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PRINTER'S NO. 233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 279
Session of
2025
INTRODUCED BY STREET, KEARNEY, HUGHES, SCHWANK, COSTA, HAYWOOD
AND KANE, FEBRUARY 25, 2025
REFERRED TO JUDICIARY, FEBRUARY 25, 2025
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in employees, providing for use of
force and deadly force policy for law enforcement agencies;
imposing duties on the Municipal Police Officers' Education
and Training Commission; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subchapter C heading of Chapter 21 of Title 53 of
the Pennsylvania Consolidated Statutes is amended to read:
SUBCHAPTER C
[(Reserved)]
USE OF FORCE AND DEADLY FORCE POLICY
FOR LAW ENFORCEMENT AGENCIES
Section 2. Subchapter C of Chapter 21 of Title 53 is amended
by adding sections to read:
§ 2141. Policy.
It is the policy of the Commonwealth to provide law
enforcement agencies and law enforcement officers with clear
guidelines and training regarding the use of force and deadly
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force.
§ 2142. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Choke hold." A physical maneuver that restricts an
individual's ability to breathe for the purposes of
incapacitation.
"Commission." The Municipal Police Officers' Education and
Training Commission.
"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:
(1) Effectuate an arrest.
(2) Overcome resistance or threatened resistance to
effectuate an arrest.
(3) Protect the arresting officer or any other person
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." As the term "peace officer" is
defined under 18 Pa.C.S. § 501 (relating to definitions).
"Serious bodily injury." Bodily injury that creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of a bodily member or organ.
"Weapon." As follows:
(1) Anything readily capable of lethal use and possessed
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under circumstances not manifestly appropriate for lawful
uses which it may have.
(2) The term includes a firearm which is not loaded or
lacks a clip or other component to render it immediately
operable, and components which can readily be assembled into
a weapon.
§ 2143. Written policies required.
(a) Development and implementation.--Each law enforcement
agency shall develop and implement a written use-of-force policy
governing the procedures under which a law enforcement officer
should initiate, continue and terminate the use of force. The
policy:
(1) May be the model use-of-force policy endorsed by a
national or State organization or association that is
consistent with the requirements of this subchapter.
(2) Must reflect consideration of the guidelines under
this section.
(b) Intent of guidelines.--The guidelines under this
section:
(1) Are solely intended to direct law enforcement
agencies in developing use of force policies and outline the
content of these policies.
(2) Are not intended to mandate the actions of
individual law enforcement officers.
(c) Policy guidelines.--Each law enforcement agency use-of-
force policy must be consistent with current training and
certification standards and include the following procedural
elements:
(1) Decision-making criteria or principles for
initiation of force. These criteria or principles may
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include:
(i) The severity of the crime at issue.
(ii) If the suspect poses an immediate threat to the
safety of the law enforcement officer or others.
(iii) The potential for harm or immediate or
potential danger to others if the fleeing individual or
individuals escape.
(iv) If the suspect is actively resisting arrest or
attempting to evade arrest by flight.
(v) Safety factors that pose a risk to law
enforcement officers and other persons.
(vi) If the suspect is in possession of a weapon.
(vii) Other relevant information that the law
enforcement officer reasonably believes to be true at the
time.
(2) Responsibilities of law enforcement officers.
(3) Responsibilities of the field supervisor.
(4) Decision-making criteria or principles for
termination of force. The criteria or principles may include
safety factors that pose a risk to law enforcement officers
and other persons.
(5) Recordkeeping protocols for use-of-force incidents.
(d) Policy requirements.--Each law enforcement agency use-
of-force policy must prohibit the use of choke holds by law
enforcement officers except in cases in which deadly force is
authorized.
(e) Training governing use of force.--
(1) Before carrying a weapon, each law enforcement
officer must receive training and instruction with regard to
the proper use of force and to the law enforcement agency's
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policies and statutes with regard to force.
(2) The training and instruction under this subsection
shall continue on an annual basis and may include the
following criteria:
(i) A law enforcement officer shall carry and use
only authorized weapons unless circumstances exist which
pose an immediate threat to the safety of the law
enforcement officer or the public requiring the use of a
weapon or object that has not been authorized to counter
a threat.
(ii) With law enforcement agency approval, a law
enforcement officer may modify, alter or cause to be
altered an authorized weapon in the law enforcement
officer's possession or control.
(iii) A law enforcement officer should use
discretion to determine reasonable force options to bring
a suspect under control. A law enforcement officer is not
required to first attempt using types and degrees of
force that reasonably appear to be inadequate to
accomplish the intended objective.
(iv) A law enforcement officer may announce the
intention to use reasonable force.
(v) A law enforcement officer should consider
whether it is reasonably prudent to use de-escalation and
harm reduction techniques.
(f) Biennial certification.--
(1) Every other year, the commission shall certify
whether each law enforcement agency has a use-of-force policy
in effect.
(2) The commission shall provide the Pennsylvania State
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Police with a list of those law enforcement agencies that
have or have not notified or certified to the commission that
the law enforcement agency has a use-of-force policy.
(3) The biennial certification may be implemented
simultaneously with other certifications conducted by the
commission.
(g) Policy availability.--A use-of-force policy adopted
under this section must be:
(1) Posted on the publicly accessible Internet website
maintained by the law enforcement agency.
(2) Made available in physical form to a member of the
general public upon request.
(h) Limitations.--A law enforcement agency use-of-force
policy must be consistent with the requirements of 18 Pa.C.S.
Ch. 5 (relating to general principles of justification).
Section 3. This act shall take effect in 60 days.
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