JARA CONTINUATION ACT OF 1980 — 1980 Pa. Act 142 (historical enacted text)

Historical Act text part 1

SENATE AMENDED
PRIOR PRINTER'S NO. 2317 PRINTER'S NO. 3650
INTRODUCED BY MR. SCIRICA, OCTOBER 17, 1979
SENATOR O'PAKE, JUDICIARY, IN SENATE, AS AMENDED, JUNE 24, 1980
AN ACT <--
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 costs in civil and criminal cases.
4 A SUPPLEMENT <--
5 TO THE ACT OF JULY 9, 1976 (P.L.586, NO.142), ENTITLED "AN ACT
6 AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE), 15
7 (CORPORATIONS AND UNINCORPORATED ASSOCIATIONS), 18 (CRIMES
8 AND OFFENSES) AND 71 (STATE GOVERNMENT) OF THE PENNSYLVANIA
9 CONSOLIDATED STATUTES, ADDING REVISED, CODIFIED AND COMPILED
10 PROVISIONS RELATING TO JUDICIARY AND JUDICIAL PROCEDURE,
11 INCLUDING CERTAIN JUDICIALLY ENFORCEABLE RIGHTS, DUTIES,
12 IMMUNITIES AND LIABILITIES AND SEPARATELY ENACTING CERTAIN
13 RELATED PROVISIONS OF LAW," ADDING CERTAIN PROVISIONS OF
14 EXISTING LAW TO AND MAKING CONFORMING, REDESIGNATION AND
15 EDITORIAL CHANGES IN CERTAIN PROVISIONS OF THE PENNSYLVANIA
16 CONSOLIDATED STATUTES, MAKING REVISIONS, CORRECTIONS AND
17 ADDITIONS RELATING TO JUDICIARY AND JUDICIAL PROCEDURE,
18 INCLUDING CERTAIN JUDICIALLY ENFORCEABLE RIGHTS, DUTIES,
19 IMMUNITIES AND LIABILITIES, AND REPEALING CERTAIN ACTS AND
20 PARTS OF ACTS SUPPLIED BY THE ACT AS HERETOFORE SUPPLEMENTED
21 AND AS SUPPLEMENTED HEREBY.
22 TABLE OF CONTENTS
23 ARTICLE I. PRELIMINARY PROVISIONS
24 SECTION 101. SHORT TITLE.
25 ARTICLE II. CODIFICATION OF CERTAIN ACTS AND OTHER
26 ACTION OF THE 1977-80 GENERAL ASSEMBLIES
1 AND RELATED MATTERS
2 SECTION 201. CODIFICATION OF ACT NO. 1977-20.
3 SECTION 202. CODIFICATION OF ACT NO. 1977-38.
4 SECTION 203. CODIFICATION OF ACT NO. 1977-92.
5 SECTION 204. CODIFICATION OF ACT NO. 1978-6.
6 SECTION 205. (RESERVED).
7 SECTION 206. CODIFICATION OF ACT NO. 1978-38.
8 SECTION 207. CODIFICATION OF ACT NO. 1978-46.
9 SECTION 208. CODIFICATION OF ACT NO. 1978-47.
10 SECTION 209. CODIFICATION OF REFERENDUM OF MAY 16, 1978.
11 SECTION 210. CODIFICATION OF ACT NO. 1978-140.
12 SECTION 211. CODIFICATION OF ACT NO. 1978-149.
13 SECTION 212. CODIFICATION OF ACT NO. 1978-165.
14 SECTION 213. CONFORMING AMENDMENT RESPONSIVE TO
15 ACT NO. 1978-168.
16 SECTION 214. CODIFICATION OF ACT NO. 1978-255.
17 SECTION 215. (RESERVED).
18 SECTION 216. CODIFICATION OF ACT NOS. 1978-271 AND 1979-50.
19 SECTION 217. CODIFICATION OF ACT NO. 1978-296.
20 SECTION 218. CODIFICATION OF ACT NO. 1978-319.
21 SECTION 219. CODIFICATION OF ACT NO. 1978-324.
22 SECTION 220. CODIFICATION OF ACT NO. 1978-325.
23 SECTION 221. CODIFICATION OF ACT NOS. 1978-330, 1978-152
24 AND 1980-43.
25 SECTION 222. CODIFICATION OF ACT NO. 1980-19.
26 ARTICLE III. REPEALS OF INCONSISTENT LEGISLATION
27 SECTION 301. LANGUAGE AFFECTED BY ACT NO. 1977-25.
28 SECTION 302. LANGUAGE ADDED BY ACT NO. 1977-30.
29 SECTION 303. LANGUAGE ADDED BY ACT NO. 1977-38.
30 SECTION 304. LANGUAGE AFFECTED BY ACT NO. 1977-48.
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1 SECTION 305. LANGUAGE ADDED BY ACT NO. 1978-3.
2 SECTION 306. LANGUAGE AFFECTED BY ACT NO. 1978-36.
3 SECTION 307. LANGUAGE AFFECTED BY ACT NO. 1978-45.
4 SECTION 308. LANGUAGE ADDED AND AFFECTED BY ACT NO. 1978-52.
5 SECTION 309. LANGUAGE AFFECTED BY ACT NO. 1978-53.
6 SECTION 310. LANGUAGE ADDED BY ACT NO. 1978-71.
7 SECTION 311. LANGUAGE AFFECTED BY ACT NO. 1978-80.
8 SECTION 312. LANGUAGE ADDED BY ACT NO. 1978-93.
9 SECTION 313. LANGUAGE AFFECTED BY ACT NO. 1978-101.
10 SECTION 314. LANGUAGE AFFECTED BY ACT NO. 1978-102.
11 SECTION 315. LANGUAGE ADDED BY ACT NO. 1978-116.
12 SECTION 316. LANGUAGE ADDED BY ACT NO. 1978-140.
13 SECTION 317. LANGUAGE ADDED BY ACT NO. 1978-143.
14 SECTION 318. LANGUAGE ADDED BY ACT NO. 1978-166.
15 SECTION 319. LANGUAGE ADDED BY ACT NO. 1978-167.
16 SECTION 320. LANGUAGE ADDED BY ACT NO. 1978-169.
17 SECTION 321. LANGUAGE ADDED BY ACT NO. 1978-192.
18 SECTION 322. LANGUAGE ADDED BY ACT NO. 1978-248.
19 SECTION 323. LANGUAGE ADDED BY ACT NO. 1978-255.
20 SECTION 324. LANGUAGE AFFECTED BY ACT NO. 1978-260.
21 SECTION 325. LANGUAGE ADDED BY ACT NO. 1978-274.
22 SECTION 326. LANGUAGE ADDED BY ACT NO. 1978-280.
23 SECTION 327. LANGUAGE AFFECTED BY ACT NO. 1978-296.
24 SECTION 328. LANGUAGE ADDED BY ACT NO. 1978-299.
25 SECTION 329. LANGUAGE ADDED BY ACT NO. 1978-314.
26 SECTION 330. LANGUAGE ADDED BY ACT NO. 1978-319.
27 SECTION 331. LANGUAGE ADDED BY ACT NO. 1978-324.
28 SECTION 332. LANGUAGE ADDED BY ACT NO. 1978-325.
29 SECTION 333. LANGUAGE ADDED BY ACT NO. 1978-330.
30 SECTION 334. LANGUAGE ADDED BY ACT NO. 1978-334.
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1 SECTION 335. LANGUAGE ADDED BY ACT NO. 1979-5.
2 SECTION 336. LANGUAGE ADDED BY ACT NO. 1979-48.
3 SECTION 337. LANGUAGE ADDED BY ACT NO. 1980-48.
4 ARTICLE IV. TRANSFER OF CHAPTER 13
5 OF TITLE 18 TO TITLE 42
6 SECTION 401. TRANSFER OF CHAPTER 13 OF TITLE 18 TO TITLE 42.
7 SECTION 402. CONFORMING AMENDMENTS TO TITLES 42 AND 75.
8 ARTICLE V. MISCELLANEOUS AMENDMENTS TO TITLE 42
9 SECTION 501. MISCELLANEOUS AMENDMENTS TO TITLE 42.
10 ARTICLE VI. MISCELLANEOUS PROVISIONS
11 SECTION 601. APPLICABILITY OF STATUTORY CONSTRUCTION ACT.
12 SECTION 602. EFFECT OF ARTICLE III.
13 SECTION 603. EFFECTIVE DATE.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Subsections (a) and (b) of section 1725.1 of <--
17 Title 42, act of November 25, 1970 (P.L.707, No.230), known as
18 the Pennsylvania Consolidated Statutes, added July 20, 1979
19 (No.52), are amended to read:
20 § 1725.1. Costs.
21 (a) Civil cases.--The costs to be charged by the minor
22 judiciary in every civil case, except as otherwise provided in
23 this section, shall be as follows:
24 (1) Assumpsit or trespass involving $100 or
25 less.................................................. $10.00
26 (2) Assumpsit or trespass involving more than
27 $100 but not more than $300........................... $15.00
28 (3) Assumpsit or trespass involving more than
29 $300 but not more than $500........................... $20.00
30 (4) Assumpsit or trespass involving more
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1 than $500............................................. $25.00
2 (5) Landlord and tenant proceeding............... $25.00
3 (6) Order of execution........................... $15.00
4 (7) Objection to levy............................ $ 5.00
5 (8) Reinstatement of complaint................ No Charge
6 Such costs shall include all charges [including, when called
7 for, the costs relating to postage and registered mail,] except
8 the costs of a district justice's transcript of every proceeding
9 on appeal or certiorari (including affidavit, bail and
10 certificate) which shall be $2.50 per transcript. Said costs
11 shall not include, however, the cost of postage and registered
12 mail which shall be borne by the plaintiff.
13 (b) Criminal cases.--The costs to be charged by the minor
14 judiciary or by the court of common pleas where appropriate in
15 every criminal case, except as otherwise provided in this
16 section, shall be as follows:
17 (1) Summary conviction, except motor vehicle
18 cases................................................. $16.00
19 (2) Summary conviction, motor vehicles cases,
20 other than paragraph (3) ............................. $10.00
21 (3) Summary conviction, motor vehicle cases,
22 hearing demanded...................................... $15.00
23 (4) Misdemeanor.................................. $20.00
24 (5) Felony....................................... $25.00
25 Such costs shall include all charges including [the costs of
26 postage and registered mail and] the costs of giving a district
27 justice's transcript to the prosecutor or defendant, or both, if
28 requested. Such costs shall not include, however, the cost of
29 postage and registered mail which shall be paid by the defendant
30 upon conviction.
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1 * * *
2 Section 2. This act shall take effect immediately.
3 ARTICLE I <--
4 PRELIMINARY PROVISIONS
5 SECTION 101. SHORT TITLE.--THIS ACT SHALL BE KNOWN AND MAY
6 BE CITED AS THE "JARA CONTINUATION ACT OF 1980."
7 ARTICLE II
8 CODIFICATION OF CERTAIN ACTS AND OTHER ACTION
9 OF THE 1977-80 GENERAL ASSEMBLIES
10 AND RELATED MATTERS
11 SECTION 201. CODIFICATION OF ACT NO. 1977-20.--(A) CHAPTER
12 53 OF TITLE 42 IS AMENDED BY ADDING A SUBCHAPTER TO READ:
13 SUBCHAPTER C
14 CHILD CUSTODY JURISDICTION
15 SEC.
16 5341. SHORT TITLE OF SUBCHAPTER.
17 5342. PURPOSES AND CONSTRUCTION OF SUBCHAPTER.
18 5343. DEFINITIONS.
19 5344. JURISDICTION.
20 5345. NOTICE AND OPPORTUNITY TO BE HEARD.
21 5346. NOTICE TO PERSONS OUTSIDE THIS COMMONWEALTH; SUBMISSION
22 TO JURISDICTION.
23 5347. SIMULTANEOUS PROCEEDINGS IN OTHER STATES.
24 5348. INCONVENIENT FORUM.
25 5349. JURISDICTION DECLINED BY REASON OF CONDUCT.
26 5350. INFORMATION UNDER OATH TO BE SUBMITTED TO THE COURT.
27 5351. ADDITIONAL PARTIES.
28 5352. APPEARANCE OF PARTIES AND THE CHILD.
29 5353. BINDING FORCE AND RES JUDICATA EFFECT OF CUSTODY DECREE.
30 5354. RECOGNITION OF OUT-OF-STATE CUSTODY DECREES.
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1 5355. MODIFICATION OF CUSTODY DECREE OF ANOTHER STATE.
2 5356. FILING AND ENFORCEMENT OF CUSTODY DECREE OF ANOTHER
3 STATE.
4 5357. REGISTRY OF OUT-OF-STATE CUSTODY DECREES AND PROCEEDINGS.
5 5358. CERTIFIED COPIES OF CUSTODY DECREE.
6 5359. TAKING TESTIMONY IN ANOTHER STATE.
7 5360. HEARINGS AND STUDIES IN ANOTHER STATE; ORDERS TO APPEAR.
8 5361. ASSISTANCE TO COURTS OF OTHER STATES.
9 5362. PRESERVATION OF DOCUMENTS FOR USE IN OTHER STATES.
10 5363. REQUEST FOR COURT RECORDS OF ANOTHER STATE.
11 5365. INTERNATIONAL APPLICATION.
12 5366. PRIORITY.
13 § 5341. SHORT TITLE OF SUBCHAPTER.
14 THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
15 "UNIFORM CHILD CUSTODY JURISDICTION ACT."
16 § 5342. PURPOSES AND CONSTRUCTION OF SUBCHAPTER.
