Pennsylvania SB 1047: An Act providing for a full and independent investigation into a use of deadly force by a police officer.

Bill Text

PRINTER'S NO. 1234
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1047
Session of
2025
INTRODUCED BY HAYWOOD, HUGHES, STREET, SAVAL, KEARNEY, SCHWANK,
COSTA, KANE AND L. WILLIAMS, OCTOBER 15, 2025
REFERRED TO LAW AND JUSTICE, OCTOBER 15, 2025
AN ACT
Providing for a full and independent investigation into a use of
deadly force by a police officer.
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 Community and
Police Response Act.
Section 2. 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:
"Involved police department." A police department that
employs an involved police officer.
"Involved police officer." A police officer that is being
investigated for the use of deadly force.
"Police department." Any of the following:
(1) A police department as defined in 53 Pa.C.S. § 2162
(relating to definitions).
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(2) The Pennsylvania State Police.
"Police officer." Any of the following:
(1) A police officer as defined in 53 Pa.C.S. § 2162.
(2) A member of the Pennsylvania State Police.
"Use of deadly force." An incident in which a police officer
applied a use of force and a death occurred as a result.
"Use of force." As described in 18 Pa.C.S. § 508 (relating
to use of force in law enforcement).
Section 3. Application.
This act applies to a use of deadly force by a police
officer.
Section 4. Full and independent investigation.
(a) Selection of team.--The district attorney of the county
in which a use of deadly force occurred shall assemble and lead
a team, unrelated to the involved police department, of law
enforcement personnel and experts to conduct a full and
independent investigation into the use of deadly force by an
involved police officer in accordance with this act. The
district attorney may request that the Attorney General perform
an investigation authorized under this act in accordance with
section 205(a)(3) of the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act.
(b) Prohibition.--Except as provided under subsection (c),
once an involved police department transfers jurisdiction to the
district attorney to investigate the involved police department,
no member of the involved police department may participate in
the independent investigation unless the following conditions
apply:
(1) Participation is requested by the district attorney.
(2) Participation is in a limited capacity and only as
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the district attorney deems necessary for the investigation.
(c) Investigation of departmental directives.--An involved
police department shall investigate an involved police officer
for violations of departmental directives.
(d) Powers and duties of district attorney.--
(1) As part of the investigation under this section, the
district attorney shall, without limitation:
(i) Secure and take jurisdiction of the scene of the
use of deadly force upon arrival as soon as possible.
(ii) Gather and analyze evidence.
(iii) Conduct witness interviews.
(iv) Review and commission any necessary
investigative or scientific reports.
(v) Review audio and video recordings.
(vi) Review photographs.
(vii) Review physical evidence.
(viii) Review geolocation and electronic evidence.
(2) The district attorney shall maintain public trust in
law enforcement by ensuring that the investigation under this
section is conducted without actual bias or conflict of
interest and without an appearance of bias or conflict of
interest.
(3) The district attorney shall exercise all other
existing powers and duties of jurisdiction relative to any
investigation of the involved police department over the
scene of the use of deadly force.
(4) The district attorney shall complete the
investigation under this section within either of the
following time frames:
(i) Within 90 days of the use of deadly force.
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(ii) If referred to an investigating grand jury,
within 12 months of the referral or the end of the
investigating grand jury's term, whichever is sooner.
(5) Upon completion of the investigation under this
section, the district attorney shall publish the findings of
the investigation on the publicly accessible Internet website
of the office of district attorney, subject to any exemptions
from access under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, or 18 Pa.C.S. Ch. 91
(relating to criminal history record information).
(e) Compliance.--The involved police department shall have a
duty to comply with the requests of the district attorney
related to the investigation under this section.
Section 5. Referral and report.
(a) Co