§ 8951 — Definitions

Pennsylvania § 8951

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VIII
• Ch. 89: COMMENCEMENT OF PROCEEDINGS
• Subch.: MUNICIPAL POLICE JURISDICTION

Text

The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Chief law enforcement officer."The head of a duly constituted municipal law enforcement agency which regularly provides primary police services to a political subdivision or, in the absence of any such municipal law enforcement agency, the commanding officer of the Pennsylvania State Police installation which regularly provides primary police services to the political subdivision.

"Municipal police officer."Any natural person who is properly employed by a municipality, including a home rule municipality, as a regular full-time or part-time police officer.

"Nonmunicipal police department."The term shall have the same meaning as paragraphs (2), (3), (4), (5) and (6) in the definition of "police department" in 53 Pa.C.S. § 2162 (relating to definitions) and shall include the Office of Attorney General.

"Nonmunicipal police officer."A police officer employed by a nonmunicipal police department as a regular full-time or part-time police officer and an agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions).

"Primary jurisdiction."The geographical area within the territorial limits of a municipality or any lawful combination of municipalities which employs a municipal police officer and, in the case of a county of the third class that has established a county park police force in accordance with the provisions of section 2511 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, the geographical area designated by ordinance of its board of county commissioners as the jurisdictional area for the county park police.

"Training law."The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.

Legislative History

(Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Mar. 14, 2014, P.L.38, No.18, eff. imd.; June 28, 2018, P.L.415, No.57, eff. 60 days) 2018 Amendment.Act 57 added the defs. of "nonmunicipal police department" and "nonmunicipal police officer." 2014 Amendment.Act 18 reenacted the def. of "primary jurisdiction."See section 1 of Act 18 in the appendix to this title for special provisions relating to legislative findings and declarations. 2013 Unconstitutionality.Act 152 of 2004 was declared unconstitutional.Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014. References 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 the def. of "training law," was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally). The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in the def. of "primary jurisdiction," was repealed by the act of May 8, 2024, P.L.50, No.14. The subject matter is now contained in section 16511 of Title 16 (Counties). Cross References.Section 8951 is referred to in sections 9799.36, 9799.70 of this title; section 1115 of Title 3 (Agriculture); section 6109 of Title 18 (Crimes and Offenses).