17 (A) PURPOSES.--THE GENERAL PURPOSES OF THIS SUBCHAPTER ARE
18 TO:
19 (1) AVOID JURISDICTIONAL COMPETITION AND CONFLICT WITH
20 COURTS OF OTHER STATES IN MATTERS OF CHILD CUSTODY WHICH HAVE
21 IN THE PAST RESULTED IN THE SHIFTING OF CHILDREN FROM STATE
22 TO STATE WITH HARMFUL EFFECTS ON THEIR WELL-BEING.
23 (2) PROMOTE COOPERATION WITH THE COURTS OF OTHER STATES
24 TO THE END THAT A CUSTODY DECREE IS RENDERED IN THAT STATE
25 WHICH CAN BEST DECIDE THE CASE IN THE INTEREST OF THE CHILD.
26 (3) ASSURE THAT LITIGATION CONCERNING THE CUSTODY OF A
27 CHILD TAKES PLACE ORDINARILY IN THE STATE WITH WHICH THE
28 CHILD AND HIS FAMILY HAVE THE CLOSEST CONNECTION AND WHERE
29 SIGNIFICANT EVIDENCE CONCERNING HIS CARE, PROTECTION,
30 TRAINING, AND PERSONAL RELATIONSHIPS IS MOST READILY
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1 AVAILABLE, AND THAT COURTS OF THIS COMMONWEALTH DECLINE THE
2 EXERCISE OF JURISDICTION WHEN THE CHILD AND HIS FAMILY HAVE A
3 CLOSER CONNECTION WITH ANOTHER STATE.
4 (4) DISCOURAGE CONTINUING CONTROVERSIES OVER CHILD
5 CUSTODY IN THE INTEREST OF GREATER STABILITY OF HOME
6 ENVIRONMENT AND OF SECURE FAMILY RELATIONSHIPS FOR THE CHILD.
7 (5) DETER ABDUCTIONS AND OTHER UNILATERAL REMOVALS OF
8 CHILDREN UNDERTAKEN TO OBTAIN CUSTODY AWARDS.
9 (6) AVOID RELITIGATION OF CUSTODY DECISIONS OF OTHER
10 STATES IN THIS COMMONWEALTH INSOFAR AS FEASIBLE.
11 (7) FACILITATE THE ENFORCEMENT OF CUSTODY DECREES OF
12 OTHER STATES.
13 (8) PROMOTE AND EXPAND THE EXCHANGE OF INFORMATION AND
14 OTHER FORMS OF MUTUAL ASSISTANCE BETWEEN THE COURTS OF THIS
15 COMMONWEALTH AND THOSE OF OTHER STATES CONCERNED WITH THE
16 SAME CHILD.
17 (B) CONSTRUCTION.--THIS SUBCHAPTER SHALL BE CONSTRUED TO
18 PROMOTE THE GENERAL PURPOSES STATED IN THIS SECTION.
19 § 5343. DEFINITIONS.
20 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
21 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
22 MEANINGS GIVEN TO THEM IN THIS SECTION:
23 "CONTESTANT." AN INSTITUTION OR AN INDIVIDUAL, INCLUDING A
24 PARENT, WHO CLAIMS A RIGHT TO CUSTODY OR VISITATION RIGHTS WITH
25 RESPECT TO A CHILD.
26 "CUSTODY DETERMINATION." A COURT DECISION AND COURT ORDERS
27 AND INSTRUCTIONS PROVIDING FOR THE CUSTODY OF A CHILD, INCLUDING
28 VISITATION RIGHTS; THE TERM DOES NOT INCLUDE A DECISION RELATING
29 TO CHILD SUPPORT OR ANY OTHER MONETARY OBLIGATION OF ANY PERSON.
30 "CUSTODY PROCEEDING." INCLUDES PROCEEDINGS IN WHICH A
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1 CUSTODY DETERMINATION IS ONE OF SEVERAL ISSUES, SUCH AS AN
2 ACTION FOR DIVORCE OR SEPARATION, AND INCLUDES CHILD NEGLECT AND
3 DEPENDENCY PROCEEDINGS.
4 "DECREE" OR "CUSTODY DECREE." A CUSTODY DETERMINATION
5 CONTAINED IN A JUDICIAL DECREE OR ORDER MADE IN A CUSTODY
6 PROCEEDING, AND INCLUDES AN INITIAL DECREE AND A MODIFICATION
7 DECREE.
8 "HOME STATE." THE STATE IN WHICH THE CHILD IMMEDIATELY
9 PRECEDING THE TIME INVOLVED LIVED WITH HIS PARENTS, A PARENT, OR
10 A PERSON ACTING AS PARENT, OR IN AN INSTITUTION, FOR AT LEAST
11 SIX CONSECUTIVE MONTHS, AND IN THE CASE OF A CHILD LESS THAN SIX
12 MONTHS OLD THE STATE IN WHICH THE CHILD LIVED FROM BIRTH WITH
13 ANY OF THE PERSONS MENTIONED. PERIODS OF TEMPORARY ABSENCE OF
14 ANY OF THE NAMED PERSONS ARE COUNTED AS PART OF THE SIX-MONTH OR
15 OTHER PERIOD.
16 "INITIAL DECREE." THE FIRST CUSTODY DECREE CONCERNING A
17 PARTICULAR CHILD.
18 "MODIFICATION DECREE." A CUSTODY DECREE WHICH MODIFIES OR
19 REPLACES A PRIOR DECREE, WHETHER MADE BY THE COURT WHICH
20 RENDERED THE PRIOR DECREE OR BY ANOTHER COURT.
21 "PERSON ACTING AS PARENT." A PERSON, INCLUDING AN
22 INSTITUTION OTHER THAN A PARENT, WHO HAS PHYSICAL CUSTODY OF A
23 CHILD AND WHO HAS EITHER BEEN AWARDED CUSTODY BY A COURT OR
24 CLAIMS A RIGHT TO CUSTODY.
25 "PHYSICAL CUSTODY." ACTUAL POSSESSION AND CONTROL OF A
26 CHILD.
27 § 5344. JURISDICTION.
28 (A) GENERAL RULE.--A COURT OF THIS COMMONWEALTH WHICH IS
29 COMPETENT TO DECIDE CHILD CUSTODY MATTERS HAS JURISDICTION TO
30 MAKE A CHILD CUSTODY DETERMINATION BY INITIAL OR MODIFICATION
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1 DECREE IF:
2 (1) THIS COMMONWEALTH:
3 (I) IS THE HOME STATE OF THE CHILD AT THE TIME OF
4 COMMENCEMENT OF THE PROCEEDING; OR
5 (II) HAD BEEN THE HOME STATE OF THE CHILD WITHIN SIX
6 MONTHS BEFORE COMMENCEMENT OF THE PROCEEDING AND THE
7 CHILD IS ABSENT FROM THIS COMMONWEALTH BECAUSE OF HIS
8 REMOVAL OR RETENTION BY A PERSON CLAIMING HIS CUSTODY OR
9 FOR OTHER REASONS, AND A PARENT OR PERSON ACTING AS
10 PARENT CONTINUES TO LIVE IN THIS COMMONWEALTH;
11 (2) IT IS IN THE BEST INTEREST OF THE CHILD THAT A COURT
12 OF THIS COMMONWEALTH ASSUME JURISDICTION BECAUSE:
13 (I) THE CHILD AND HIS PARENTS, OR THE CHILD AND AT
14 LEAST ONE CONTESTANT, HAVE A SIGNIFICANT CONNECTION WITH
15 THIS COMMONWEALTH; AND
16 (II) THERE IS AVAILABLE IN THIS COMMONWEALTH
17 SUBSTANTIAL EVIDENCE CONCERNING THE PRESENT OR FUTURE
18 CARE, PROTECTION, TRAINING, AND PERSONAL RELATIONSHIPS OF
19 THE CHILD;
20 (3) THE CHILD IS PHYSICALLY PRESENT IN THIS
21 COMMONWEALTH, AND:
22 (I) THE CHILD HAS BEEN ABANDONED; OR
23 (II) IT IS NECESSARY IN AN EMERGENCY TO PROTECT THE
24 CHILD BECAUSE HE HAS BEEN SUBJECTED TO OR THREATENED WITH
25 MISTREATMENT OR ABUSE OR IS OTHERWISE NEGLECTED OR
26 DEPENDENT;
27 (4)(I) IT APPEARS THAT NO OTHER STATE WOULD HAVE
28 JURISDICTION UNDER PREREQUISITES SUBSTANTIALLY IN
29 ACCORDANCE WITH PARAGRAPH (1), (2) OR (3), OR ANOTHER
30 STATE HAS DECLINED TO EXERCISE JURISDICTION ON THE GROUND
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1 THAT THIS COMMONWEALTH IS THE MORE APPROPRIATE FORUM TO
2 DETERMINE THE CUSTODY OF THE CHILD; AND
3 (II) IT IS IN THE BEST INTEREST OF THE CHILD THAT
4 THE COURT ASSUME JURISDICTION; OR
5 (5) THE CHILD WELFARE AGENCIES OF THE COUNTIES WHEREIN
6 THE CONTESTANTS FOR THE CHILD LIVE, HAVE MADE AN
7 INVESTIGATION OF THE HOME OF THE PERSON TO WHOM CUSTODY IS
8 AWARDED AND HAVE FOUND IT TO BE SATISFACTORY FOR THE WELFARE
9 OF THE CHILD.
10 (B) PHYSICAL PRESENCE INSUFFICIENT.--EXCEPT UNDER SUBSECTION
11 (A)(3) AND (4), PHYSICAL PRESENCE IN THIS COMMONWEALTH OF THE
12 CHILD, OR OF THE CHILD AND ONE OF THE CONTESTANTS, IS NOT ALONE
13 SUFFICIENT TO CONFER JURISDICTION ON A COURT OF THIS
14 COMMONWEALTH TO MAKE A CHILD CUSTODY DETERMINATION.
15 (C) PHYSICAL PRESENCE UNNECESSARY.--PHYSICAL PRESENCE OF THE
16 CHILD, WHILE DESIRABLE, IS NOT A PREREQUISITE FOR JURISDICTION
17 TO DETERMINE HIS CUSTODY.
18 § 5345. NOTICE AND OPPORTUNITY TO BE HEARD.
19 BEFORE MAKING A DECREE UNDER THIS SUBCHAPTER, REASONABLE
20 NOTICE AND OPPORTUNITY TO BE HEARD SHALL BE GIVEN TO THE
21 CONTESTANTS, ANY PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN
22 PREVIOUSLY TERMINATED, AND ANY PERSON WHO HAS PHYSICAL CUSTODY
23 OF THE CHILD. IF ANY OF THESE PERSONS IS OUTSIDE THIS
24 COMMONWEALTH, NOTICE AND OPPORTUNITY TO BE HEARD SHALL BE GIVEN
25 PURSUANT TO SECTION 5346 (RELATING TO NOTICE TO PERSONS OUTSIDE
26 THIS COMMONWEALTH; SUBMISSION TO JURISDICTION).
27 § 5346. NOTICE TO PERSONS OUTSIDE THIS COMMONWEALTH; SUBMISSION
28 TO JURISDICTION.
29 (A) GENERAL RULE.--NOTICE REQUIRED FOR THE EXERCISE OF
30 JURISDICTION OVER A PERSON OUTSIDE THIS COMMONWEALTH SHALL BE
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1 GIVEN IN A MANNER REASONABLY CALCULATED TO GIVE ACTUAL NOTICE,
2 AND MAY BE:
3 (1) BY PERSONAL DELIVERY OUTSIDE THIS COMMONWEALTH IN
4 THE MANNER PRESCRIBED FOR SERVICE OF PROCESS WITHIN THIS
5 COMMONWEALTH;
6 (2) IN THE MANNER PRESCRIBED BY THE LAW OF THE PLACE IN
7 WHICH THE SERVICE IS MADE FOR SERVICE OF PROCESS IN THAT
8 PLACE IN AN ACTION IN ANY OF ITS COURTS OF GENERAL
9 JURISDICTION;
10 (3) BY ANY FORM OF MAIL ADDRESSED TO THE PERSON TO BE
11 SERVED AND REQUESTING A RECEIPT; OR
12 (4) AS DIRECTED BY THE COURT INCLUDING PUBLICATION, IF
13 OTHER MEANS OF NOTIFICATION ARE INEFFECTIVE.
14 (B) DURATION.--NOTICE UNDER THIS SECTION SHALL BE SERVED,
15 MAILED, OR DELIVERED OR LAST PUBLISHED AT LEAST 10 DAYS BEFORE
16 ANY HEARING IN THIS COMMONWEALTH.
17 (C) PROOF OF SERVICE.--PROOF OF SERVICE OUTSIDE THIS
18 COMMONWEALTH MAY BE MADE BY AFFIDAVIT OF THE INDIVIDUAL WHO MADE
19 THE SERVICE, OR IN THE MANNER PRESCRIBED BY THE LAW OF THIS
20 COMMONWEALTH, THE ORDER PURSUANT TO WHICH THE SERVICE IS MADE,
21 OR THE LAW OF THE PLACE IN WHICH THE SERVICE IS MADE. IF SERVICE
22 IS MADE BY MAIL, PROOF MAY BE A RECEIPT SIGNED BY THE ADDRESSEE
23 OR OTHER EVIDENCE OF DELIVERY TO THE ADDRESSEE.
24 (D) SUBMISSION TO JURISDICTION.--NOTICE IS NOT REQUIRED IF A
25 PERSON SUBMITS TO THE JURISDICTION OF THE COURT.
26 § 5347. SIMULTANEOUS PROCEEDINGS IN OTHER STATES.
