Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to pass a bill that requires police departments to conduct background checks of job applicants.

Highlights:

• Defines “applicant” as an individual applying for employment as a law enforcement officer or for a position leading to employment as a law enforcement officer (Sec. 1).

• Defines “commission” as the Municipal Police Officers’ Education and Training Commission (Sec. 1).

• Defines “employment information” as written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, and eligibility for rehire (Sec. 1).

• Defines “final and binding disciplinary action” as disciplinary action in which a law enforcement officer voluntarily accepts discipline (Sec. 1).

• Defines “law enforcement agency” as a law enforcement agency in this state that is the employer of a law enforcement officer and defines “prospective employing law enforcement agency” as a law enforcement agency that is considering employing a law enforcement officer (Sec. 1).

• Defines “separation records” as reporting records required to be maintained (Sec. 1).

• Requires a prospective employing law enforcement agency conduct a thorough background investigation on an applicant, including a review of the applicant’s employment information and separation records before employment (Sec. 1).

• Authorizes a prospective employing law enforcement agency to petition a court for the disclosure of the employment information if a law enforcement agency refuses to disclose employment information (Sec. 1).

• Exempts in the absence of fraud or malice a law enforcement agency from civil liability for any employment information released to a prospective employer law enforcement agency (Sec. 1).

• Requires an applicant to disclose to a prospective employing law enforcement agency whether or not a confidentiality agreement exists between the applicant and law enforcement agency, or whether employment information is sealed or subject to a court order (Sec. 1).

• Requires a law enforcement agency to maintain the following separation records (Sec. 1):

• Records of the reason or reasons for, and circumstances surrounding a separation of service for a law enforcement officer made publicly available on their website;

• Records of all the criminal charges filed against the law enforcement officer;

• Records of all civil or ethical complaints made against a law enforcement officer; and

• Records of the disposition of all charges and complaints, including final and binding disciplinary actions taken by the law enforcement agency against a law enforcement officer.

• Authorizes a law enforcement officer to request the correction or removal of a portion of their record if they believe the portion to be incorrect or false with written reasons and specifies that the removal request shall be made available on the commissions publicly accessible internet website (Sec. 1).

• Requires the commission to establish and maintain an electronic database containing the separation records that shall be accessible to all law enforcement agencies in the state (Sec. 1).

• Requires the law enforcement agency to submit separation records to the commission within 15 days of employment separation (Sec. 1).

• Specifies that any law enforcement agency that submits a separation record to the database in good faith shall be immune from civil liability for the subsequent disclosure of that record from the database (Sec. 1).

Full Bill Text