Pennsylvania Act 2002-127 — JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Oct. 17, 2002, P.L. 880, No. 127              Cl. 42
                             Session of 2002
                               No. 2002-127

     SB 138

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        declaration of policy regarding child victims and witnesses,
        for original jurisdiction and venue of courts of common
        pleas, for expenses for investigating grand juries and trials
        and for compensation and travel allowance for jurors;
        providing for venue in medical professional liability
        actions; and further providing for registration procedures
        and applicability, for sentencing court information and for
        duties of the Pennsylvania State Police.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 931(c) and 4553(b) of Title 42 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 931.  Original jurisdiction and venue.
        * * *
        (c)  Venue and process.--Except as provided by section 5101.1
     (relating to venue in medical professional liability actions)
     and Subchapter B of Chapter 85 (relating to actions against
     Commonwealth parties), the venue of a court of common pleas
     concerning matters over which jurisdiction is conferred by this
     section shall be as prescribed by general rule. The process of
     the court shall extend beyond the territorial limits of the
     judicial district to the extent prescribed by general rule.
     Except as otherwise prescribed by general rule, in a proceeding
     to enforce an order of a government agency the process of the
     court shall extend throughout this Commonwealth.
      § 4553.  Expenses of investigating grand juries and trials
                resulting therefrom.
        * * *
        (b)  Multicounty.--The expenses of any multicounty
     investigating grand jury shall be borne by the Commonwealth.
            (1)  Multicounty investigating grand jurors shall be
        compensated at the rate of $40 for each day that they report
        for service. Jurors shall be paid a travel allowance at the
        rate that an employee of the Office of Attorney General on
        official business would be reimbursed. Jurors shall receive
        payment of per diem meal expenses in the amounts of $6 for
        breakfast, $10 for lunch and $25 for dinner for any day or
        portion thereof that the person is serving as a juror. Only
        those persons who are required, because of the distance from
        their residence, to obtain overnight accommodations at the
        site of the multicounty investigating grand jury shall
        receive payment of a per diem for breakfast and dinner.
            (2)  [In addition, the] The costs and expenses resulting
        from any trial of a person against whom a presentment has
        been issued by a multicounty investigating grand jury shall
        be borne by the Commonwealth. Costs and expenses under this
        subsection include, but are not limited to, all reasonable
        costs incurred by the county for the services of the courts,
        the trial jury, the sheriff, the clerk of courts, the county
        prison, the district attorney and any public defender
        appointed by the court, and related costs and expenses
        incurred by the county in the course of the trial.
            (3)  Counties shall be reimbursed from the General Fund
        of the Commonwealth upon application to the State Treasurer
        through the Office of Attorney General pursuant to procedures
        prescribed by that office.
        Section 2.  Section 4561 of Title 42 is amended by adding a
     subsection to read:
      § 4561.  Compensation of and travel allowance for jurors.
        * * *
        (c)  Definition.--As used in this section, the term "jurors"
     does not apply to those persons summoned to serve on a
     multicounty investigating grand jury who are reimbursed under
     section 4553(b) (relating to expenses of investigating grand
     juries and trials resulting therefrom).
        Section 3.  Title 42 is amended by adding a section to read:
      § 5101.1.  Venue in medical professional liability actions.
        (a)  Declaration of policy.--In accordance with section
     514(a) of the act of March 20, 2002 (P.L.154, No.13), known as
     the Medical Care Availability and Reduction of Error (Mcare)
     Act, and as a matter of public policy, the General Assembly
     further declares the need to change the venue requirements for
     medical professional liability actions.
        (b)  General rule.--Notwithstanding any other provision to
     the contrary, a medical professional liability action may be
     brought against a health care provider for a medical
     professional liability claim only in the county in which the
     cause of action arose.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Birth center."  An entity licensed as a birth center under
     the act of July 19, 1979 (P.L.130, No.48), known as the Health
     Care Facilities Act.
        "Health care provider."  A primary health care center or a
     person, including a corporation, university or other educational
     institution licensed or approved by the Commonwealth to provide
     health care or professional medical services as a physician, a
     certified nurse midwife, a podiatrist, hospital, nursing home,
     birth center and, except as to section 711(a) of the act of
     March 20, 2002 (P.L.154, No.13), known as the Medical Care
     Availability and Reduction of Error (Mcare) Act, an officer,
     employee or agent of any of them acting in the course and scope
     of employment.