27 (A) GENERAL RULE.--A COURT OF THIS COMMONWEALTH SHALL NOT
28 EXERCISE ITS JURISDICTION UNDER THIS SUBCHAPTER IF AT THE TIME
29 OF FILING THE PETITION A PROCEEDING CONCERNING THE CUSTODY OF
30 THE CHILD WAS PENDING IN A COURT OF ANOTHER STATE EXERCISING
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1 JURISDICTION SUBSTANTIALLY IN CONFORMITY WITH THIS SUBCHAPTER,
2 UNLESS THE PROCEEDING IS STAYED BY THE COURT OF THE OTHER STATE
3 BECAUSE THIS COMMONWEALTH IS A MORE APPROPRIATE FORUM OR FOR
4 OTHER REASONS.
5 (B) PROCEDURE.--BEFORE HEARING THE PETITION IN A CUSTODY
6 PROCEEDING THE COURT SHALL EXAMINE THE PLEADINGS AND OTHER
7 INFORMATION SUPPLIED BY THE PARTIES UNDER SECTION 5350 (RELATING
8 TO INFORMATION UNDER OATH TO BE SUBMITTED TO THE COURT) AND
9 SHALL CONSULT THE CHILD CUSTODY REGISTRY ESTABLISHED UNDER
10 SECTION 5357 (RELATING TO REGISTRY OF OUT-OF-STATE CUSTODY
11 DECREES AND PROCEEDINGS) CONCERNING THE PENDENCY OF PROCEEDINGS
12 WITH RESPECT TO THE CHILD IN OTHER STATES. IF THE COURT HAS
13 REASON TO BELIEVE THAT PROCEEDINGS MAY BE PENDING IN ANOTHER
14 STATE IT SHALL DIRECT AN INQUIRY TO THE STATE COURT
15 ADMINISTRATOR OR OTHER APPROPRIATE OFFICIAL OF THE OTHER STATE.
16 (C) STAY; COMMUNICATION WITH OTHER COURT.--IF THE COURT IS
17 INFORMED DURING THE COURSE OF THE PROCEEDING THAT A PROCEEDING
18 CONCERNING THE CUSTODY OF THE CHILD WAS PENDING IN ANOTHER STATE
19 BEFORE THE COURT ASSUMED JURISDICTION IT SHALL STAY THE
20 PROCEEDING AND COMMUNICATE WITH THE COURT IN WHICH THE OTHER
21 PROCEEDING IS PENDING TO THE END THAT THE ISSUE MAY BE LITIGATED
22 IN THE MORE APPROPRIATE FORUM AND THAT INFORMATION BE EXCHANGED
23 IN ACCORDANCE WITH SECTIONS 5360 (RELATING TO HEARINGS AND
24 STUDIES IN ANOTHER STATE; ORDERS TO APPEAR) THROUGH 5363
25 (RELATING TO REQUEST FOR COURT RECORDS OF ANOTHER STATE). IF A
26 COURT OF THIS COMMONWEALTH HAS MADE A CUSTODY DECREE BEFORE
27 BEING INFORMED OF A PENDING PROCEEDING IN A COURT OF ANOTHER
28 STATE IT SHALL IMMEDIATELY INFORM THAT COURT OF THE FACT. IF THE
29 COURT IS INFORMED THAT A PROCEEDING WAS COMMENCED IN ANOTHER
30 STATE AFTER IT ASSUMED JURISDICTION IT SHALL LIKEWISE INFORM THE
19790H1873B3650 - 13 -
1 OTHER COURT TO THE END THAT THE ISSUES MAY BE LITIGATED IN THE
2 MORE APPROPRIATE FORUM.
3 § 5348. INCONVENIENT FORUM.
4 (A) GENERAL RULE.--A COURT WHICH HAS JURISDICTION UNDER THIS
5 SUBCHAPTER TO MAKE AN INITIAL OR MODIFICATION DECREE MAY DECLINE
6 TO EXERCISE ITS JURISDICTION ANY TIME BEFORE MAKING A DECREE IF
7 IT FINDS THAT IT IS AN INCONVENIENT FORUM TO MAKE A CUSTODY
8 DETERMINATION UNDER THE CIRCUMSTANCES OF THE CASE AND THAT A
9 COURT OF ANOTHER STATE IS A MORE APPROPRIATE FORUM.
10 (B) MOVING PARTY.--A FINDING OF INCONVENIENT FORUM MAY BE
11 MADE UPON THE COURT'S OWN MOTION OR UPON MOTION OF A PARTY OR A
12 GUARDIAN AD LITEM OR OTHER REPRESENTATIVE OF THE CHILD.
13 (C) FACTORS TO BE CONSIDERED.--IN DETERMINING IF IT IS AN
14 INCONVENIENT FORUM, THE COURT SHALL CONSIDER IF IT IS IN THE
15 INTEREST OF THE CHILD THAT ANOTHER STATE ASSUME JURISDICTION.
16 FOR THIS PURPOSE IT MAY TAKE INTO ACCOUNT THE FOLLOWING FACTORS,
17 AMONG OTHERS:
18 (1) IF ANOTHER STATE IS OR RECENTLY WAS THE HOME STATE
19 OF THE CHILD.
20 (2) IF ANOTHER STATE HAS A CLOSER CONNECTION WITH THE
21 CHILD AND HIS FAMILY OR WITH THE CHILD AND ONE OR MORE OF THE
22 CONTESTANTS.
23 (3) IF SUBSTANTIAL EVIDENCE CONCERNING THE PRESENT OR
24 FUTURE CARE, PROTECTION, TRAINING, AND PERSONAL RELATIONSHIPS
25 OF THE CHILD IS MORE READILY AVAILABLE IN ANOTHER STATE.
26 (4) IF THE PARTIES HAVE AGREED ON ANOTHER FORUM WHICH IS
27 NO LESS APPROPRIATE.
28 (5) IF THE EXERCISE OF JURISDICTION BY A COURT OF THIS
29 COMMONWEALTH WOULD CONTRAVENE ANY OF THE PURPOSES STATED IN
30 SECTION 5342 (RELATING TO PURPOSES AND CONSTRUCTION OF
19790H1873B3650 - 14 -
1 SUBCHAPTER).
2 (D) COMMUNICATION WITH OTHER COURT.--BEFORE DETERMINING
3 WHETHER TO DECLINE OR RETAIN JURISDICTION THE COURT MAY
4 COMMUNICATE WITH A COURT OF ANOTHER STATE AND EXCHANGE
5 INFORMATION PERTINENT TO THE ASSUMPTION OF JURISDICTION BY
6 EITHER COURT WITH A VIEW TO ASSURING THAT JURISDICTION WILL BE
7 EXERCISED BY THE MORE APPROPRIATE COURT AND THAT A FORUM WILL BE
8 AVAILABLE TO THE PARTIES.
9 (E) DISPOSITION.--IF THE COURT FINDS THAT IT IS AN
10 INCONVENIENT FORUM AND THAT A COURT OF ANOTHER STATE IS A MORE
11 APPROPRIATE FORUM IT MAY DISMISS THE PROCEEDINGS, OR IT MAY STAY
12 THE PROCEEDINGS UPON CONDITION THAT A CUSTODY PROCEEDING BE
13 PROMPTLY COMMENCED IN ANOTHER NAMED STATE OR UPON ANY OTHER
14 CONDITIONS WHICH MAY BE JUST AND PROPER, INCLUDING THE CONDITION
15 THAT A MOVING PARTY STIPULATE HIS CONSENT AND SUBMISSION TO THE
16 JURISDICTION OF THE OTHER FORUM.
17 (F) EFFECT ON DIVORCE OR OTHER PROCEEDING.--THE COURT MAY
18 DECLINE TO EXERCISE ITS JURISDICTION UNDER THIS SUBCHAPTER IF A
19 CUSTODY DETERMINATION IS INCIDENTAL TO AN ACTION FOR DIVORCE OR
20 ANOTHER PROCEEDING WHILE RETAINING JURISDICTION OVER THE DIVORCE
21 OR OTHER PROCEEDING.
22 (G) COSTS AND EXPENSES.--SUBJECT TO GENERAL RULES:
23 (1) IF IT APPEARS TO THE COURT THAT IT IS CLEARLY AN
24 INAPPROPRIATE FORUM IT MAY REQUIRE THE PARTY WHO COMMENCED
25 THE PROCEEDINGS TO PAY, IN ADDITION TO THE COSTS OF THE
26 PROCEEDINGS IN THIS COMMONWEALTH, NECESSARY TRAVEL AND OTHER
27 EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY OTHER
28 PARTIES OR THEIR WITNESSES.
29 (2) PAYMENT IS TO BE MADE TO THE OFFICE OF THE CLERK OF
30 THE COURT OF COMMON PLEAS FOR REMITTANCE TO THE PROPER PARTY.
19790H1873B3650 - 15 -
1 (H) NOTICE OF DISPOSITION.--UPON DISMISSAL OR STAY OF
2 PROCEEDINGS UNDER THIS SECTION THE COURT SHALL INFORM THE COURT
3 FOUND TO BE THE MORE APPROPRIATE FORUM OF THIS FACT, OR IF THE
4 COURT WHICH WOULD HAVE JURISDICTION IN THE OTHER STATE IS NOT
5 CERTAINLY KNOWN, SHALL TRANSMIT THE INFORMATION TO THE COURT
6 ADMINISTRATOR OR OTHER APPROPRIATE OFFICIAL OF THE OTHER STATE
7 FOR FORWARDING TO THE APPROPRIATE COURT.
8 (I) REGISTRY OF OUT-OF-STATE STAY; NOTICE OF ASSUMPTION OF
9 JURISDICTION.--ANY COMMUNICATION RECEIVED FROM ANOTHER STATE
10 INFORMING THIS COMMONWEALTH OF A FINDING OF INCONVENIENT FORUM
11 BECAUSE A COURT OF THIS COMMONWEALTH IS THE MORE APPROPRIATE
12 FORUM SHALL BE FILED IN THE CUSTODY REGISTRY OF THE APPROPRIATE
13 COURT. UPON ASSUMING JURISDICTION THE COURT OF THIS COMMONWEALTH
14 SHALL INFORM THE ORIGINAL COURT OF THIS FACT.
15 § 5349. JURISDICTION DECLINED BY REASON OF CONDUCT.
16 (A) GENERAL RULE.--IF THE PETITIONER FOR AN INITIAL DECREE
17 HAS WRONGFULLY TAKEN THE CHILD FROM ANOTHER STATE OR HAS ENGAGED
18 IN CONDUCT INTENDING TO BENEFIT HIS POSITION IN A CUSTODY
19 HEARING, THE COURT MAY DECLINE TO EXERCISE JURISDICTION IF THIS
20 IS JUST AND PROPER UNDER THE CIRCUMSTANCES.
21 (B) RESTRICTION ON MODIFICATION OF FOREIGN DECREE.--UNLESS
22 REQUIRED IN THE INTEREST OF THE CHILD, THE COURT SHALL NOT
23 EXERCISE ITS JURISDICTION TO MODIFY A CUSTODY DECREE OF ANOTHER
24 STATE IF THE PETITIONER, WITHOUT CONSENT OF THE PERSON ENTITLED
25 TO CUSTODY, HAS IMPROPERLY REMOVED THE CHILD FROM THE PHYSICAL
26 CUSTODY OF THE PERSON ENTITLED TO CUSTODY OR HAS IMPROPERLY
27 RETAINED THE CHILD AFTER A VISIT OR OTHER TEMPORARY
28 RELINQUISHMENT OF PHYSICAL CUSTODY. IF THE PETITIONER HAS
29 VIOLATED ANY OTHER PROVISION OF A CUSTODY DECREE OF ANOTHER
30 STATE THE COURT MAY DECLINE TO EXERCISE ITS JURISDICTION UNLESS
19790H1873B3650 - 16 -
1 THE PETITIONER CAN SHOW THAT CONDITIONS IN THE CUSTODIAL
2 HOUSEHOLD ARE PHYSICALLY OR EMOTIONALLY HARMFUL TO THE CHILD,
3 THE BURDEN OF PROOF BEING ON THE PETITIONER REQUESTING THE COURT
4 TO TAKE JURISDICTION.
5 (C) COSTS AND EXPENSES.--SUBJECT TO GENERAL RULES, IN
6 APPROPRIATE CASES A COURT DISMISSING A PETITION UNDER THIS
7 SECTION MAY CHARGE THE PETITIONER WITH NECESSARY TRAVEL AND
8 OTHER EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY OTHER
9 PARTIES OR THEIR WITNESSES.
10 § 5350. INFORMATION UNDER OATH TO BE SUBMITTED TO THE COURT.
11 (A) GENERAL RULE.--EVERY PARTY IN A CUSTODY PROCEEDING IN
12 HIS FIRST PLEADING OR IN AN AFFIDAVIT ATTACHED TO THAT PLEADING
13 SHALL GIVE INFORMATION UNDER OATH AS TO THE PRESENT ADDRESS OF
14 THE CHILD, THE PLACES WHERE THE CHILD HAS LIVED WITHIN THE LAST
15 FIVE YEARS, AND THE NAMES AND PRESENT ADDRESSES OF THE PERSONS
16 WITH WHOM THE CHILD HAS LIVED DURING THAT PERIOD. IN THIS
17 PLEADING OR AFFIDAVIT EVERY PARTY SHALL FURTHER DECLARE UNDER
18 OATH WHETHER:
19 (1) HE HAS PARTICIPATED (AS A PARTY, WITNESS, OR IN ANY
20 OTHER CAPACITY) IN ANY OTHER LITIGATION CONCERNING THE
21 CUSTODY OF THE SAME CHILD IN THIS OR ANY OTHER STATE;
22 (2) HE HAS INFORMATION OF ANY CUSTODY PROCEEDING
23 CONCERNING THE CHILD PENDING IN A COURT OF THIS OR ANY OTHER
24 STATE; AND
25 (3) HE KNOWS OF ANY PERSON NOT A PARTY TO THE
26 PROCEEDINGS WHO HAS PHYSICAL CUSTODY OF THE CHILD OR CLAIMS
27 TO HAVE CUSTODY OR VISITATION RIGHTS WITH RESPECT TO THE
28 CHILD.
29 (B) ADDITIONAL INFORMATION.--IF THE DECLARATION AS TO ANY OF
30 THE ITEMS SET FORTH IN SUBSECTION (A) IS IN THE AFFIRMATIVE THE
19790H1873B3650 - 17 -
1 DECLARANT SHALL GIVE ADDITIONAL INFORMATION UNDER OATH AS
2 REQUIRED BY THE COURT. THE COURT MAY EXAMINE THE PARTIES UNDER
3 OATH AS TO DETAILS OF THE INFORMATION FURNISHED AND AS TO OTHER
4 MATTERS PERTINENT TO THE JURISDICTION OF THE COURT AND THE
5 DISPOSITION OF THE CASE.
6 (C) CONTINUING DUTY.--EACH PARTY HAS A CONTINUING DUTY TO
7 INFORM THE COURT OF ANY CUSTODY PROCEEDING CONCERNING THE CHILD
8 IN THIS COMMONWEALTH OR ANY OTHER STATE OF WHICH HE OBTAINED
9 INFORMATION DURING PROCEEDINGS UNDER THIS SUBCHAPTER.
10 § 5351. ADDITIONAL PARTIES.
