Pennsylvania SB 1071: An Act making appropriations to the Trustees of the University of Pennsylvania.

Bill Text

PRINTER'S NO. 1264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1071
Session of
2025
INTRODUCED BY CAPPELLETTI, SAVAL, MUTH, STREET, FONTANA,
KEARNEY, TARTAGLIONE, HAYWOOD, COLLETT, SANTARSIERO, COMITTA,
L. WILLIAMS, HUGHES, A. WILLIAMS AND KANE, OCTOBER 21, 2025
REFERRED TO JUDICIARY, OCTOBER 21, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities
Generally) of the Pennsylvania Consolidated Statutes, in
abuse of office, providing for the offense of criminal
concealment by law enforcement officer; and, in municipal
police education and training, providing for visible badge
requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5304. Criminal concealment by law enforcement officer.
(a) Offense defined.--Except as provided in subsection (b),
a law enforcement officer is guilty of criminal concealment if
the law enforcement officer:
(1) Wears a mask, facial covering, disguise or any other
garment that obscures the identity of the law enforcement
officer while performing official duties and interacting with
the public.
(2) Intentionally obscures, covers, removes or otherwise
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conceals a badge, tag, label or other identifying information
required to be visibly displayed while performing official
duties and interacting with the public.
(b) Exceptions.--
(1) A law enforcement officer shall not be in violation
of subsection (a)(1) if the officer:
(i) Wears a medical-grade mask or respirator to
prevent the transmission of airborne illnesses.
(ii) Wears protective equipment designed to
safeguard the face or head issued as part of duties
associated with a Special Weapons and Tactics team.
(iii) Wears an item as a mask designed to protect
against smoke or hazardous conditions during fire
response or similar emergencies.
(2) A law enforcement officer shall not be in violation
of subsection (a)(1) or (2) if the law enforcement officer is
engaged in an undercover assignment, approved by a
supervisor, in which concealing identity is necessary for
investigating criminal offenses.
(c) Grading.-- A violation of this section shall be a
misdemeanor of the second degree.
(d) Sentencing.--The Pennsylvania Commission on Sentencing,
pursuant to 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a sentencing
enhancement applicable to an offense under this section when the
conduct results in injury to a civilian or in the improper
seizure or detention of a civilian without the requisite
reasonable suspicion or probable cause. The enhancement shall
reflect the gravity of the harm caused and the heightened
culpability associated with an abuse of authority.
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(e) Definition.--As used in this section, the term "law
enforcement officer" includes Federal law enforcement officials
and a "peace officer" as defined in section 501 (relating to
definitions).
Section 2. Title 53 is amended by adding a section to read:
§ 2173. Visible badge requirement.
(a) Display.--Except as provided in subsection (b), a law
enforcement officer in a county, city or other municipality
while performing official duties and interacting with the public
must:
(1) Visibly display a badge, tag or label clearly
identifying the law enforcement officer and the law
enforcement agency to which the officer belongs at all times.
(2) Produce a badge, tag or label upon request.
(b) Exception.--The provisions of subsection (a) shall not
apply to a law enforcement officer engaged in an undercover
assignment, approved by a supervisor, in which concealing
identity is necessary for investigating criminal offenses.
(c) Cause of action.--Any aggrieved person shall have the
right to bring an action in a court of competent jurisdiction in
this Commonwealth against any law enforcement officer under this
section on the grounds that the law enforcement officer
intentionally violated the provisions of this section.
(d) Remedies.--A court of competent jurisdiction may order
the following remedies:
(1) An order requiring the county, city or other
municipality, department or agency to cease and desist the
unlawful practice.
(2) Payment of compensatory damages, provided that an
aggrieved person shall make a reasonable effort to mitigate
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any damages.
(3) Payment of reasonable attorney fees.
(4) Payment of court costs.
(5) Other equitable relief, including, but not limited
to, the dismissal or removal from office of the law
enforcement officer.
(e) Definition.--As used in this section, the term "law
enforcement officer" includes Federal law enforcement officials
and a "peace officer" as defined in 18 Pa.C.S. § 501 (relating
to defin