Private 22

Private 22

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§ 501. Appointment by nonprofit corporations.

§ 3304. Compensation and liability.

§ 3305. Termination of appointment.

§ 3704. Appointment by nonprofit corporations.

§ 3705. Qualifications for appointment.

§ 3706. Suspension, revocation, limitation and restriction of appointment; restoration of
appointment.

§ 3707. Termination of appointment.

§ 3708. Powers and authority; jurisdiction.

§ 3711. Limitation on possession of firearms.

§ 3713. Continuing education program.

§ 3715. Humane Society Police Officer Advisory Board.

§ 3718. Applicability to currently appointed individuals.

   1.  General Provisions (Reserved)
  33.  Railroad and Street Railway Police
  37.  Humane Society Police Officers
Enactment.  Unless otherwise noted, the provisions of Title 22 were added November 15, 1972, P.L.1063,
No.271, effective in 90 days.

Enactment.  Chapter 1 (Reserved) was added November 15, 1972, P.L.1063, No.271, effective in 90
days.

Enactment.  Chapter 3 (Reserved) was added November 15, 1972, P.L.1063, No.271, effective in 90
days.

501.  Appointment by nonprofit corporations.
Enactment.  Chapter 5 was added November 15, 1972, P.L.1063, No.271, effective in 90 days.

§ 501.  Appointment by nonprofit corporations.
(a)  Appointment authorized.-- Any nonprofit corporation, as defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
corporations) maintaining a cemetery or any buildings or grounds open to the public,
or organized for the prevention of cruelty to children or aged persons, or one or
more of such purposes, 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 policemen for the corporation. The court, upon such application,
may by order appoint such persons, or as many of them as it may deem proper and necessary,
to be such policemen.

(b)  Oath of office.-- Every policeman so appointed shall, before entering upon the duties of his office,
take and subscribe the oath required by the sixth article of the Constitution of Pennsylvania.
Such oath, together with the decree and order of the court, shall be recorded by the
recorder of deeds of each county in which it is intended that such policemen shall
act.

(c)  Powers.-- Such policemen, so appointed, shall severally possess and exercise all the powers
of a police officer in this Commonwealth, in and upon, and in the immediate and adjacent
vicinity of, the property of the corporation. Policemen so appointed for a corporation
organized for the prevention of cruelty to children or aged persons, or one or more
of such purposes, shall severally possess and exercise all the powers of a police
officer in any county in which they may be directed by the corporation to act, and
are hereby authorized to arrest persons for the commission of any offense of cruelty
to children or aged persons. The keepers of jails and other places of detention in
any county of this Commonwealth shall receive all persons arrested by such policemen
for purposes of detention until they are dealt with according to law. Every policeman
appointed under this section, when on duty, shall wear a metallic shield with the
words "special officer" and the name of the corporation for which appointed inscribed
thereon.

(d)  Compensation.-- The compensation of such policemen shall be paid by the corporation for which the
policemen are appointed, as may be agreed upon between the corporation and such policemen.

(e)  Termination of appointment.-- When any corporation shall no longer require the services of any policeman, it shall
file a notice to that effect, under its corporate seal, in the office of each recorder
of deeds where the court decree and order of appointment of such policeman were recorded.
The recorder of deeds shall note this information upon the margin of the record where
the court decree and order were recorded, and thereupon the powers of such policeman
shall terminate. It shall be the duty of the recorder of deeds to notify the clerk
of the court by which such policeman was appointed of the termination of such appointment
in such county.

(Dec. 19, 1990, P.L.834, No.198, eff. imd.; Nov. 30, 2004, P.L.1603, No.205, eff.
180 days)

2004 Amendment.  Act 205 amended subsecs. (a) and (c).

Enactment.  Chapter 33 was added November 23, 1982, P.L.686, No.196, effective in 30 days. Section
3 of Act 196 of 1982 provided that nothing contained in the act shall affect the validity
of any commissions which are presently valid and issued pursuant to the acts repealed
by Act 196.

Cross References.  Chapter 33 is referred to in section 2162 of Title 53 (Municipalities Generally).

A corporation owning or operating a railroad or street passenger railway in this Commonwealth,
including also an authority existing pursuant to Article III of the act of January
22, 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass Transportation Law,"
for its entire transportation system, and including an authority existing pursuant
to the act of April 6, 1956 (1955 P.L.1414, No.465), known as the "Second Class County
Port Authority Act," may apply to the Commissioner of the Pennsylvania State Police
upon such forms as he shall prescribe for the appointment of specific persons as the
applicant may designate to act as railroad or street railway policemen for it. The
commissioner, after such investigation as he shall deem necessary, shall recommend
to the Governor the commissioning of such persons as railroad or street railway policemen
or advise the applicant of their adverse recommendations and the reasons therefor.
The Governor, upon such application and recommendation, may appoint such persons to
be railroad or street railway policemen, and shall issue to such persons so appointed
a commission to act as such policemen.