11 IF THE COURT LEARNS FROM INFORMATION FURNISHED BY THE PARTIES
12 PURSUANT TO SECTION 5350 (RELATING TO INFORMATION UNDER OATH TO
13 BE SUBMITTED TO THE COURT) OR FROM OTHER SOURCES THAT A PERSON
14 NOT A PARTY TO THE CUSTODY PROCEEDING HAS PHYSICAL CUSTODY OF
15 THE CHILD OR CLAIMS TO HAVE CUSTODY OR VISITATION RIGHTS WITH
16 RESPECT TO THE CHILD, IT SHALL ORDER THAT PERSON TO BE JOINED AS
17 A PARTY AND TO BE DULY NOTIFIED OF THE PENDENCY OF THE
18 PROCEEDING AND OF HIS JOINDER AS A PARTY. IF THE PERSON JOINED
19 AS A PARTY IS OUTSIDE THIS COMMONWEALTH HE SHALL BE SERVED WITH
20 PROCESS OR OTHERWISE NOTIFIED IN ACCORDANCE WITH SECTION 5346
21 (RELATING TO NOTICE TO PERSONS OUTSIDE THIS COMMONWEALTH;
22 SUBMISSION TO JURISDICTION).
23 § 5352. APPEARANCE OF PARTIES AND THE CHILD.
24 (A) GENERAL RULE.--THE COURT MAY ORDER ANY PARTY TO THE
25 PROCEEDING WHO IS IN THIS COMMONWEALTH TO APPEAR PERSONALLY
26 BEFORE THE COURT. IF THAT PARTY HAS PHYSICAL CUSTODY OF THE
27 CHILD THE COURT MAY ORDER THAT HE APPEAR PERSONALLY WITH THE
28 CHILD.
29 (B) OUT-OF-STATE PERSONS.--IF A PARTY TO THE PROCEEDING
30 WHOSE PRESENCE IS DESIRED BY THE COURT IS OUTSIDE THIS
19790H1873B3650 - 18 -
1 COMMONWEALTH WITH OR WITHOUT THE CHILD THE COURT MAY ORDER THAT
2 THE NOTICE GIVEN UNDER SECTION 5346 (RELATING TO NOTICE TO
3 PERSONS OUTSIDE THIS COMMONWEALTH; SUBMISSION TO JURISDICTION)
4 INCLUDE A STATEMENT DIRECTING THAT PARTY TO APPEAR PERSONALLY
5 WITH OR WITHOUT THE CHILD AND DECLARING THAT FAILURE TO APPEAR
6 MAY RESULT IN A DECISION ADVERSE TO THAT PARTY.
7 (C) COSTS AND EXPENSES.--IF A PARTY TO THE PROCEEDING WHO IS
8 OUTSIDE THIS COMMONWEALTH IS DIRECTED TO APPEAR UNDER SUBSECTION
9 (B) OR DESIRES TO APPEAR PERSONALLY BEFORE THE COURT WITH OR
10 WITHOUT THE CHILD, THE COURT MAY REQUIRE ANOTHER PARTY TO PAY
11 TRAVEL AND OTHER NECESSARY EXPENSES OF THE PARTY SO APPEARING
12 AND OF THE CHILD IF THIS IS JUST AND PROPER UNDER THE
13 CIRCUMSTANCES.
14 § 5353. BINDING FORCE AND RES JUDICATA EFFECT OF CUSTODY
15 DECREE.
16 A CUSTODY DECREE RENDERED BY A COURT OF THIS COMMONWEALTH
17 WHICH HAD JURISDICTION UNDER SECTION 5344 (RELATING TO
18 JURISDICTION) BINDS ALL PARTIES WHO HAVE BEEN SERVED IN THIS
19 COMMONWEALTH OR NOTIFIED IN ACCORDANCE WITH SECTION 5346
20 (RELATING TO NOTICE TO PERSONS OUTSIDE THIS COMMONWEALTH;
21 SUBMISSION TO JURISDICTION) OR WHO HAVE SUBMITTED TO THE
22 JURISDICTION OF THE COURT, AND WHO HAVE BEEN GIVEN AN
23 OPPORTUNITY TO BE HEARD. AS TO THESE PARTIES THE CUSTODY DECREE
24 IS CONCLUSIVE AS TO ALL ISSUES OF LAW AND FACT DECIDED AND AS TO
25 THE CUSTODY DETERMINATION MADE UNLESS AND UNTIL THAT
26 DETERMINATION IS MODIFIED PURSUANT TO LAW, INCLUDING THE
27 PROVISIONS OF THIS SUBCHAPTER.
28 § 5354. RECOGNITION OF OUT-OF-STATE CUSTODY DECREES.
29 THE COURTS OF THIS COMMONWEALTH SHALL RECOGNIZE AND ENFORCE
30 AN INITIAL OR MODIFICATION DECREE OF A COURT OF ANOTHER STATE
19790H1873B3650 - 19 -
1 WHICH HAD ASSUMED JURISDICTION UNDER STATUTORY PROVISIONS
2 SUBSTANTIALLY IN ACCORDANCE WITH THIS SUBCHAPTER OR WHICH WAS
3 MADE UNDER FACTUAL CIRCUMSTANCES MEETING THE JURISDICTIONAL
4 STANDARDS OF THIS SUBCHAPTER, SO LONG AS THE DECREE HAS NOT BEEN
5 MODIFIED IN ACCORDANCE WITH JURISDICTIONAL STANDARDS
6 SUBSTANTIALLY SIMILAR TO THOSE OF THIS SUBCHAPTER.
7 § 5355. MODIFICATION OF CUSTODY DECREE OF ANOTHER STATE.
8 (A) GENERAL RULE.--IF A COURT OF ANOTHER STATE HAS MADE A
9 CUSTODY DECREE, A COURT OF THIS COMMONWEALTH SHALL NOT MODIFY
10 THAT DECREE UNLESS:
11 (1) IT APPEARS TO THE COURT OF THIS COMMONWEALTH THAT
12 THE COURT WHICH RENDERED THE DECREE DOES NOT NOW HAVE
13 JURISDICTION UNDER JURISDICTIONAL PREREQUISITES SUBSTANTIALLY
14 IN ACCORDANCE WITH THIS SUBCHAPTER OR HAS DECLINED TO ASSUME
15 JURISDICTION TO MODIFY THE DECREE; AND
16 (2) THE COURT OF THIS COMMONWEALTH HAS JURISDICTION.
17 (B) CONSIDERATION OF OUT-OF-STATE RECORD.--IF A COURT OF
18 THIS COMMONWEALTH IS AUTHORIZED UNDER SUBSECTION (A) AND SECTION
19 5349 (RELATING TO JURISDICTION DECLINED BY REASON OF CONDUCT) TO
20 MODIFY A CUSTODY DECREE OF ANOTHER STATE IT SHALL GIVE DUE
21 CONSIDERATION TO THE TRANSCRIPT OF THE RECORD AND OTHER
22 DOCUMENTS OF ALL PREVIOUS PROCEEDINGS SUBMITTED TO IT IN
23 ACCORDANCE WITH SECTION 5363 (RELATING TO REQUEST FOR COURT
24 RECORDS OF ANOTHER STATE).
25 § 5356. FILING AND ENFORCEMENT OF CUSTODY DECREE OF ANOTHER
26 STATE.
27 (A) GENERAL RULE.--A CERTIFIED COPY OF A CUSTODY DECREE OF
28 ANOTHER STATE WHOSE DECREES ARE RECOGNIZED UNDER SECTION 5354
29 (RELATING TO RECOGNITION OF OUT-OF-STATE CUSTODY DECREES) MAY BE
30 FILED IN ANY OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS OF
19790H1873B3650 - 20 -
1 THIS COMMONWEALTH. THE CLERK SHALL TREAT THE DECREE IN THE SAME
2 MANNER AS A CUSTODY DECREE OF A COURT OF COMMON PLEAS OF THIS
3 COMMONWEALTH. A CUSTODY DECREE SO FILED HAS THE SAME EFFECT AND
4 SHALL BE ENFORCED IN LIKE MANNER AS A CUSTODY DECREE RENDERED BY
5 A COURT OF THIS COMMONWEALTH.
6 (B) COSTS AND EXPENSES.--A PERSON VIOLATING A CUSTODY DECREE
7 OF ANOTHER STATE WHICH MAKES IT NECESSARY TO ENFORCE THE DECREE
8 IN THIS COMMONWEALTH MAY BE REQUIRED TO PAY NECESSARY TRAVEL AND
9 OTHER EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY THE PARTY
10 ENTITLED TO THE CUSTODY OR HIS WITNESSES.
11 § 5357. REGISTRY OF OUT-OF-STATE CUSTODY DECREES AND
12 PROCEEDINGS.
13 EACH OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS SHALL
14 MAINTAIN A REGISTRY IN WHICH IT SHALL ENTER THE FOLLOWING:
15 (1) CERTIFIED COPIES OF CUSTODY DECREES OF OTHER STATES
16 RECEIVED FOR FILING.
17 (2) COMMUNICATIONS AS TO THE PENDENCY OF CUSTODY
18 PROCEEDINGS IN OTHER STATES.
19 (3) COMMUNICATIONS CONCERNING A FINDING OF INCONVENIENT
20 FORUM BY A COURT OF ANOTHER STATE.
21 (4) OTHER COMMUNICATIONS OR DOCUMENTS CONCERNING CUSTODY
22 PROCEEDINGS IN ANOTHER STATE WHICH MAY AFFECT THE
23 JURISDICTION OF A COURT OF THIS COMMONWEALTH OR THE
24 DISPOSITION TO BE MADE BY IT IN A CUSTODY PROCEEDING.
25 § 5358. CERTIFIED COPIES OF CUSTODY DECREE.
26 THE OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS, AT THE
27 REQUEST OF THE COURT OF ANOTHER STATE OR AT THE REQUEST OF ANY
28 PERSON WHO IS AFFECTED BY OR HAS A LEGITIMATE INTEREST IN A
29 CUSTODY DECREE, SHALL CERTIFY AND FORWARD A COPY OF THE DECREE
30 TO THAT COURT OR PERSON.
19790H1873B3650 - 21 -
1 § 5359. TAKING TESTIMONY IN ANOTHER STATE.
2 IN ADDITION TO OTHER PROCEDURAL DEVICES AVAILABLE TO A PARTY,
3 ANY PARTY TO THE PROCEEDING OR A GUARDIAN AD LITEM OR OTHER
4 REPRESENTATIVE OF THE CHILD MAY ADDUCE TESTIMONY OF WITNESSES,
5 INCLUDING PARTIES AND THE CHILD, BY DEPOSITION OR OTHERWISE, IN
6 ANOTHER STATE. THE COURT ON ITS OWN MOTION MAY DIRECT THAT THE
7 TESTIMONY OF A PERSON BE TAKEN IN ANOTHER STATE AND MAY
8 PRESCRIBE THE MANNER IN WHICH AND THE TERMS UPON WHICH THE
9 TESTIMONY SHALL BE TAKEN.
10 § 5360. HEARINGS AND STUDIES IN ANOTHER STATE; ORDERS TO
11 APPEAR.
12 (A) HEARINGS AND STUDIES.--A COURT OF THIS COMMONWEALTH MAY
13 REQUEST THE APPROPRIATE COURT OF ANOTHER STATE TO HOLD A HEARING
14 TO ADDUCE EVIDENCE, TO ORDER A PARTY TO PRODUCE OR GIVE EVIDENCE
15 UNDER OTHER PROCEDURES OF THAT STATE, OR TO HAVE SOCIAL STUDIES
16 MADE WITH RESPECT TO THE CUSTODY OF A CHILD INVOLVED IN
17 PROCEEDINGS PENDING IN THE COURT OF THIS COMMONWEALTH; AND TO
18 FORWARD TO THE COURT OF THIS COMMONWEALTH CERTIFIED COPIES OF
19 THE TRANSCRIPT OF THE RECORD OF THE HEARING, THE EVIDENCE
20 OTHERWISE ADDUCED, OR ANY SOCIAL STUDIES PREPARED IN COMPLIANCE
21 WITH THE REQUEST. SUBJECT TO GENERAL RULES, THE COST OF THE
22 SERVICES MAY BE ASSESSED AGAINST THE PARTIES OR, IF NECESSARY,
23 ORDERED PAID BY THE COUNTY.
24 (B) ORDER TO APPEAR.--A COURT OF THIS COMMONWEALTH MAY
25 REQUEST THE APPROPRIATE COURT OF ANOTHER STATE TO ORDER A PARTY
26 TO CUSTODY PROCEEDINGS PENDING IN THE COURT OF THIS COMMONWEALTH
27 TO APPEAR IN THE PROCEEDINGS, AND IF THAT PARTY HAS PHYSICAL
28 CUSTODY OF THE CHILD, TO APPEAR WITH THE CHILD. THE REQUEST MAY
29 STATE THAT TRAVEL AND OTHER NECESSARY EXPENSES OF THE PARTY AND
30 OF THE CHILD WHOSE APPEARANCE IS DESIRED WILL BE ASSESSED
19790H1873B3650 - 22 -
1 AGAINST ANOTHER PARTY OR WILL OTHERWISE BE PAID.
2 § 5361. ASSISTANCE TO COURTS OF OTHER STATES.
3 (A) GENERAL RULE.--UPON REQUEST OF THE COURT OF ANOTHER
4 STATE THE COURTS OF THIS COMMONWEALTH WHICH ARE COMPETENT TO
5 HEAR CUSTODY MATTERS MAY ORDER A PERSON IN THIS COMMONWEALTH TO
6 APPEAR AT A HEARING TO ADDUCE EVIDENCE OR TO PRODUCE OR GIVE
7 EVIDENCE UNDER OTHER PROCEDURES AVAILABLE IN THIS COMMONWEALTH
8 OR MAY ORDER SOCIAL STUDIES TO BE MADE FOR USE IN A CUSTODY
9 PROCEEDING IN ANOTHER STATE. A CERTIFIED COPY OF THE TRANSCRIPT
10 OF THE RECORD OF THE HEARING OR THE EVIDENCE OTHERWISE ADDUCED,
11 ANY PSYCHOLOGICAL STUDIES AND ANY SOCIAL STUDIES PREPARED SHALL
12 BE FORWARDED TO THE REQUESTING COURT.
13 (B) VOLUNTARY TESTIMONY.--A PERSON WITHIN THIS COMMONWEALTH
14 MAY VOLUNTARILY GIVE HIS TESTIMONY OR STATEMENT IN THIS
15 COMMONWEALTH FOR USE IN A CUSTODY PROCEEDING OUTSIDE THIS
16 COMMONWEALTH.
17 (C) APPEARANCE IN OTHER STATE.--UPON REQUEST OF THE COURT OF
18 ANOTHER STATE A COMPETENT COURT OF THIS COMMONWEALTH MAY ORDER A
19 PERSON IN THIS COMMONWEALTH TO APPEAR ALONE OR WITH THE CHILD IN
20 A CUSTODY PROCEEDING IN ANOTHER STATE. THE COURT MAY CONDITION
21 COMPLIANCE WITH THE REQUEST UPON ASSURANCE BY THE OTHER STATE
22 THAT TRAVEL AND OTHER NECESSARY EXPENSES WILL BE ADVANCED OR
23 REIMBURSED.
24 § 5362. PRESERVATION OF DOCUMENTS FOR USE IN OTHER STATES.
