended from duty, and the law  
enforcement officer's certification issued under 53 Pa.C.S. Ch. 
21 Subch. D shall be suspended or revoked as follows:
(1)  For a first violation, the law enforcement officer's 
certification shall be suspended for a period of six months.
(2)  For a second violation, the law enforcement 
officer's certification shall be suspended for a period of 
one year.
(3)  F or a third or subsequent violation, the law  
enforcement officer's certification shall be revoked.
(d)  Arbitration.--A suspension or revocation under 
subsection (c) shall not be subject to arbitration or 
reinstatement under the act of June 24, 1968 (P.L.237, No.111), 
referred to as the Policemen and Firemen Collective Bargaining 
Act, or any other law of this Commonwealth 	. 
(e)  C ause of action.--Any person aggrieved for a violation  
of the requirements under subsection (a) may bring an action in 
an appropriate court of common pleas against a law enforcement 
officer or law enforcement agency on the grounds that the law 
enforcement officer or law enforcement agency intentionally 
failed to comply with the requirements under subsection (a). If 
the court concludes that the law enforcement officer or law 
enforcement agency intentionally failed to comply with the 
requirements under subsection (a), the court may order damages 
to the person or injunctive relief.
(f)  Definitions.--As used in this section, the following 
words and phrases shall have the meanings given to them in this 
subsection unless the context clearly indicates otherwise:
"Body camera."  An electronic, mechanical or other device 
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30 that has been approved by the Pennsylvania State Police under 18 
Pa.C.S. § 5706(b)(4) (relating to exceptions to prohibitions in 
possession, sale, distribution, manufacture or advertisement of 
electronic, mechanical or other devices) to intercept the 
communication in the course of law enforcement duties.
"Law enforcement agency."  An agency that employs a law 
enforcement officer.
"Law enforcement officer."  A member of the Pennsylvania 
State Police or an individual employed as a police officer who 
holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D.
Section 2.  This act shall take effect in 60 days.
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