GENERAL PROVISIONS


§ 21.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Lethal Weapons Training Act (22 P. S. § §  41—50).

   Certification—The Commissioner’s written authorization under the act and this chapter.

   Certification card—A laminated wallet or billfold size, written authorization issued by the Commissioner which identifies the bearer as being a certified agent.

   Certified agent—A privately employed agent who possesses a current and valid certification issued by the Commissioner.

   Commissioner—The Commissioner of the Pennsylvania State Police.

   Conviction—Includes being found guilty, or entering a plea of guilty or nolo contendere to a crime in a court of competent jurisdiction in this Commonwealth or elsewhere.

   Crime of violence—Any of the following crimes, or an attempt, solicitation or conspiracy to commit any of the same in this Commonwealth or elsewhere, namely: murder, rape, aggravated assault, robbery, burglary, entering a building with intent to commit a crime therein, kidnapping, voluntary manslaughter, involuntary deviate sexual intercourse, arson, recklessly endangering another person or terroristic threats.

   Department—The Pennsylvania State Police.

   Disqualifying criminal offense

     (i)   A conviction for a crime of violence shall be a disqualifying criminal offense; or

     (ii)   A conviction for any other crime may be a disqualifying criminal offense. Note: Conviction of a criminal offense which is equivalent to subparagraphs (i) and (ii) may constitute a disqualifying criminal offense.

   Firearm—A pistol, revolver, rifle or shotgun.

   Full-time police officer—A person who is employed by a city, borough, town, township or county police department (including sheriffs, deputy sheriffs and county detectives) assigned to law enforcement duties, and who works a minimum of 200 calendar days per year. The term does not include persons employed to check parking meters or to perform only administrative duties, nor does it include auxiliary and fire police. For the purposes of §  21.16 (relating to exemption for retired police officers), the term includes a person employed by the Pennsylvania State Police.

   Instructional hour—At least 50 minutes of a clock hour.

   Law enforcement officer—A sheriff, deputy sheriff, constable, deputy constable, detective, police officer of this Commonwealth, or any political subdivision, school district, or municipal authority thereof.

   Lethal weapons—Include, but are not limited to, firearms and other weapons calculated to produce death or serious bodily harm. A concealed billy club is a lethal weapon. The chemical mace or any similar substance shall not be considered as a lethal weapon for the purposes of the act. For purposes of this chapter, a nonconcealed billy club shall also be considered a lethal weapon.

   Privately employed agent—Any person who is employed for the purpose of providing watchguard, protective patrol, detective or criminal investigative services either for another for a fee or for his employer. Privately employed agents do not include local, State or Federal government employes or those police officers commissioned by the Governor under 22 Pa.C.S. § §  3301—3305 (relating to railroad and street railway police), while performing their public/railroad employment duties. The term shall include a police officer of a municipal authority.

   Program—The education and training program established, administered or approved by the Commissioner under the act.

   Revocation—The permanent invalidation of certificate/ approval issued by the Commissioner.

   Suspension—The temporary invalidating of a certificate/approval issued by the Commissioner.

Cross References

   This section cited in 37 Pa. Code §  21.15 (relating to exemption for active full-time police officers).



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