25 IN ANY CUSTODY PROCEEDING IN THIS COMMONWEALTH THE COURT
26 SHALL PRESERVE THE PLEADINGS, ORDERS AND DECREES, ANY RECORD
27 THAT HAS BEEN MADE OF ITS HEARINGS, SOCIAL STUDIES, AND OTHER
28 PERTINENT DOCUMENTS UNTIL THE CHILD REACHES 18 YEARS OF AGE.
29 UPON APPROPRIATE REQUEST OF THE COURT OF ANOTHER STATE THE COURT
30 SHALL FORWARD TO THE OTHER COURT CERTIFIED COPIES OF ANY OR ALL
19790H1873B3650 - 23 -
1 OF SUCH DOCUMENTS.
2 § 5363. REQUEST FOR COURT RECORDS OF ANOTHER STATE.
3 IF A CUSTODY DECREE HAS BEEN RENDERED IN ANOTHER STATE
4 CONCERNING A CHILD INVOLVED IN A CUSTODY PROCEEDING PENDING IN A
5 COURT OF THIS COMMONWEALTH, THE COURT OF THIS COMMONWEALTH UPON
6 TAKING JURISDICTION OF THE CASE SHALL REQUEST OF THE COURT OF
7 THE OTHER STATE A CERTIFIED COPY OF THE TRANSCRIPT OF ANY COURT
8 RECORD AND OTHER DOCUMENTS MENTIONED IN SECTION 5362 (RELATING
9 TO PRESERVATION OF DOCUMENTS FOR USE IN OTHER STATES).
10 § 5365. INTERNATIONAL APPLICATION.
11 THE GENERAL POLICIES OF THIS SUBCHAPTER EXTEND TO THE
12 INTERNATIONAL AREA. THE PROVISIONS OF THIS SUBCHAPTER RELATING
13 TO THE RECOGNITION AND ENFORCEMENT OF CUSTODY DECREES OF OTHER
14 STATES APPLY TO CUSTODY DECREES AND DECREES INVOLVING LEGAL
15 INSTITUTIONS SIMILAR IN NATURE TO CUSTODY INSTITUTIONS RENDERED
16 BY APPROPRIATE AUTHORITIES OF OTHER NATIONS IF REASONABLE NOTICE
17 AND OPPORTUNITY TO BE HEARD WERE GIVEN TO ALL AFFECTED PERSONS.
18 § 5366. PRIORITY.
19 UPON THE REQUEST OF A PARTY TO A CUSTODY PROCEEDING WHICH
20 RAISES A QUESTION OF EXISTENCE OR EXERCISE OF JURISDICTION UNDER
21 THIS SUBCHAPTER THE CASE SHALL BE GIVEN CALENDAR PRIORITY AND
22 HANDLED EXPEDITIOUSLY.
23 (B) THE ACT OF JUNE 30, 1977 (P.L.29, NO.20), ENTITLED "AN
24 ACT PROVIDING FOR THE CUSTODY OF CHILDREN," IS REPEALED.
25 SECTION 202. CODIFICATION OF ACT NO. 1977-38.--SECTION
26 8124(C) OF TITLE 42, ADDED APRIL 28, 1978 (P.L.202, NO.53), IS
27 AMENDED BY ADDING A PARAGRAPH TO READ:
28 § 8124. EXEMPTION OF PARTICULAR PROPERTY.
29 * * *
30 (C) INSURANCE PROCEEDS.--THE FOLLOWING PROPERTY OR OTHER
19790H1873B3650 - 24 -
1 RIGHTS OF THE JUDGMENT DEBTOR SHALL BE EXEMPT FROM ATTACHMENT OR
2 EXECUTION ON A JUDGMENT:
3 * * *
4 (8) CERTAIN AMOUNTS PAID, PROVIDED OR RENDERED BY A
5 FRATERNAL BENEFIT SOCIETY AS PROVIDED BY SECTION 305 OF THE
6 ACT OF JULY 29, 1977 (P.L.105, NO.38), KNOWN AS THE
7 "FRATERNAL BENEFIT SOCIETY CODE."
8 SECTION 203. CODIFICATION OF ACT NO. 1977-92.--(A) SECTION
9 761(A) OF TITLE 42, AMENDED APRIL 28, 1978 (P.L.202, NO.53) AND
10 SEPTEMBER 28, 1978 (P.L.788, NO.152), IS AMENDED TO READ:
11 § 761. ORIGINAL JURISDICTION.
12 (A) GENERAL RULE.--THE COMMONWEALTH COURT SHALL HAVE
13 ORIGINAL JURISDICTION OF ALL CIVIL ACTIONS OR PROCEEDINGS:
14 (1) AGAINST THE COMMONWEALTH GOVERNMENT, INCLUDING ANY
15 OFFICER THEREOF, ACTING IN HIS OFFICIAL CAPACITY, EXCEPT:
16 (I) ACTIONS OR PROCEEDINGS IN THE NATURE OF
17 APPLICATIONS FOR A WRIT OF HABEAS CORPUS OR POST-
18 CONVICTION RELIEF NOT ANCILLARY TO PROCEEDINGS WITHIN THE
19 APPELLATE JURISDICTION OF THE COURT;
20 (II) EMINENT DOMAIN PROCEEDINGS; AND
21 (III) ACTIONS ON CLAIMS IN WHICH SOVEREIGN IMMUNITY
22 HAS BEEN WAIVED PURSUANT TO SECTION 5110 (RELATING TO
23 LIMITED WAIVER OF SOVEREIGN IMMUNITY) AND PURSUANT TO THE
24 ACT OF MAY 20, 1937 (P.L.728, NO.193), REFERRED TO AS THE
25 BOARD OF ARBITRATION OF CLAIMS ACT.
26 (2) BY THE COMMONWEALTH GOVERNMENT, INCLUDING ANY
27 OFFICER THEREOF, ACTING IN HIS OFFICIAL CAPACITY, EXCEPT
28 EMINENT DOMAIN PROCEEDINGS.
29 (3) ARISING UNDER ARTICLE V OF THE ACT OF MAY 17, 1921
30 (P.L.789, NO.285), KNOWN AS "THE INSURANCE DEPARTMENT ACT OF
19790H1873B3650 - 25 -
1 1921."
2 [(3)] (4) ORIGINAL JURISDICTION OF WHICH IS VESTED IN
3 THE COMMONWEALTH COURT BY ANY STATUTE HEREAFTER ENACTED.
4 * * *
5 (B) SECTION 5322(A)(6) OF TITLE 42, ADDED JULY 9, 1976
6 (P.L.586, NO.142), IS AMENDED TO READ:
7 § 5322. BASES OF PERSONAL JURISDICTION OVER PERSONS OUTSIDE
8 THIS COMMONWEALTH.
9 (A) GENERAL RULE.--A TRIBUNAL OF THIS COMMONWEALTH MAY
10 EXERCISE PERSONAL JURISDICTION OVER A PERSON (OR THE PERSONAL
11 REPRESENTATIVE OF A DECEASED INDIVIDUAL WHO WOULD BE SUBJECT TO
12 JURISDICTION UNDER THIS SUBSECTION IF NOT DECEASED) WHO ACTS
13 DIRECTLY OR BY AN AGENT, AS TO A CAUSE OF ACTION OR OTHER MATTER
14 ARISING FROM SUCH PERSON:
15 * * *
16 (6) (I) CONTRACTING TO INSURE ANY PERSON, PROPERTY, OR
17 RISK LOCATED WITHIN THIS COMMONWEALTH AT THE TIME OF
18 CONTRACTING[, OR BEING].
19 (II) BEING A PERSON WHO CONTROLS, OR WHO IS A
20 DIRECTOR, OFFICER, EMPLOYEE OR AGENT OF A PERSON WHO
21 CONTROLS, AN INSURANCE COMPANY INCORPORATED IN THIS
22 COMMONWEALTH OR AN ALIEN INSURER DOMICILED IN THIS
23 COMMONWEALTH.
24 (III) ENGAGING IN CONDUCT DESCRIBED IN SECTION 504
25 OF THE ACT OF MAY 17, 1921 (P.L.789, NO.285), KNOWN AS
26 "THE INSURANCE DEPARTMENT ACT OF 1921."
27 * * *
28 SECTION 204. CODIFICATION OF ACT NO. 1978-6.--(A) SECTION
29 561 OF TITLE 42, ADDED JULY 9, 1976 (P.L.586, NO.142), IS
30 AMENDED TO READ:
19790H1873B3650 - 26 -
1 § 561. COMMONWEALTH COURT.
2 THE COMMONWEALTH COURT OF PENNSYLVANIA SHALL CONSIST OF
3 [SEVEN] NINE JUDGES.
4 (B) THE ACT OF MARCH 14, 1978 (P.L.11, NO.6), ENTITLED "AN
5 ACT AMENDING THE ACT OF JANUARY 6, 1970 (1969 P.L.434, NO.185),
6 ENTITLED 'AN ACT RELATING TO THE COMMONWEALTH COURT,
7 IMPLEMENTING SECTION 4 OF ARTICLE V OF THE CONSTITUTION OF THE
8 COMMONWEALTH OF PENNSYLVANIA,' INCREASING THE NUMBER OF JUDGES
9 OF THE COURT AND PROVIDING FOR THEIR APPOINTMENT," IS REPEALED.
10 SECTION 205. (RESERVED).
11 SECTION 206. CODIFICATION OF ACT NO. 1978-38.--(A) SECTIONS
12 5551 AND 5552(A) OF TITLE 42, ADDED JULY 9, 1976 (P.L.586,
13 NO.142), AND AMENDED APRIL 28, 1978 (P.L.202, NO.53), ARE
14 AMENDED TO READ:
15 § 5551. NO LIMITATION APPLICABLE TO MURDER OR VOLUNTARY
16 MANSLAUGHTER.
17 A PROSECUTION FOR MURDER OR FOR VOLUNTARY MANSLAUGHTER MAY BE
18 COMMENCED AT ANY TIME.
19 § 5552. OTHER OFFENSES.
20 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
21 SUBCHAPTER, A PROSECUTION FOR AN OFFENSE OTHER THAN MURDER OR
22 VOLUNTARY MANSLAUGHTER MUST BE COMMENCED WITHIN TWO YEARS AFTER
23 IT IS COMMITTED.
24 * * *
25 (B) THE ACT OF APRIL 28, 1978 (P.L.83, NO.38), ENTITLED "AN
26 ACT AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
27 CONSOLIDATED STATUTES, CHANGING THE TIME FOR PROSECUTING THE
28 OFFENSE OF VOLUNTARY MANSLAUGHTER," IS REPEALED.
29 SECTION 207. CODIFICATION OF ACT NO. 1978-46.--(A) THE
30 DEFINITION OF "DUTY OF SUPPORT" IN SECTION 6702 OF TITLE 42,
19790H1873B3650 - 27 -
1 ADDED APRIL 28, 1978 (P.L.202, NO.53), IS AMENDED AND SECTION
2 6704 OF TITLE 42, ADDED APRIL 28, 1978 (P.L.202, NO.53), IS
3 AMENDED BY ADDING SUBSECTIONS TO READ:
4 § 6702. DEFINITIONS.
5 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
6 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
7 MEANINGS GIVEN TO THEM IN THIS SECTION:
8 * * *
9 "DUTY OF SUPPORT." INCLUDES ANY DUTY OF SUPPORT IMPOSED OR
10 IMPOSABLE BY LAW OR BY ANY COURT ORDER, WHETHER INTERLOCUTORY OR
11 FINAL, WHETHER INCIDENTAL TO A PROCEEDING FOR DIVORCE, LEGAL
12 SEPARATION, SEPARATE MAINTENANCE, PROSECUTION FOR FAILURE TO
13 SUPPORT A CHILD BORN OUT OF LAWFUL WEDLOCK, SUPPORT OF A CHILD
14 BORN OUT OF LAWFUL WEDLOCK, OR OTHERWISE.
15 * * *
16 § 6704. COMMENCEMENT OF SUPPORT ACTIONS.
17 * * *
18 (E) LIMITATION OF ACTIONS.--ALL ACTIONS TO ESTABLISH THE
19 PATERNITY OF A CHILD BORN OUT OF WEDLOCK BROUGHT UNDER THIS
20 SECTION MUST BE COMMENCED WITHIN SIX YEARS OF THE BIRTH OF THE
21 CHILD, EXCEPT WHERE THE REPUTED FATHER SHALL HAVE VOLUNTARILY
22 CONTRIBUTED TO THE SUPPORT OF THE CHILD OR SHALL HAVE
23 ACKNOWLEDGED IN WRITING HIS PATERNITY, IN WHICH CASE AN ACTION
24 MAY BE COMMENCED AT ANY TIME WITHIN TWO YEARS OF ANY SUCH
25 CONTRIBUTION OR ACKNOWLEDGEMENT BY THE REPUTED FATHER.
26 (F) CHARACTER OF ACTION.--AN ACTION BROUGHT UNDER THIS
27 SUBCHAPTER SHALL BE A CIVIL ACTION GOVERNED BY GENERAL RULES
28 APPLICABLE TO CIVIL MATTERS.
29 (G) TRIAL OF PATERNITY.--WHERE THE PATERNITY OF A CHILD BORN
30 OUT OF WEDLOCK IS DISPUTED, THE DETERMINATION OF PATERNITY SHALL
19790H1873B3650 - 28 -
1 BE MADE BY THE COURT WITHOUT A JURY UNLESS EITHER PARTY DEMANDS
2 TRIAL BY JURY. THE TRIAL, WHETHER OR NOT A TRIAL BY JURY IS
3 DEMANDED, SHALL BE A CIVIL TRIAL AND THERE SHALL BE NO RIGHT TO
4 A CRIMINAL TRIAL ON THE ISSUE OF PATERNITY. THE BURDEN OF PROOF
5 SHALL BE BY A PREPONDERANCE OF THE EVIDENCE.
6 (B) THE ACT OF APRIL 28, 1978 (P.L.106, NO.46), ENTITLED "AN
7 ACT AMENDING THE ACT OF JULY 13, 1953 (P.L.431, NO.95), ENTITLED
8 'AN ACT RELATING TO SUPPORT OF DEPENDENTS; PROVIDING A PROCEDURE
9 FOR ENFORCEMENT THEREOF, INCLUDING ATTACHMENT OF PROPERTY AND
10 EARNINGS; CONFERRING POWERS AND IMPOSING DUTIES UPON COURTS,
11 DISTRICT ATTORNEYS AND PROBATION OFFICERS,' REQUIRING SUPPORT OF
12 A CHILD BORN OUT OF LAWFUL WEDLOCK, REQUIRING THE ACTION TO BE
13 BROUGHT WITHIN CERTAIN TIME LIMITS, REQUIRING TRIAL BY THE COURT
14 OR BY JURY IN A CIVIL ACTION AND MAKING REPEALS," IS REPEALED.
15 SECTION 208. CODIFICATION OF ACT NO. 1978-47.--(A) CHAPTER
16 53 OF TITLE 42, AS AMENDED BY SECTION 201 OF THIS ACT, IS
17 AMENDED BY ADDING A SECTION TO READ:
18 § 5364. INTRASTATE APPLICATION.