        "Hospital."  An entity licensed as a hospital under the act
     of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
     Code, or the act of July 19, 1979 (P.L.130, No.48), known as the
     Health Care Facilities Act.
        "Medical professional liability action."  Any proceeding in
     which a medical professional liability claim is asserted,
     including an action in a court of law or an arbitration
     proceeding.
        "Medical professional liability claim."  Any claim seeking
     the recovery of damages or loss from a health care provider
     arising out of any tort or breach of contract causing injury or
     death resulting from the furnishing of health care services
     which were or should have been provided.
        "Nursing home."  An entity licensed as a nursing home under
     the act of July 19, 1979 (P.L.130, No.48), known as the Health
     Care Facilities Act.
        "Primary health care center."  A community-based nonprofit
     corporation meeting standards prescribed by the Department of
     Health which provides preventive, diagnostic, therapeutic and
     basic emergency health care by licensed practitioners who are
     employees of the corporation or under contract to the
     corporation.
        Section 4.  Sections 5981, 9795.2(a) and (c), 9795.3 and
     9799.1(4) are amended to read:
      § 5981.  Declaration of policy.
        In order to promote the best interests of the children of
     this Commonwealth, especially those children who are material
     witnesses to or victims of crimes, and in order to implement the
     constitutional amendment adopted on November 7, 1995, the
     General Assembly declares its intent, in this subchapter, to
     provide these children, where necessity is shown, procedures
     which will protect them during their involvement with the
     criminal justice system. The General Assembly urges the news
     media to use significant restraint and caution in revealing the
     identity or address of children who are victims of or witnesses
     to crimes[.] or other information that would reveal the name or
     address of the child victim or witness.
      § 9795.2.  Registration procedures and applicability.
        (a)  Registration.--
            (1)  Offenders and sexually violent predators shall be
        required to register [all current residences or intended
        residences] with the Pennsylvania State Police upon release
        from incarceration, upon parole from a State or county
        correctional institution or upon the commencement of a
        sentence of intermediate punishment or probation. For
        purposes of registration, offenders and sexually violent
        predators shall provide the Pennsylvania State Police with
        all current or intended residences, all information
        concerning current or intended employment and all information
        concerning current or intended enrollment as a student.
            (2)  Offenders and sexually violent predators shall
        inform the Pennsylvania State Police within ten days of [a
        change of residence.]:
                (i)  Any change of residence or establishment of an
            additional residence or residences.
                (ii)  Any change of employer or employment location
            for a period of time that will exceed 14 days or for an
            aggregate period of time that will exceed 30 days during
            any calendar year, or termination of employment.
                (iii)  Any change of institution or location at which
            the person is enrolled as a student, or termination of
            enrollment.
                (iv)  Becoming employed or enrolled as a student if
            the person has not previously provided that information
            to the Pennsylvania State Police.
            (2.1)  Registration with a new law enforcement agency
        shall occur no later than ten days after establishing
        residence in another state.
            (3)  The ten-year registration period required in section
        9795.1(a) (relating to registration) shall be tolled when an
        offender is recommitted for a parole violation or sentenced
        to an additional term of imprisonment. In such cases, the
        Department of Corrections or county correctional facility
        shall notify the Pennsylvania State Police of the admission
        of the offender.
            (4)  This paragraph shall apply to all offenders and
        sexually violent predators:
                (i)  Where the offender or sexually violent predator
            was granted parole by the Pennsylvania Board of Probation
            and Parole or the court or is sentenced to probation or
            intermediate punishment, the board or county office of
            probation and parole shall collect registration
            information from the offender or sexually violent
            predator and forward that registration information to the
            Pennsylvania State Police. The Department of Corrections
            or county correctional facility shall not release the
            offender or sexually violent predator until it receives
            verification from the Pennsylvania State Police that it
            has received the registration information. Where the
            offender or sexually violent predator is scheduled to be
            released from a State correctional facility or county
            correctional facility because of the expiration of the
            maximum term of incarceration, the Department of
            Corrections or county correctional facility shall collect
            the information from the offender or sexually violent
            predator no later than ten days prior to the maximum
            expiration date. The registration information shall be
            forwarded to the Pennsylvania State Police.