Reference in Text. The act of January 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass Transportation
Law, referred to in this section, was repealed by the act of August 5, 1991 (P.L.238,
No.26).

Every railroad or street railway policeman so commissioned shall, before entering
upon the duties of his office, take and subscribe the oath required by Article VI
of the Constitution of Pennsylvania. The oath and commission issued by the Governor
shall be recorded in the office of the Secretary of the Commonwealth, in the county
where the registered corporate office or principal place of business is located and
a copy filed with the commissioner.

(a) General powers.-- Railroad and street railway policemen shall severally possess and exercise all the
powers of a police officer in the City of Philadelphia, in and upon, and in the immediate
and adjacent vicinity of, the property of the corporate authority or elsewhere within
this Commonwealth while engaged in the discharge of their duties in pursuit of railroad,
street railway or transportation system business.

(b) Detention of arrested persons.-- The keepers of jails and other places of detention in any county of this Commonwealth
shall receive all persons arrested by railroad or street railway policemen for purposes
of detention until they are dealt with according to law.

(c) Badge.-- Railroad and street railway policemen when on duty shall wear or carry a metallic
shield containing the words "railroad police" or "railway police" and the name of
the authority.

(d) Course of instruction.-- Every railroad and street railway police officer shall successfully complete the same
course of instruction required for municipal police officers by the act of June 18,
1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training
Law.

Reference in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education
and Training Law, referred to in subsec. (d), was repealed by the act of December
19, 1996 (P.L.1158, No.177).

§ 3304. Compensation and liability.
The compensation of railroad or street railway policemen shall be paid by their corporate
authority. The Commonwealth of Pennsylvania shall not be held liable for any wrongful
act of any police officer commissioned under the provisions of this chapter.

§ 3305. Termination of appointment.
When the corporate authority no longer requires the services of any railroad or street
railway policemen, it shall file a notice to that effect, under its corporate seal,
in the office of the Secretary of the Commonwealth, in the office of the recorder
of deeds where the oath and commission were recorded and with the commissioner. The
recorder of deeds shall note this information upon the margin of the record where
the oath and commission were recorded and thereupon the powers of the policemen shall
terminate.

3704. Appointment by nonprofit corporations.
3705. Qualifications for appointment.
3706. Suspension, revocation, limitation and restriction of appointment; restoration of
appointment.

3708. Powers and authority; jurisdiction.
3711. Limitation on possession of firearms.
3713. Continuing education program.
3715. Humane Society Police Officer Advisory Board.
3718. Applicability to currently appointed individuals.
Enactment. Chapter 37 was added November 30, 2004, P.L.1603, No.205, effective in 180 days.

This chapter deals with humane society police officers.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

"Agricultural animal." Any bovine animal, equine animal, sheep, goat, pig, poultry, bird, fowl, wild or semiwild
animal or fish or other aquatic animal that is being raised, kept, transported or
utilized for the purpose of or pursuant to agricultural production.

"Agricultural production." The production and preparation for market of agricultural animals and their products
and of agricultural, agronomic, horticultural, silvicultural and aquacultural crops
and commodities.

"Board." The Humane Society Police Officer Advisory Board.

"Complainant." Any person who has evidence that an individual appointed as a humane society police
officer has performed in a manner that is contrary to the standards, requirements
and qualifications prescribed in this chapter for appointment of individuals as humane
society police officers. The term also includes a district attorney or a municipal
solicitor.

"Convicted." A finding or verdict of guilt, an admission of guilt or a plea of nolo contendere
or receiving probation without verdict, disposition in lieu of trial or an Accelerated
Rehabilitative Disposition in the disposition of felony charges.

"Cruelty to animals laws." The provisions of 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals).

"Department." The Department of Agriculture of the Commonwealth.

"Humane society police officer." Any person who holds a current appointment under this chapter to act as a humane society
police officer for a society or association for the prevention of cruelty to animals.
The term shall include an individual who is an agent of a society or association for
the prevention of cruelty to animals as "agent" is used in 18 Pa.C.S. Ch. 55 Subch.
B (relating to cruelty to animals), provided that individual holds a current appointment
under this chapter.