19 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
20 SECTION, THE PROVISIONS OF THIS SUBCHAPTER ALLOCATING
21 JURISDICTION AND FUNCTIONS BETWEEN AND AMONG COURTS OF DIFFERENT
22 STATES SHALL ALSO ALLOCATE JURISDICTION AND FUNCTIONS BETWEEN
23 AND AMONG THE COURTS OF COMMON PLEAS OF THIS COMMONWEALTH.
24 (B) HOME JURISDICTION.--FOR THE PURPOSES OF THE DEFINITION
25 OF "HOME STATE" IN SECTION 5343 (RELATING TO DEFINITIONS) A
26 PERIOD OF TEMPORARY ABSENCE OF THE CHILD FROM THE PHYSICAL
27 CUSTODY OF THE PARENT, PERSON ACTING AS PARENT OR INSTITUTION
28 SHALL NOT AFFECT THE SIX MONTHS OR OTHER PERIOD.
29 (C) PETITIONER.--AS USED IN THIS SUBCHAPTER INSOFAR AS
30 RELATES TO THE ALLOCATION OF JURISDICTION AND FUNCTIONS BETWEEN
19790H1873B3650 - 29 -
1 AND AMONG THE COURTS OF COMMON PLEAS OF THIS COMMONWEALTH, THE
2 TERM "PETITIONER" MEANS ANYONE SEEKING CHANGE IN THE STATUS OF
3 CUSTODY OF A CHILD EITHER BY AN AFFIRMATIVE ACTION BROUGHT IN A
4 COURT OR AS A DEFENSE TO A CUSTODY ACTION BROUGHT BY A PERSON
5 ACTING AS PARENT WHO HAD PREVIOUSLY BEEN AWARDED CUSTODY OF THE
6 CHILD.
7 (D) EFFECT OF AGENCY INVESTIGATION.--SECTION 5344(A)(5)
8 (RELATING TO JURISDICTION) SHALL NOT BE APPLICABLE FOR THE
9 PURPOSES OF THIS SECTION.
10 (E) PERIOD OF NOTICE.--NOTICE UNDER SECTION 5346 (RELATING
11 TO NOTICE TO PERSONS OUTSIDE THIS COMMONWEALTH; SUBMISSION TO
12 JURISDICTION) SHALL BE SERVED, MAILED, DELIVERED OR LAST
13 PUBLISHED AT LEAST 20 DAYS BEFORE ANY HEARING.
14 (F) JURISDICTION DECLINED BY REASON OF CONDUCT.--
15 (1) IF IT IS JUST AND PROPER UNDER THE CIRCUMSTANCES,
16 WHEN THE PETITIONER FOR AN INITIAL DECREE HAS WRONGFULLY
17 TAKEN THE CHILD FROM ANOTHER JURISDICTION OR HAS ENGAGED IN
18 IMPROPER CONDUCT INTENDING TO BENEFIT HIS POSITION IN A
19 CUSTODY PROCEEDING, UPON PRESENTATION OF THE PETITION, THE
20 COURT SHALL DECLINE TO EXERCISE JURISDICTION OR SHALL
21 EXERCISE JURISDICTION ONLY TO ISSUE AN ORDER, PENDING A FULL
22 HEARING IN THE APPROPRIATE JURISDICTION, RETURNING THE
23 PARTIES TO THE CUSTODIAL STATUS QUO EXISTING PRIOR TO THE
24 IMPROPER CONDUCT OR WRONGFUL TAKING UNLESS THE PETITIONER CAN
25 SHOW THAT CONDITIONS IN THE FORMER CUSTODIAL HOUSEHOLD ARE
26 PHYSICALLY OR EMOTIONALLY HARMFUL TO THE CHILD.
27 (2) UNLESS REQUIRED IN THE INTEREST OF THE CHILD, THE
28 COURT SHALL NOT EXERCISE ITS JURISDICTION TO MODIFY A CUSTODY
29 DECREE OF ANOTHER COURT IF THE PETITIONER, WITHOUT CONSENT OF
30 THE PERSON ENTITLED TO CUSTODY HAS:
19790H1873B3650 - 30 -
1 (I) IMPROPERLY REMOVED THE CHILD FROM THE PHYSICAL
2 CUSTODY OF THE PERSON ENTITLED TO CUSTODY;
3 (II) IMPROPERLY RETAINED THE CHILD AFTER A VISIT OR
4 OTHER TEMPORARY RELINQUISHMENT OF PHYSICAL CUSTODY; OR
5 (III) REMOVED THE CHILD FROM THE JURISDICTION OF THE
6 COURT ENTERING THE DECREE WITHOUT 20 DAYS WRITTEN NOTICE
7 TO THE COURT ENTERING THE DECREE AND ANY PARTY ENTITLED
8 TO CUSTODY OR VISITATION RIGHTS UNDER THE TERMS OF THE
9 DECREE.
10 IF THE PETITIONER HAS VIOLATED ANY PROVISION OF A CUSTODY
11 DECREE OF ANOTHER COURT, THE COURT SHALL DECLINE TO EXERCISE
12 ITS JURISDICTION UNLESS THE CONTESTANT CAN SHOW THAT
13 CONDITIONS IN THE CUSTODIAL HOUSEHOLD ARE PHYSICALLY OR
14 EMOTIONALLY HARMFUL TO THE CHILD. THE BURDEN OF PROOF ON THIS
15 ISSUE IS ON THE CONTESTANT REQUESTING THE COURT TO TAKE
16 JURISDICTION.
17 (3) SUBJECT TO GENERAL RULES, IN APPROPRIATE CASES A
18 COURT DISMISSING A PETITION UNDER THIS SUBSECTION MAY CHARGE
19 THE PETITIONER WITH NECESSARY TRAVEL AND OTHER EXPENSES,
20 INCLUDING ATTORNEYS' FEES, INCURRED BY OTHER PARTIES OR THEIR
21 WITNESSES.
22 (G) STATEWIDE ORDERS.--A COURT MAY UNDER SECTION 5352(A)
23 (RELATING TO APPEARANCE OF PARTIES AND THE CHILD) ISSUE ORDERS
24 TO ANY PARTY TO THE PROCEEDING WHO IS IN ANY JUDICIAL DISTRICT
25 OF THIS COMMONWEALTH.
26 (H) MODIFICATION OF CUSTODY DECREES.--
27 (1) IF ANOTHER COURT HAS MADE A CUSTODY DECREE, A COURT
28 BEFORE WHICH A PETITION FOR MODIFICATION IS PENDING SHALL NOT
29 MODIFY THE DECREE OF THE OTHER COURT UNLESS IT APPEARS TO THE
30 COURT BEFORE WHICH THE PETITION IS PENDING THAT THE OTHER
19790H1873B3650 - 31 -
1 COURT WHICH RENDERED THE DECREE DOES NOT HAVE JURISDICTION
2 UNDER JURISDICTIONAL PREREQUISITES SUBSTANTIALLY IN
3 ACCORDANCE WITH THIS SUBCHAPTER OR HAS DECLINED TO ASSUME
4 JURISDICTION TO MODIFY ITS DECREE AND THE PROVISIONS OF
5 SUBSECTION (F)(2) WILL NOT BE VIOLATED BY AN EXERCISE OF
6 JURISDICTION BY THE COURT BEFORE WHICH THE PETITION IS
7 PENDING.
8 (2) IF A COURT OF THIS COMMONWEALTH IS AUTHORIZED UNDER
9 PARAGRAPH (1) TO MODIFY A CUSTODY DECREE OF ANOTHER COURT IT
10 SHALL GIVE DUE CONSIDERATION TO THE TRANSCRIPT OF THE RECORD
11 AND OTHER DOCUMENTS OF ALL PREVIOUS PROCEEDINGS SUBMITTED TO
12 IT IN ACCORDANCE WITH SECTION 5363 (RELATING TO REQUEST FOR
13 COURT RECORDS OF ANOTHER STATE).
14 (B) THE ACT OF APRIL 28, 1978 (P.L.108, NO.47) ENTITLED "AN
15 ACT PROVIDING FOR THE CUSTODY OF CHILDREN," IS REPEALED.
16 SECTION 209. CODIFICATION OF REFERENDUM OF MAY 16, 1978.--
17 SECTIONS 3131(B), 3132 AND 3135 OF TITLE 42, ADDED JULY 9, 1976
18 (P.L.586, NO.142), AND SECTION 3131(B) AMENDED APRIL 28, 1978
19 (P.L.202, NO.53) AND OCTOBER 5, 1978 (P.L.1098, NO.257) AND
20 SECTION 3132(B) AMENDED APRIL 28, 1978 (P.L.202, NO.53), ARE
21 AMENDED TO READ:
22 § 3131. SELECTION OF JUDICIAL OFFICERS FOR REGULAR TERMS.
23 * * *
24 (B) RETENTION ELECTION AFTER [INITIAL TERM BY] TRANSFER OR
25 APPOINTMENT.--ANY OF THE FOLLOWING MAY FILE A DECLARATION FOR
26 CANDIDACY FOR RETENTION ELECTION WITH THE SECRETARY OF THE
27 COMMONWEALTH ON OR BEFORE THE FIRST MONDAY OF JANUARY OF THE
28 YEAR PRECEDING THE YEAR IN WHICH HIS TERM OF OFFICE EXPIRES:
29 (1) A PERSON ELECTED TO THE PHILADELPHIA MUNICIPAL COURT
30 PURSUANT TO THIS SECTION, OR CORRESPONDING PROVISIONS OF
19790H1873B3650 - 32 -
1 PRIOR LAW, WHO BECOMES A JUDGE OF THE COMMUNITY COURT OF
2 PHILADELPHIA COUNTY PURSUANT TO SECTION 3321(B)(1) (RELATING
3 TO ESTABLISHMENT OF COMMUNITY COURTS);
4 (2) A PERSON ELECTED TO THE COMMUNITY COURT OF
5 PHILADELPHIA COUNTY PURSUANT TO THIS SECTION WHO BECOMES A
6 JUDGE OF THE PHILADELPHIA MUNICIPAL COURT PURSUANT TO SECTION
7 3322(B) (RELATING TO DISCONTINUANCE OF COMMUNITY COURTS); OR
8 (3) A PERSON APPOINTED TO THE COMMONWEALTH COURT WHO:
9 (I) SHALL HAVE HELD OFFICE AS AN ELECTED JUDGE OF A
10 COURT OF COMMON PLEAS AND SHALL NOT HAVE BEEN DEFEATED
11 FOR REELECTION OR RETENTION ELECTION;
12 (II) SHALL HOLD AN APPOINTIVE TERM ON THE
13 COMMONWEALTH COURT WHICH WHEN ADDED TO HIS OTHER SERVICE
14 AS A JUDGE OF A COURT OF COMMON PLEAS AND/OR THE
15 PHILADELPHIA MUNICIPAL COURT (WHETHER OR NOT CONTINUOUSLY
16 OR ON THE SAME COURT AND WHETHER BY ELECTION OR
17 APPOINTMENT) SHALL AGGREGATE AT LEAST TEN YEARS AS OF THE
18 DATE OF EXPIRATION OF SUCH APPOINTIVE TERM ON THE
19 COMMONWEALTH COURT; AND
20 (III) SHALL HAVE BEEN APPOINTED TO THE COMMONWEALTH
21 COURT PURSUANT TO ANY EXECUTIVE ORDER THEN IN EFFECT
22 RELATING TO THE SELECTION AND SCREENING OF QUALIFIED
23 NOMINEES FOR APPOINTMENT TO THE COURT.
24 IF NO DECLARATION IS FILED, A VACANCY SHALL EXIST UPON THE
25 EXPIRATION OF THE TERM OF OFFICE OF SUCH JUDGE, TO BE FILLED BY
26 ELECTION UNDER SUBSECTION (C). IF A JUDGE FILES A DECLARATION,
27 HIS NAME SHALL BE SUBMITTED TO THE ELECTORS WITHOUT PARTY
28 DESIGNATION, AS A SEPARATE JUDICIAL QUESTION OR IN A SEPARATE
29 COLUMN OR LINE ON VOTING MACHINES, AT THE MUNICIPAL ELECTION
30 IMMEDIATELY PRECEDING THE EXPIRATION OF THE TERM OF OFFICE OF
19790H1873B3650 - 33 -
1 THE JUDGE, TO DETERMINE ONLY THE QUESTION WHETHER HE SHALL BE
2 RETAINED IN OFFICE. IF A MAJORITY IS AGAINST RETENTION, A
3 VACANCY SHALL EXIST UPON THE EXPIRATION OF HIS TERM OF OFFICE,
4 TO BE FILLED BY APPOINTMENT UNDER SECTION 3132(A) (RELATING TO
5 VACANCIES IN OFFICE). IF A MAJORITY FAVORS RETENTION, THE JUDGE
6 SHALL SERVE FOR A REGULAR TERM OF OFFICE PROVIDED FOR IN SECTION
7 3152 (RELATING TO TENURE OF JUDICIAL OFFICERS), UNLESS SOONER
8 REMOVED OR RETIRED. AT THE EXPIRATION OF SUCH REGULAR TERM SUCH
9 JUDGE SHALL BE ELIGIBLE FOR RETENTION AS PROVIDED IN SECTION
10 3153 (RELATING TO RETENTION ELECTIONS AFTER REGULAR TERM),
11 SUBJECT ONLY TO THE RETIREMENT PROVISIONS OF THIS PART. SECTION
12 3133 (RELATING TO COMMONWEALTH COURT JUDGES) SHALL NOT BE
13 APPLICABLE TO AN ELECTION CONDUCTED PURSUANT TO THIS SUBSECTION.
14 * * *
15 § 3132. VACANCIES IN OFFICE.
