PDAA Statement on Legislative Fix to Hlubin Decision

July 3, 2019

Yesterday, the Governor signed legislation designed to address the problems caused by the recent PA Supreme Court decision in Commonwealth v. Hlubin. The legislation is House Bill 1614 of 2019 and it takes effect immediately. You will recall that in the Hlubin decision (May 31, 2019), the Court held that DUI task forces made up of law enforcement officials from different municipalities were subject to the requirements of the Intergovernmental Cooperation Act (ICA), which required an ordinance by each of the municipalities participating.  The decision immediately threw into doubt the legality of existing DUI task forces, including inter-municipal check-points, but also raised potential problems with other task forces that relied on law enforcement from multiple jurisdictions.

The enacted legislation, which is enclosed, addressed this problem and specifically provides that the ICA does not apply in these circumstances. Further, it specifically provides jurisdiction to law enforcement to participate in task forces if their law enforcement agency has approved the participation. Enactment of the legislation is the result of tremendous collaboration with the Judiciary Chairs (prime sponsor Rob Kauffman, Tim Briggs, Lisa Baker, and Larry Farnese), House and Senate Leadership, and the Office of the Attorney General.

You can find the legislation here.