County Sheriffs Seeking Policing Powers

Thu February 21, 2008 - Harrisburg

In other states they are the law. But in Pennsylvania, county sheriffs can't make an arrest unless they witnessed the crime.

State lawmakers are considering a bill that gives sheriffs and their deputies the same powers as police officers. Thursday the House Judiciary Committee held a public hearing on the legislation. The hearing room at the State Capitol was packed with sheriffs from all over Pennsylvania in a show of support.

In every Pennsylvania county except one, the sheriff's office is responsible for courthouse security, transporting prisoners and executing warrants. A State Supreme Court ruling two years ago made it clear, sheriff's deputies can not conduct investigations or enforce the law. House Bill 466 would change that. Pa. Sheriff's Association President Bob Merski told lawmakers, "We got these two decisions and now it's taken the knees right out of the sheriff's offices. The deputies can't go out there and do their job. It's a common sense bill." Sheriff Merski also said rural counties with few municipal police departments would benefit the most. The Sheriff's Association conducted a poll that found 65 percent of the public supports the bill.

Montour County District Attorney Robert Buehner testified in favor of the legislation, "Pennsylvania's sheriffs are educated, they're trained, they're professional and most importantly, they're damn courageous." But Buehner is a D.A. in the minority. The Pennsylvania District Attorneys Association polled its members and found a majority have problems with the way the bill is written. Cumberland County D.A. Dave Freed told lawmakers they have concerns about the training for sheriff's deputies, "And we need to know that everybody's been consistently trained and they are effective in our duties."

Pennsylvania State Police and the Pennsylvania Attorney General's Office have the same concerns about the level of training. There's also the question of whether the bill gives sheriffs too much authority. Committee Chief Counsel William Andring observed, "There's nothing in this bill that let's the county commissioners say, wait a minute, maybe it's not a good idea to give our deputy sheriffs that kind of broadbased power with no control by the country over that."

House Bill 466 was introduced a year ago and referred to the Judiciary Committee for consideration.

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