16 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
17 VACANCY IN THE OFFICE OF JUDGE OR DISTRICT JUSTICE SHALL BE
18 FILLED BY APPOINTMENT BY THE GOVERNOR. THE APPOINTMENT SHALL BE
19 WITH THE ADVICE AND CONSENT OF TWO-THIRDS OF THE MEMBERS ELECTED
20 TO THE SENATE, EXCEPT IN THE CASE OF DISTRICT JUSTICES WHICH
21 SHALL BE BY A MAJORITY. THE PERSON SO APPOINTED SHALL SERVE FOR
22 [AN INITIAL] A TERM ENDING ON THE FIRST MONDAY OF JANUARY
23 FOLLOWING THE NEXT MUNICIPAL ELECTION MORE THAN TEN MONTHS AFTER
24 THE VACANCY OCCURS OR FOR THE REMAINDER OF THE UNEXPIRED TERM
25 WHICHEVER IS LESS.
26 (B) PITTSBURGH MAGISTRATES COURT.--A VACANCY IN THE OFFICE
27 OF JUDGE OF THE PITTSBURGH MAGISTRATES COURT SHALL BE FILLED AS
28 PROVIDED IN SECTION 3131(D) (RELATING TO PITTSBURGH MAGISTRATES
29 COURT).
30 (C) RETENTION VACANCIES.--THE PROVISIONS OF SUBSECTION (A)
19790H1873B3650 - 34 -
1 SHALL NOT APPLY [EITHER IN THE CASE OF] TO A VACANCY TO BE
2 FILLED BY RETENTION ELECTION AS PROVIDED IN SECTION 3131(B)
3 (RELATING TO RETENTION ELECTION AFTER [INITIAL TERM BY] TRANSFER
4 OR APPOINTMENT) OR SECTION 3153 (RELATING TO RETENTION ELECTIONS
5 AFTER REGULAR TERM) OR [IN CASE OF] TO A VACANCY CREATED BY
6 FAILURE OF A JUDGE TO FILE A DECLARATION FOR RETENTION ELECTION
7 AS PROVIDED IN SECTION 3131(B) OR SECTION 3153.
8 (D) VACANCIES FOLLOWING [INITIAL] APPOINTIVE TERM.--[IN CASE
9 OF A] A VACANCY OCCURRING AT THE EXPIRATION OF AN APPOINTIVE
10 TERM UNDER SUBSECTION (A)[, THE VACANCY] SHALL BE FILLED BY
11 ELECTION AS PROVIDED IN SECTION 3131 (RELATING TO SELECTION OF
12 JUDICIAL OFFICERS FOR REGULAR TERMS).
13 § 3135. INCREASE IN NUMBER OF JUDGES.
14 WHENEVER THE NUMBER OF JUDGES OF A COURT IS INCREASED BY
15 STATUTE, UNLESS OTHERWISE EXPRESSLY PROVIDED BY STATUTE, THE
16 ADDITIONAL JUDICIAL POSITIONS THEREBY CREATED SHALL BE DEEMED TO
17 BE VACANCIES OCCURRING ON THE EFFECTIVE DATE OF THE STATUTE, AND
18 SHALL BE FILLED IN THE MANNER AND FOR THE [INITIAL] TERM
19 PROVIDED IN THIS CHAPTER FOR OTHER VACANCIES ON SUCH COURT.
20 SECTION 210. CODIFICATION OF ACT NO. 1978-140.--(A) SECTION
21 8533 OF TITLE 24, ADDED OCTOBER 2, 1975 (P.L.298, NO.96), IS
22 REENACTED AND AMENDED TO READ:
23 § 8533. TAXATION, ATTACHMENT AND ASSIGNMENT OF FUNDS.
24 (A) GENERAL RULE.--[THE] EXCEPT AS PROVIDED IN SUBSECTION
25 (B), THE RIGHT OF A PERSON TO A MEMBER'S ANNUITY, A STATE
26 ANNUITY, OR RETIREMENT ALLOWANCE, TO THE RETURN OF
27 CONTRIBUTIONS, ANY BENEFIT OR RIGHT ACCRUED OR ACCRUING TO ANY
28 PERSON UNDER THE PROVISIONS OF THIS PART, AND THE MONEYS IN THE
29 FUND ARE HEREBY EXEMPT FROM ANY STATE OR MUNICIPAL TAX, AND
30 EXEMPT FROM LEVY AND SALE, GARNISHMENT, ATTACHMENT, OR ANY OTHER
19790H1873B3650 - 35 -
1 PROCESS WHATSOEVER, AND SHALL BE UNASSIGNABLE.
2 (B) FORFEITURE.--RIGHTS UNDER THIS PART SHALL BE SUBJECT TO
3 FORFEITURE AS PROVIDED BY THE ACT OF JULY 8, 1978 (P.L.752,
4 NO.140), KNOWN AS THE "PUBLIC EMPLOYEE PENSION FORFEITURE ACT."
5 (B) SECTION 8124(B) OF TITLE 42, ADDED APRIL 28, 1978
6 (P.L.202, NO.53), IS REENACTED AND AMENDED TO READ:
7 § 8124. EXEMPTION OF PARTICULAR PROPERTY.
8 * * *
9 (B) RETIREMENT FUNDS AND ACCOUNTS.--
10 (1) [THE] EXCEPT AS PROVIDED IN PARAGRAPH (2), THE
11 FOLLOWING MONEY OR OTHER PROPERTY OF THE JUDGMENT DEBTOR
12 SHALL BE EXEMPT FROM ATTACHMENT OR EXECUTION ON A JUDGMENT:
13 [(1)] (I) CERTAIN AMOUNTS PAYABLE UNDER THE PUBLIC
14 SCHOOL EMPLOYEES' RETIREMENT CODE AS PROVIDED BY 24
15 PA.C.S. § 8533 (RELATING TO TAXATION, ATTACHMENT AND
16 ASSIGNMENT OF FUNDS).
17 [(2)] (II) CERTAIN AMOUNTS PAYABLE UNDER THE STATE
18 EMPLOYEES' RETIREMENT CODE AS PROVIDED BY 71 PA.C.S. §
19 5953 (RELATING TO TAXATION, ATTACHMENT AND ASSIGNMENT OF
20 FUNDS).
21 [(3)] (III) THE RETIREMENT ALLOWANCE PROVIDED FOR
22 IN THE ACT OF MAY 24, 1893 (P.L.129, NO.82).
23 [(4)] (IV) COMPENSATION OR PENSION PROVIDED FOR IN
24 THE ACT OF MAY 20, 1915 (P.L.566, NO.242).
25 [(5)] (V) COMPENSATION OR PENSION PROVIDED FOR IN
26 THE ACT OF MAY 28, 1915 (P.L.596, NO.259).
27 [(6)] (VI) THE RETIREMENT ALLOWANCE, CONTRIBUTIONS
28 AND RETURNED CONTRIBUTIONS UNDER THE ACT OF FEBRUARY 1,
29 1974 (P.L.34, NO.15), KNOWN AS THE "PENNSYLVANIA
30 MUNICIPAL RETIREMENT LAW."
19790H1873B3650 - 36 -
1 [(7)] (VII) ANY PENSION OR ANNUITY, WHETHER BY WAY
2 OF A GRATUITY OR OTHERWISE, GRANTED OR PAID BY ANY
3 PRIVATE CORPORATION OR EMPLOYER TO A RETIRED EMPLOYEE
4 UNDER A PLAN OR CONTRACT WHICH PROVIDES THAT THE PENSION
5 OR ANNUITY SHALL NOT BE ASSIGNABLE.
6 [(8)] (VIII) ANY RETIREMENT OR ANNUITY FUND OF ANY
7 SELF-EMPLOYED PERSON (TO THE EXTENT OF PAYMENTS THERETO
8 MADE WHILE SOLVENT, BUT NOT EXCEEDING THE AMOUNT ACTUALLY
9 EXCLUDED OR DEDUCTED AS RETIREMENT FUNDING FOR FEDERAL
10 INCOME TAX PURPOSES) AND THE APPRECIATION THEREON, THE
11 INCOME THEREFROM AND THE BENEFITS OR ANNUITY PAYABLE
12 THEREUNDER.
13 (2) THE EXEMPTIONS PROVIDED BY PARAGRAPH (1)(I) THROUGH
14 (VI) SHALL BE SUBJECT TO ANY INCONSISTENT PROVISION OF THE
15 ACT OF JULY 8, 1978 (P.L.752, NO.140), KNOWN AS THE "PUBLIC
16 EMPLOYEE PENSION FORFEITURE ACT."
17 * * *
18 (C) SECTION 5953(A) OF TITLE 71, ADDED MARCH 1, 1974
19 (P.L.125, NO.31), IS REENACTED AND AMENDED TO READ:
20 § 5953. TAXATION, ATTACHMENT AND ASSIGNMENT OF FUNDS.
21 (A) GENERAL RULE.--
22 (1) [THE] EXCEPT AS PROVIDED IN PARAGRAPH (2), THE RIGHT
23 OF A PERSON TO ANY BENEFIT OR RIGHT ACCRUED OR ACCRUING UNDER
24 THE PROVISIONS OF THIS PART AND THE MONEYS IN THE FUND ARE
25 HEREBY EXEMPT FROM ANY STATE OR MUNICIPAL TAX, LEVY AND SALE,
26 GARNISHMENT, ATTACHMENT, SPOUSE'S ELECTION, OR ANY OTHER
27 PROCESS WHATSOEVER EXCEPT FOR A SET-OFF BY THE COMMONWEALTH
28 IN THE CASE PROVIDED IN [PARAGRAPH (1)] SUBPARAGRAPH (I), AND
29 SHALL BE UNASSIGNABLE EXCEPT:
30 [(1)] (I) TO THE COMMONWEALTH IN THE CASE OF A
19790H1873B3650 - 37 -
1 MEMBER WHO IS TERMINATING STATE SERVICE AND HAS BEEN
2 DETERMINED TO BE OBLIGATED TO THE COMMONWEALTH FOR THE
3 REPAYMENT OF MONEY OWED ON ACCOUNT OF HIS EMPLOYMENT OR
4 TO THE FUND ON ACCOUNT OF A LOAN FROM A CREDIT UNION
5 WHICH HAS BEEN SATISFIED BY THE BOARD FROM THE FUND.
6 [(2)] (II) TO A CREDIT UNION AS SECURITY FOR A LOAN
7 NOT TO EXCEED $750 AND INTEREST NOT TO EXCEED 6% PER
8 ANNUM DISCOUNTED AND/OR FINES THEREON [PROVIDED THAT] IF
9 THE CREDIT UNION IS NOW OR HEREAFTER ORGANIZED AND
10 INCORPORATED UNDER THE LAWS OF [THE] THIS COMMONWEALTH
11 AND THE MEMBERSHIP OF SUCH CREDIT UNION IS LIMITED SOLELY
12 TO OFFICIALS AND EMPLOYEES OF THE COMMONWEALTH AND
13 [PROVIDED FURTHER THAT] IF SUCH CREDIT UNION [PAY] HAS
14 PAID TO THE FUND $3 FOR EACH SUCH ASSIGNMENT.
15 (2) RIGHTS UNDER THIS PART SHALL BE SUBJECT TO
16 FORFEITURE AS PROVIDED BY THE ACT OF JULY 8, 1978 (P.L.752,
17 NO.140), KNOWN AS THE "PUBLIC EMPLOYEE PENSION FORFEITURE
18 ACT."
19 * * *
20 (D) NOTWITHSTANDING 1 PA.C.S. § 1957 (RELATING TO
21 INEFFECTIVE PROVISIONS NOT REVIVED BY REENACTMENT IN AMENDATORY
22 STATUTES), IT IS HEREBY DECLARED TO BE THE INTENT OF SUBSECTIONS
23 (A) THROUGH (C) TO RESTORE SUCH PROVISIONS TO THEIR STATUS PRIOR
24 TO THE PARTIAL REPEAL EFFECTED BY SECTION 5 OF THE ACT OF JULY
25 8, 1978 (P.L.752, NO.140), KNOWN AS THE "PUBLIC EMPLOYEE PENSION
26 FORFEITURE ACT," EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY SUCH
27 PROVISIONS AS REENACTED AND AMENDED HEREBY.
28 (E) THE PROVISIONS OF THIS SECTION SHALL BE RETROACTIVE TO
29 THE EFFECTIVE DATE OF THE "PUBLIC EMPLOYEE PENSION FORFEITURE
30 ACT."
19790H1873B3650 - 38 -
1 SECTION 211. CODIFICATION OF ACT NO. 1978-149.--SECTIONS
2 3521(A), 3522(A), 3523, 3525, 3526(A) AND (B) AND 3528 OF TITLE
3 42, ADDED JULY 9, 1976 (P.L.586, NO.142) AND SECTION 3521(A)
4 AMENDED APRIL 28, 1978 (P.L.202, NO.53), ARE AMENDED TO READ:
5 § 3521. DEVELOPMENT OF BUDGET INFORMATION.