"Secretary." The Secretary of Agriculture of the Commonwealth.

"Serious misdemeanor." A criminal offense for which more than one year in prison can be imposed as a punishment.

"Society or association." A nonprofit society or association duly incorporated pursuant to 15 Pa.C.S. Ch. 53
Subch. A (relating to incorporation generally) for the purpose of the prevention of
cruelty to animals.

(June 28, 2017, P.L.215, No.10, eff. 60 days)
2017 Amendment. Act 10 amended the defs. of "cruelty to animals laws" and "humane society police officer."

Cross References. Section 3702 is referred to in section 5531 of Title 18 (Crimes and Offenses).

It shall be unlawful for any individual to hold himself forth as a humane society
police officer unless the individual has obtained an appointment pursuant to this
chapter.

§ 3704. Appointment by nonprofit corporations.
(a) Application for appointment.-- A society or association may apply to the court of common pleas in any county for
the appointment of an individual as a humane society police officer for that county
by providing proof of qualification under section 3705 (relating to qualifications
for appointment) to the court of common pleas and to the district attorney. The court,
upon reviewing the application and considering the recommendation, if any, of the
district attorney, may by order appoint such person to be a humane society police
officer.

(a.1) Notice to department.-- Upon action by the court of common pleas to order an appointment, the clerk of courts
of the county shall forward such information to the department for the purpose of
the Statewide registry established under section 3714 (relating to Statewide registry).

(b) Oath.-- Every individual appointed as a humane society police officer pursuant to this chapter
shall, before entering upon the duties of the office, take and subscribe to the oath
required by Article VI of the Constitution of Pennsylvania.

(June 28, 2017, P.L.215, No.10, eff. 60 days; Oct. 2, 2018, P.L.511, No.77, eff. one
year)

2018 Amendment. Act 77 added subsec. (a.1).

2017 Amendment. Act 10 amended subsec. (a).

Cross References. Section 3704 is referred to in section 3718 of this title.

§ 3705. Qualifications for appointment.
In order for an individual to be considered for appointment as a humane society police
officer, the society or association must submit proof satisfactory to the court of
common pleas and the district attorney in each county for which the society or association
directs the individual to act as a humane society police officer that the individual:

(1) Has been a resident of this Commonwealth for the previous 12 months.
(2) Has successfully completed the training program established pursuant to section 3712
(relating to training program).

(3) Has obtained a criminal history report from the Pennsylvania State Police pursuant
to 18 Pa.C.S. Ch. 91 (relating to criminal history record information) or a statement
from the Pennsylvania State Police that the Pennsylvania State Police central repository
contains no pertinent information relating to the individual who is the subject of
the application. The criminal history record information shall be limited to that
which may be disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations).

(4) Has not been convicted of an offense graded a felony or a serious misdemeanor.
(5) Has not been convicted of any violation, including a summary offense, of 18 Pa.C.S.
Ch. 55 Subch. B (relating to cruelty to animals).

(6) Has not been convicted of an offense in another jurisdiction, state, territory or
country in accordance with the laws of that jurisdiction, state, territory or country
equivalent to an offense graded a felony or a serious misdemeanor or an offense of
cruelty to animals.

(7) Has not had an appointment as a humane society police officer revoked for cause in
another county or another state.

(June 28, 2017, P.L.215, No.10, eff. 60 days; Oct. 2, 2018, P.L.511, No.77, eff. one
year)

2018 Amendment. Act 77 added par. (7).

Cross References. Section 3705 is referred to in section 3704 of this title.

§ 3706. Suspension, revocation, limitation and restriction of appointment; restoration of
appointment.
(a) Grounds for suspension, revocation, limitation or restriction.-- By its own action, on petition by a district attorney or pursuant to a written affidavit
filed by a complainant, the court of common pleas may, after conducting a hearing,
suspend, revoke, limit or restrict an appointment of an individual to act as a humane
society police officer in the county if the court determines any of the following:

(1) Being convicted of a felony or a serious misdemeanor in any Federal or State court
or being convicted of the equivalent of a felony in any foreign country, territory
or possession.

(2) Being convicted of an offense of cruelty to animals in any Federal or State court
or being convicted of the equivalent of a cruelty to animals offense in any foreign
country, territory or possession.

(3) Presenting false credentials or documents or making a false or misleading statement
in the application for appointment or a certification of completion of additional
training or submitting an application for appointment or a certification for completion
of additional training containing a false or misleading statement.

(4) Carrying or possessing a firearm in the performance of his or her duties without certification

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