Pennsylvania Act 1951-561 — PROVIDING FOR AUXILIARY POLICE

Act text

PROVIDING FOR AUXILIARY POLICE
             Act of Jan. 14, (1952) 1951, P.L. 2016, No. 561          Cl. 53
                                  AN ACT

     Providing for supplementing the police forces of cities,
        boroughs, towns and townships, for the appointment, powers
        and control of auxiliary police therein, and for the transfer
        during disasters and emergencies of such auxiliary police,
        members of the regular police forces, and police equipment
        thereof.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The following words when used in this act shall
     have the following meanings:
        (1)  "Municipality" means city, borough, town and township.
        (2)  "Chief of police" means the chief or head of the police
     force of any municipality.
        Section 2.  (a)  The chief of police of any municipality may
     nominate persons as auxiliary policemen who have satisfactorily
     completed such training as he may prescribe.
        (b)  All such persons so nominated shall, before they enter
     upon their duties, be confirmed and sworn by the mayor of the
     city, the burgess of the borough or town, or the chairman of
     commissioners or supervisors of the townships.
        (c)  Auxiliary policemen shall serve at the pleasure of the
     chief of police of the municipality nominating them.
        Section 3.  No person shall be nominated, affirmed or sworn
     as an auxiliary policeman under this act who is not a citizen of
     the United States, or who advocates or has advocated a change by
     force or violence in the constitutional form of government of
     the United States or in this State, or the overthrow of any
     government in the United States by force or violence, or who has
     been convicted of or is under indictment or information charging
     any subversive act against the United States or felony. Each
     person who is appointed to serve as an auxiliary policeman
     shall, before entering upon his duties, take an oath in writing
     before a person authorized to administer oaths in this State,
     which oath shall be substantially as follows:
     "I,                               , do solemnly swear (or affirm)
     that I will support and defend the Constitution of the United
     States and the Constitution of the State of Pennsylvania against
     all enemies, foreign and domestic; that I will bear true faith
     and allegiance to the same; that I take this obligation freely,
     without any mental reservation or purpose of evasion; and that
     I will well and faithfully discharge the duties upon which I am
     about to enter.
     And I do further swear (or affirm) that I do not advocate, nor am
     I a member or an affiliate of any organization, group or
     combination of persons that advocates, the overthrow of the
     Government of the United States or of this State by force or
     violence; and that during such time as I am a member of the
     auxiliary police I will not advocate nor become a member nor
     an affiliate of any organization, group or combination of
     persons that advocates, the overthrow of the Government of the
     United States or of this State by force or violence."
        Section 4.  The mayor of any city, the burgess of any borough
     or town, and the chairman of commissioners or supervisors of any
     township, may call the auxiliary police to active duty during
     any period of distress, disaster or emergency, except in cases
     of labor disturbances.
        Section 5.  (a)  Auxiliary policemen on active duty shall
     have the same powers as regular police officers of the
     municipality in which they are serving, and shall perform such
     other duties as may be assigned to them by the chief of police.
        (b)  Auxiliary policemen when on active duty in a
     municipality other than the one in which appointed shall have
     the same powers in such municipality as regular police officers
     thereof.
        (c)  The powers herein conferred may be exercised by
     auxiliary policemen only after they report for active duty and
     until they are relieved from duty.
        Section 6.  Upon the occurrence of any disaster or emergency
     other than a labor disturbance in any municipality, the chief
     executive officer thereof may request the Governor for the
     emergency assignment of police equipment, auxiliary police and
     members of the regular police forces from other municipalities
     for the period of such emergency. If the Governor approves such
     request, he shall direct the Commissioner of the Pennsylvania
     State Police to order the chief executive officers of as many
     municipalities as may be necessary to transfer and such
     officials shall transfer police equipment, auxiliary police and
     members of the regular police force to the requesting
     municipality, in sufficient numbers and amounts to aid in
     meeting the disaster or emergency. During such period, the
     transferred police and equipment shall be under the jurisdiction
     of the chief of police of the municipality to which they are
     transferred. Such transferred police shall have the same powers
     as regular police officers of the municipality to which they are
     transferred.
        Section 7.  The provisions of this act shall become effective
     immediately upon final enactment.