Pennsylvania SB 46: An Act providing for adoption by the Attorney General of a Statewide model policy related to the prevention of excessive force by law enforcement officers and school security personnel.

Bill Text

PRINTER'S NO. 19
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 46
Session of
2025
INTRODUCED BY HUGHES, SCHWANK, STREET, KEARNEY, COMITTA,
HAYWOOD, COSTA AND KANE, JANUARY 22, 2025
REFERRED TO LAW AND JUSTICE, JANUARY 22, 2025
AN ACT
Providing for adoption by the Attorney General of a Statewide
model policy related to the prevention of excessive force by
law enforcement officers and school security personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Eight Can't
Wait Policy to Prevent Excessive Force Act.
Section 2. Legislative findings.
The General Assembly finds that:
(1) The authority of law enforcement officers and school
security personnel to use physical force is a serious
responsibility that must be exercised judiciously, with
respect for human rights, dignity and the sanctity of every
human life.
(2) Every individual has a right to be free from
excessive use of force by law enforcement officers and school
security personnel acting under color of law.
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(3) Through enactment of a model policy the Commonwealth
can implement common-sense policing standards that can
prevent excessive force being used against our residents and
in our communities.
(4) The law and policy created must be carefully
constructed and in a manner that thoughtfully reflects the
gravity of the serious consequences that excessive force by
law enforcement officers and school security personnel can
have.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Chokehold." A physical maneuver that restricts an
individual's ability to breathe for the purpose of
incapacitation.
"Commission." The Municipal Police Officers' Education and
Training Commission of the Commonwealth.
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Community-based organization." A grassroots organization
that monitors the issue of police misconduct and reform measures
and has a national presence and membership. The term includes
the National Association for the Advancement of Colored People,
the American Civil Liberties Union and UnidosUS.
"Deadly force." Force which, under the circumstances in
which it is used, is readily capable of causing death or serious
bodily injury.
"Force." Efforts used by a law enforcement officer that may
result in serious bodily injury or death when used to:
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(1) effectuate an arrest;
(2) overcome resistance or threatened resistance to
effectuate an arrest; or
(3) protect the law enforcement officer or any other
individual from injury or death.
"Law enforcement agency." A law enforcement agency in this
Commonwealth that is the employer of a law enforcement officer.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" under 18 Pa.C.S. § 501
(relating to definitions).
"Professional law enforcement association." A law
enforcement membership association that works for the needs of
state or local law enforcement agencies. The term includes the
International Association of Chiefs of Police, the National
Sheriffs' Association, the Fraternal Order of Police and the
National Association of School Resource Officers.
"Reasonable alternatives." Tactics and methods used by a law
enforcement officer or school security personnel to effectuate
an arrest or detainment that do not unreasonably increase the
risk posed to the law enforcement officer or another individual,
including verbal communication, distance, warnings, de-
escalation tactics and techniques, tactical repositioning and
other tactics and techniques intended to stabilize the situation
and reduce the immediacy of the risk so that more time, options
and resources can be called upon to resolve the situation
without the use of a firearm, taser, explosive device, chemical
agent, baton, impact projectile, blunt instrument, hand, fist,
foot, canine or vehicle against an individual.
"School entity." The term shall have the same meaning as
defined under section 1301-C of the act of March 10, 1949
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(P.L.30, No.14), known as the Public School Code of 1949.
"School police officer." As defined under section 1301-C of
the Public School Code of 1949.
"School resource officer." As defined under section 1301-C
of the Public School Code of 1949.
"School security guard." As defined under section 1301-C of
the Public School Code of 1949.
"School security personnel." School police officers, school
resource officers and school security guards.
"Serious bodily injury." Bodily injury that creates a
substantial risk of death or causes serious, permanent
disfigurement or