{"id":"DUT-PA-010","kind":"duty","level":"state","jurisdiction":"Pennsylvania","state":"PA","metro":"","industry":"","agency":"","eco":"","issuer":"Commonwealth of Pennsylvania (letter to the law-enforcement community and District Attorneys, published by the Pennsylvania State Police)","authority":"Orders of the Governor and the Secretary of Health of Mar. 19, 2020 (PA-002, PA-003); 35 Pa.C.S. sec. 7301; 35 P.S. secs. 521.5, 521.20; 71 P.S. sec. 1409; 18 Pa.C.S. sec. 5101","instrument":"Enforcement guidance (letter)","title":"Business Closure Order Enforcement Guidance (letter to law enforcement executives and District Attorneys)","dateIssued":"2020-03-23","effective":"2020-03-23 08:00 a.m. (enforcement of the closure orders)","end":"With the closure orders (phased out May 8 to July 3, 2020 by PA-010, PA-011 and their amendments); the statutory provisions it identifies are standing","startDate":"2020-03-23","endDate":"2020-07-03","quarters":["2020Q2","2020Q3"],"types":["CLOSE","DUTY"],"addressees":["businesses; persons generally"],"clause":"Thus, pursuant to 71 P.S. § 1409, any person that fails to abide by the Orders, or any other order of the Department of Health or who resists or interferes with any officer or agent thereof in the performance of his or her duties, is in violation of 71 P.S. § 1409, and subject to the criminal penalties stated therein.","enforcement":"71 P.S. sec. 1409 ($10-$50 and costs; 30 days in default); 35 P.S. sec. 521.20(a) ($25-$300; 30 days in default); 28 Pa. Code sec. 27.8(a); 18 Pa.C.S. sec. 5101 (misdemeanor of the second degree); Liquor Code suspension and revocation","functions":[],"notes":"Told every police department and District Attorney that the closure orders \u0027are enforceable through criminal penalties, under the Disease Control and Prevention Law of 1955 and the Administrative Code of 1929,\u0027 that \u0027citations for businesses in violation of the Orders would reference 71 P.S. sec. 1409 and/or 35 P.S. sec. 521.20(a),\u0027 that 18 Pa.C.S. sec. 5101 (obstructing administration of law) was available \u0027for more serious violators,\u0027 that sec. 521.20(b) \u0027provides authority for local law enforcement agencies to issue citations,\u0027 and that enforcement \u0027will be progressive,\u0027 beginning \u0027with a warning\u0027 and \u0027prioritized to focus on businesses where people congregate.\u0027 Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).","sourceUrl":"https://www.psp.pa.gov/Documents/Public%20Documents/Letter%20LEO%20Community.pdf","snapshot":"http://web.archive.org/web/20200402004551/https://www.psp.pa.gov/Documents/Public%20Documents/Letter%20LEO%20Community.pdf","fileExists":true,"fileBytes":99481,"grade":"primary","character":"agency_position_statement","description":"","collection":"DUT-PA","url":"/library/DUT-PA-010","exhibitUrl":"/exhibit/DUT-PA-010","citation":"Commonwealth of Pennsylvania (letter to the law-enforcement community and District Attorneys, published by the Pennsylvania State Police), Enforcement guidance (letter) (standing) (Ex. DUT-PA-010)","stateName":"Pennsylvania","related":["PA-010","PA-011","PA-054","PA-059","DUT-PA-001","DUT-PA-003","DUT-PA-004","DUT-PA-007","DUT-PA-008","DUT-PA-009","DUT-PA-018","DUT-PA-020"]}