SB 319 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in commencement of proceedings, providing for execution of warrants.

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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in commencement of
 3      proceedings, providing for execution of warrants.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 42 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 8903.    Execution of warrants.
 9      (a)    Standards.--The following standards shall apply to each
10   law enforcement officer and law enforcement agency for the
11   execution of a warrant issued in this Commonwealth under
12   Chapters 2 and 5 of the Pennsylvania Rules of Criminal
13   Procedure:
14             (1)   A law enforcement officer shall physically knock and
15      announce himself or herself before forcibly entering a home
16      and shall wait a minimum of 15 seconds to allow the occupants
17      of the home to respond and open the door.
18             (2)   A law enforcement officer shall wear a body camera
 1      and record video on the body camera:
 2                  (i)    when the law enforcement officer conducts a
 3            search;
 4                  (ii)    for a minimum of five minutes before and after
 5            the execution of the warrant; and
 6                  (iii)    during any period that involves a subsequent
 7            arrest or search of a person or property.
 8            (3)   A law enforcement officer shall be in uniform or
 9      otherwise be wearing clothing that makes the law enforcement
10      officer clearly and immediately identifiable as a law
11      enforcement officer.
12      (b)   Training.--The Attorney General, in collaboration with
13   the Commissioner of Pennsylvania State Police, shall have the
14   following duties:
15            (1)   Establish a course of training for law enforcement
16      officers on the constitutional, legal and technical aspects
17      of executing warrants for the arrest of persons and search of
18      property.
19            (2)   Promulgate regulations as necessary to implement the
20      training program under paragraph (1).
21            (3)   Establish minimum standards for the certification
22      and periodic recertification of law enforcement officers as
23      eligible to conduct the execution of warrants. The minimum
24      standards under this paragraph shall be included in the
25      annual recertification and continuing education of law
26      enforcement officers in accordance with 53 Pa.C.S. Ch. 21
27      Subch. D (relating to municipal police education and
28      training).
29      (c)   Sanctions.--Notwithstanding any other provision of law,
30   decision, order, agreement or practice, a law enforcement

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 1   officer who fails to comply with the requirements under
 2   subsection (a) shall be suspended from duty, and the law
 3   enforcement officer's certification issued under 53 Pa.C.S. Ch.
 4   21 Subch. D shall be suspended or revoked as follows:
 5            (1)   For a first violation, the law enforcement officer's
 6      certification shall be suspended for a period of six months.
 7            (2)   For a second violation, the law enforcement
 8      officer's certification shall be suspended for a period of
 9      one year.
10            (3)   For a third or subsequent violation, the law
11      enforcement officer's certification shall be revoked.
12      (d)   Arbitration.--A suspension or revocation under
13   subsection (c) shall not be subject to arbitration or
14   reinstatement under the act of June 24, 1968 (P.L.237, No.111),
15   referred to as the Policemen and Firemen Collective Bargaining
16   Act, or any other law of this Commonwealth.
17      (e)   Cause of action.--Any person aggrieved for a violation
18   of the requirements under subsection (a) may bring an action in
19   an appropriate court of common pleas against a law enforcement
20   officer or law enforcement agency on the grounds that the law
21   enforcement officer or law enforcement agency intentionally
22   failed to comply with the requirements under subsection (a). If
23   the court concludes that the law enforcement officer or law
24   enforcement agency intentionally failed to comply with the
25   requirements under subsection (a), the court may order damages
26   to the person or injunctive relief.
27      (f)   Definitions.--As used in this section, the following
28   words and phrases shall have the meanings given to them in this
29   subsection unless the context clearly indicates otherwise:
30      "Body camera."    An electronic, mechanical or other device

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 1   that has been approved by the Pennsylvania State Police under 18
 2   Pa.C.S. § 5706(b)(4) (relating to exceptions to prohibitions in
 3   possession, sale, distribution, manufacture or advertisement of
 4   electronic, mechanical or other devices) to intercept the
 5   communication in the course of law enforcement duties.
 6      "Law enforcement agency."    An agency that employs a law
 7   enforcement officer.
 8      "Law enforcement officer."    A member of the Pennsylvania
 9   State Police or an individual employed as a police officer who
10   holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D.
11      Section 2.   This act shall take effect in 60 days.




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