                (ii)  Where the offender or sexually violent predator
            scheduled to be released from a State correctional
            facility or county correctional facility due to the
            maximum expiration date refuses to provide the
            registration information, the Department of Corrections
            or county correctional facility shall notify the
            Pennsylvania State Police or police department with
            jurisdiction over the facility of the failure to provide
            registration information and of the expected date, time
            and location of the release of the offender or sexually
            violent predator.
        * * *
        (c)  Registration information to local police.--The
     Pennsylvania State Police shall provide the information obtained
     under this section and sections 9795.3 (relating to sentencing
     court information) and 9796 (relating to verification of
     residence) to the chief law enforcement [officer of the police
     department municipality] officers of the police departments of
     the municipalities in which the individual will reside, be
     employed or enrolled as a student. In addition, the Pennsylvania
     State Police shall provide this officer with the address at
     which the individual will reside, be employed or enrolled as a
     student following his release from incarceration, parole or
     probation.
        * * *
      § 9795.3.  Sentencing court information.
        The sentencing court shall inform offenders and sexually
     violent predators at the time of sentencing of the provisions of
     this subchapter. The court shall:
            (1)  Specifically inform the offender or sexually violent
        predator of the duty to register and provide the information
        required for each registration, including verification as
        required in section 9796(a) (relating to verification of
        residence).
            (2)  Specifically inform the offender or sexually violent
        predator of the duty to inform the Pennsylvania State Police
        within ten days if the offender or sexually violent predator
        changes residence[.] or establishes an additional residence
        or residences, changes employer or employment location for a
        period of time that will exceed 14 days or for an aggregate
        period of time that will exceed 30 days during any calendar
        year or terminates employment or changes institution or
        location at which the person is enrolled as a student or
        terminates enrollment.
            (2.1)  Specifically inform the offender or sexually
        violent predator of the duty to inform the Pennsylvania State
        Police within ten days of becoming employed or enrolled as a
        student if the person has not previously provided that
        information to the Pennsylvania State Police.
            (3)  Specifically inform the offender or sexually violent
        predator of the duty to register with a new law enforcement
        agency if the offender or sexually violent predator moves to
        another state no later than ten days after establishing
        residence in another state.
            (4)  Order the fingerprints and photograph of the
        offender or sexually violent predator to be provided to the
        Pennsylvania State Police upon sentencing.
            (5)  Specifically inform the offender or sexually violent
        predator of the duty to register with the appropriate
        authorities in any state in which the offender or sexually
        violent predator is employed, carries on a vocation or is a
        student if the state requires such registration.
            (6)  Require the offender or sexually violent predator to
        read and sign a form stating that the duty to register under
        this subchapter has been explained. Where the offender or
        sexually violent predator is incapable of reading, the court
        shall certify the duty to register was explained to the
        offender or sexually violent predator and the offender or
        sexually violent predator indicated an understanding of the
        duty.
      § 9799.1.  Duties of Pennsylvania State Police.
        The Pennsylvania State Police shall:
            * * *
            (4)  Notify, within 72 hours of receiving the offender's
        or the sexually violent predator's registration, the chief
        law enforcement [officer of the police department having
        primary jurisdiction of the municipality] officers of the
        police departments having primary jurisdiction of the
        municipalities in which an offender or sexually violent
        predator resides, is employed or enrolled as a student of the
        fact that the offender or sexually violent predator has been
        registered with the Pennsylvania State Police pursuant to
        sections 9795.2 (relating to registration procedures and
        applicability) and 9796 (relating to verification of
        residence).
            * * *
        Section 5.  The amendment or addition of 42 Pa.C.S §§ 931(c)
     and 5101.1 shall apply to all medical professional liability
     actions filed on or after the effective date of this section.
        Section 6.  This act shall take effect as follows:
            (1)  The following provisions shall take effect
        immediately:
                (i)  The amendment of 42 Pa.C.S. § 4553(b).
                (ii)  This section.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 17th day of October, A. D. 2002.

     MARK S. SCHWEIKER