§ 241.2. Definitions.
In addition to the definitions contained in the act, the following words and terms, when used in this chapter, have the following meanings:
Act—44 Pa.C.S. Chapter 73 (relating to law enforcement background investigations and employment information).
Coercion of a false confession—A violation of 18 Pa.C.S. § 2906 or § 5301 (relating to criminal coercion; and official oppression); an equivalent offense in another jurisdiction or behavior in violation of applicable agency policies.
Criminal conviction—A finding, verdict of guilt or the entering of a plea of guilty or nolo contendere, whether or not judgement of sentence has been imposed, including, without limitation, comparable dispositions as provided in other State or Federal laws. The term does not include a conviction which has been overturned, expunged pursuant to 18 Pa.C.S. Chapter 91 (relating to criminal history record information) or comparable process in another jurisdiction, or for which a person has been pardoned.
Discrimination—A violation of 18 U.S.C.A. § 242, regarding deprivation of rights under color of law, or behavior in violation of applicable agency policies prohibiting different treatment based on, but not limited to: race; color; religion; sex, including pregnancy, transgender status and sexual orientation; national origin; age, consisting of those 40 years of age or older; disability or genetic information.
Domestic violence—Conduct which includes but is not limited to:(1) Conduct which could form the basis for an arrest pursuant to 18 Pa.C.S. § 2711 (relating to probable cause arrests in domestic violence cases).
(2) An act that meets the definition of abuse in 23 Pa.C.S. § 6102 (relating to definitions).
(3) A violation of applicable agency policies prohibiting the use of physical, psychological or emotional abuse of a family or household member, sexual or intimate partner, or person who shares biological parenthood.
Employment status—Information indicating whether a law enforcement officer has been offered employment, is currently employed or was previously employed by the law enforcement agency.
Excessive force—A use of force by an individual within his or her scope of official law enforcement duties not otherwise permitted under 18 Pa.C.S. § 508 (relating to use of force in law enforcement), equivalent behavior in another jurisdiction or behavior in violation of applicable agency policies.
Filing a false report—Intentionally and knowingly submitting an official report or document the law enforcement officer knows to be false. This includes, but is not limited to, conduct which would be a violation of 18 Pa.C.S. § § 4101, 4104(a), 4904, 4905, 4906.1, 4910, 4911 or behavior in violation of applicable agency policies.
Harassment—A violation of 18 Pa.C.S. § 2709 or § 2709.1 (relating to harassment; and stalking), an equivalent offense in another jurisdiction, or behavior in violation of applicable agency policies.
Judicial finding of dishonesty—A finding by a court or judicial body that a law enforcement officer has engaged in conduct constituting a crime that involves deceit or falsification.
Sexual abuse—Conduct or behavior which would constitute a violation of 18 Pa.C.S. Chapter 31, Subchapter B (relating to definition of offenses), also including, but not limited to, 18 Pa.C.S. § § 2910, 3011(a)(1), 3011(a)(2), 5902(b), 5902(b.1), 5902(d), 6301(a)(1)(ii), 6312, 6318, 6320, or 7507.1, or an equivalent offense in another jurisdiction.
Sexual misconduct—Behavior of a sexual nature in violation of applicable agency policies.
Theft—A violation of 18 Pa.C.S. Chapter 39 (relating to theft and related offenses), an equivalent offense in another jurisdiction or a violation of applicable agency policies.
TACS—Training and Certification System—The secure web-based electronic database used to collect and retain information for programs managed by the Commission.
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