6 (A) GENERAL RULE.--THE ADMINISTRATIVE OFFICE SHALL ANNUALLY
7 OBTAIN AND PREPARE INFORMATION FOR THE PREPARATION OF A BUDGET
8 FOR THE JUDICIAL DEPARTMENT WITHIN SUCH TIME AS TO COMPLY WITH
9 THE REQUIREMENTS OF SECTION [601] 610 OF THE ACT OF APRIL 9,
10 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF
11 1929." THE ADMINISTRATIVE OFFICE SHALL DISTRIBUTE TO EACH BUDGET
12 RESPONDENT THE PROPER BLANKS NECESSARY FOR THE PREPARATION OF
13 THE BUDGET ESTIMATES, WITH A REQUEST THAT SUCH BLANKS BE
14 RETURNED WITH THE INFORMATION DESIRED, NOT LATER THAN A DATE
15 SPECIFIED BY THE ADMINISTRATIVE OFFICE. SUCH BLANKS SHALL BE IN
16 SUCH FORM AS SHALL BE PRESCRIBED BY THE ADMINISTRATIVE OFFICE TO
17 PROCURE, AS TO FUNCTIONS TO BE FUNDED IN WHOLE OR IN PART
18 THROUGH APPROPRIATIONS THROUGH THE BUDGET OF THE JUDICIAL
19 DEPARTMENT, ANY OR ALL INFORMATION PERTAINING TO THE PURPOSES OF
20 ALL PROGRAMS TO BE FUNDED IN THE BUDGET, THE REVENUES [AND],
21 EXPENDITURES, PROGRAM ACTIVITIES AND ACCOMPLISHMENTS FOR THE
22 PRECEDING FISCAL [YEARS, AND] YEAR, FOR THE CURRENT FISCAL YEAR
23 AND FOR THE BUDGET YEAR AND FOR FOUR SUCCEEDING YEARS, THE
24 [PREVIOUS] APPROPRIATIONS MADE [BY THE GENERAL ASSEMBLY] FOR THE
25 PRECEDING FISCAL YEAR, THE EXPENDITURES THEREFROM, ENCUMBRANCES
26 THEREON, THE AMOUNT UNENCUMBERED AND UNEXPENDED, AN ITEMIZED
27 ESTIMATE OF THE REVENUES AND EXPENDITURES OF THE CURRENT FISCAL
28 YEAR, [AND] FOR THE BUDGET YEAR AND SUCCEEDING [YEAR] YEARS, AND
29 AN ESTIMATE OF THE REVENUES AND AMOUNTS NEEDED AND PROGRAM
30 ACTIVITY AND ACCOMPLISHMENT LEVELS FOR SUCH FUNCTIONS. SUCH
19790H1873B3650 - 39 -
1 BLANKS SHALL ALSO REQUEST THE BUDGET RESPONDENT TO ACCOMPANY
2 THEM WITH A STATEMENT IN WRITING, GIVING THE FACTS, AND AN
3 EXPLANATION OF THE METHODS AND REASONS FOR ARRIVING AT THE
4 ESTIMATES OF RECEIPTS AND EXPENDITURES FOR THE [SUCCEEDING YEAR
5 CONTAINED UPON THE BLANKS RETURNED] BUDGET YEAR AND FOR FOUR
6 SUCCEEDING YEARS.
7 * * *
8 § 3522. PREPARATION OF TENTATIVE BUDGET REQUEST.
9 (A) GENERAL RULE.--THE ADMINISTRATIVE OFFICE SHALL COLLATE
10 AND EXAMINE ALL INFORMATION RECEIVED PURSUANT TO SECTION 3521(A)
11 (RELATING TO DEVELOPMENT OF BUDGET INFORMATION), SHALL CONSULT
12 WITH THE GOVERNING AUTHORITY AND THE OFFICE OF THE BUDGET
13 [SECRETARY], AND SHALL PREPARE AND SUBMIT TO THE GOVERNING
14 AUTHORITY FOR REVIEW AND APPROVAL A TENTATIVE BUDGET REQUEST FOR
15 THE JUDICIAL DEPARTMENT COVERING ALL FUNDS APPROPRIATED TO THE
16 UNIFIED JUDICIAL SYSTEM OR THROUGH THE BUDGET OF THE JUDICIAL
17 DEPARTMENT TO A POLITICAL SUBDIVISION.
18 * * *
19 § 3523. ADOPTION OF FINAL BUDGET REQUEST.
20 (A) GENERAL RULE.--THE GOVERNING AUTHORITY SHALL REVIEW THE
21 TENTATIVE BUDGET REQUEST SUBMITTED BY THE ADMINISTRATIVE OFFICE
22 PURSUANT TO SECTION 3522 (RELATING TO PREPARATION OF TENTATIVE
23 BUDGET REQUEST). AFTER GIVING OPPORTUNITY FOR HEARING TO EACH
24 BUDGET RESPONDENT WHOSE ESTIMATE SUBMITTED PURSUANT TO SECTION
25 3521(A) (RELATING TO DEVELOPMENT OF BUDGET INFORMATION) WOULD BE
26 ALTERED BY THE FINAL BUDGET REQUEST OF THE JUDICIAL DEPARTMENT,
27 THE GOVERNING AUTHORITY SHALL MAKE SUCH MODIFICATIONS IN THE
28 TENTATIVE BUDGET REQUEST OF THE JUDICIAL DEPARTMENT AS IN ITS
29 JUDGMENT ARE NECESSARY OR DESIRABLE, AND SHALL ADOPT A FINAL
30 BUDGET REQUEST OF THE JUDICIAL DEPARTMENT FOR TRANSMISSION TO
19790H1873B3650 - 40 -
1 THE OFFICE OF THE BUDGET [SECRETARY].
2 (B) TRANSMISSION TO OFFICE OF THE BUDGET [SECRETARY].--
3 FOLLOWING ADOPTION OF A FINAL BUDGET REQUEST BY THE GOVERNING
4 AUTHORITY, THE ADMINISTRATIVE OFFICE SHALL TRANSMIT SUCH REQUEST
5 TO THE OFFICE OF THE BUDGET [SECRETARY] WITHIN THE TIME AND IN
6 THE MANNER REQUIRED BY SECTION [601] 610 OF THE ACT OF APRIL 9,
7 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF
8 1929."
9 § 3525. LIST OF EMPLOYEES TO BE FURNISHED.
10 (A) GENERAL RULE.--THE ADMINISTRATIVE OFFICE SHALL, ON
11 [JUNE] JULY 15 OF EACH YEAR, TRANSMIT TO THE DEPARTMENT OF THE
12 AUDITOR GENERAL, THE TREASURY DEPARTMENT, AND THE OFFICE OF THE
13 BUDGET [SECRETARY] A COMPLETE LIST, AND TO THE LEGISLATIVE DATA
14 PROCESSING CENTER A COMPUTER TAPE OF SUCH LIST, AS OF [JUNE]
15 JULY 1 PRECEDING, OF THE NAMES OF ALL PERSONS, EXCEPT DAY-
16 LABORERS, ENTITLED TO RECEIVE COMPENSATION DIRECTLY FROM THE
17 COMMONWEALTH FROM FUNDS APPROPRIATED TO THE UNIFIED JUDICIAL
18 SYSTEM. SUCH LIST SHALL SHOW THE POSITION OCCUPIED BY EACH SUCH
19 PERSON, THE DATE OF BIRTH AND VOTING RESIDENCE OF SUCH PERSON,
20 THE SALARY AT WHICH OR OTHER BASIS UPON WHICH SUCH PERSON IS
21 ENTITLED TO BE PAID, THE DATE WHEN SUCH PERSON ENTERED THE
22 SERVICE OF THE COMMONWEALTH, WHETHER SUCH PERSON HAS BEEN
23 CONTINUOUSLY EMPLOYED BY THE COMMONWEALTH SINCE THAT DATE, AND
24 ALL PERIODS OF SERVICE AND POSITIONS HELD AS AN EMPLOYEE OF THE
25 COMMONWEALTH, OR SUCH PART OF SUCH INFORMATION AS THE GOVERNOR
26 MAY PRESCRIBE.
27 (B) INTERIM CHANGES.--EACH MONTH THEREAFTER, THE
28 ADMINISTRATIVE OFFICE SHALL CERTIFY TO THE DEPARTMENT OF THE
29 AUDITOR GENERAL, THE TREASURY DEPARTMENT, AND THE OFFICE OF THE
30 BUDGET [SECRETARY] ANY CHANGES IN THE ANNUAL LIST OF EMPLOYEES
19790H1873B3650 - 41 -
1 LAST TRANSMITTED TO THEM WHICH SHALL HAVE OCCURRED DURING THE
2 PRECEDING MONTH.
3 (C) PUBLIC INFORMATION.--THE INFORMATION RECEIVED BY THE
4 DEPARTMENT OF THE AUDITOR GENERAL, THE TREASURY DEPARTMENT, AND
5 THE OFFICE OF THE BUDGET [SECRETARY] UNDER THIS SECTION, SHALL
6 BE PUBLIC INFORMATION.
7 § 3526. RELEASE OF FUNDS.
8 (A) GENERAL RULE.--EACH RECIPIENT OF FUNDS APPROPRIATED TO
9 THE UNIFIED JUDICIAL SYSTEM SHALL, FROM TIME TO TIME, AS
10 REQUESTED BY THE ADMINISTRATIVE OFFICE, PREPARE AND SUBMIT TO
11 THE ADMINISTRATIVE OFFICE, FOR APPROVAL OR DISAPPROVAL BY THE
12 GOVERNING AUTHORITY, AN ESTIMATE OF THE AMOUNT OF MONEY REQUIRED
13 AND THE LEVELS OF ACTIVITY AND ACCOMPLISHMENT FOR EACH [ACTIVITY
14 OR FUNCTION TO BE] PROGRAM CARRIED ON BY SUCH RECIPIENT DURING
15 THE ENSUING MONTH, QUARTER, OR SUCH OTHER PERIOD AS THE
16 GOVERNING AUTHORITY SHALL PRESCRIBE. ALL AVAILABLE FEDERAL FUNDS
17 AND FUNDS FROM OTHER SOURCES SHALL BE CHARACTERIZED AS SUCH AND
18 SHALL BE INCLUDED IN THE ESTIMATED EXPENDITURES WHICH MUST BE
19 SUBMITTED TO THE ADMINISTRATIVE OFFICE BEFORE ANY EXPENDITURES
20 THEREFROM MAY BE MADE. IF SUCH ESTIMATE DOES NOT MEET WITH THE
21 APPROVAL OF THE GOVERNING AUTHORITY, IT SHALL BE REVISED IN
22 ACCORDANCE WITH THE DIRECTIONS OF THE GOVERNING AUTHORITY AND
23 RESUBMITTED FOR APPROVAL. THE GOVERNING AUTHORITY MAY ESTABLISH
24 AN AUTHORIZED PERSONNEL COMPLEMENT LEVEL IN CONJUNCTION WITH THE
25 APPROVED EXPENDITURE ESTIMATE.
26 (B) OBSERVANCE OF APPROVED ESTIMATE.--AFTER THE APPROVAL OF
27 ANY SUCH ESTIMATE, IT SHALL BE UNLAWFUL FOR THE RECIPIENT OF
28 FUNDS APPROPRIATED TO THE UNIFIED JUDICIAL SYSTEM TO EXPEND ANY
29 APPROPRIATION, FEDERAL FUNDS OR FUNDS FROM OTHER SOURCES, OR
30 PART THEREOF, EXCEPT IN ACCORDANCE WITH SUCH ESTIMATE AND THE
19790H1873B3650 - 42 -
1 AUTHORIZED COMPLEMENT LEVEL, UNLESS THE [ESTIMATE IS] SAME BE
2 REVISED WITH THE APPROVAL OF THE GOVERNING AUTHORITY AND WITHIN
3 THE LIMITS APPROPRIATED BY THE GENERAL ASSEMBLY.
4 * * *
5 § 3528. FISCAL PERIOD.
6 ALL BOOKS AND ACCOUNTS KEPT BY THE ADMINISTRATIVE OFFICE AND
7 OTHER PERSONNEL OF THE SYSTEM SHALL BE KEPT AS OF THE FISCAL
8 YEAR OR PERIOD ESTABLISHED BY SECTION [608] 617 OF THE ACT OF
9 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
10 CODE OF 1929."
11 SECTION 212. CODIFICATION OF ACT NO. 1978-165.--(A) CHAPTER
12 87 OF TITLE 42, ADDED JULY 9, 1976 (P.L.586, NO.142), IS AMENDED
13 BY ADDING A SUBCHAPTER HEADING AND SUBCHAPTER TO READ:
14 CHAPTER 87
15 GENERAL PROVISIONS
16 SUBCHAPTER A
17 IN GENERAL
18 * * *
19 SUBCHAPTER B
20 AVAILABILITY OF OTHERWISE
21 CONFIDENTIAL INFORMATION
22 SEC.
23 8721. DEFINITIONS.
24 8722. PETITION FOR ACCESS TO CONFIDENTIAL INFORMATION.
25 8723. GROUNDS FOR ACCESS.
26 8724. DISCLOSURE OF CONFIDENTIAL INFORMATION.
27 8725. PENALTIES FOR IMPROPER DISCLOSURE.
28 § 8721. DEFINITIONS.
29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
30 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
19790H1873B3650 - 43 -
1 MEANINGS GIVEN TO THEM IN THIS SECTION:
2 "CONFIDENTIAL INFORMATION." ANY RECORDS, FILES, DATA OR
3 INFORMATION, WITHHELD AS CONFIDENTIAL, WHETHER PURSUANT TO
4 STATUTE OR OTHERWISE, BY ANY COMMONWEALTH AGENCY FROM THE
5 ATTORNEY GENERAL, A DISTRICT ATTORNEY, THE PENNSYLVANIA CRIME
6 COMMISSION OR A COMMITTEE OR SUBCOMMITTEE OF EITHER HOUSE OF THE
7 GENERAL ASSEMBLY HAVING SUBPOENA POWER TO INVESTIGATE CRIMINAL
8 ACTIVITY. THE TERM SHALL NOT INCLUDE PERSONAL INCOME TAX
9 INFORMATION OR THE INVESTIGATIVE OR INTELLIGENCE FILES OF THE
10 STATE POLICE, THE ATTORNEY GENERAL OR THE PENNSYLVANIA CRIME
11 COMMISSION.
12 "CRIME COMMISSION." THE PENNSYLVANIA CRIME COMMISSION
13 EXISTING UNDER THE ACT OF OCTOBER 4, 1978 (P.L.876, NO.169),
14 KNOWN AS THE "PENNSYLVANIA CRIME COMMISSION ACT."
15 § 8722. PETITION FOR ACCESS TO CONFIDENTIAL INFORMATION.
16 THE ATTORNEY GENERAL, A DISTRICT ATTORNEY, THE EXECUTIVE
17 DIRECTOR OF THE CRIME COMMISSION ACTING PURSUANT TO A RESOLUTION
18 OF THE CRIME COMMISSION OR A COMMITTEE OR SUBCOMMITTEE OF EITHER
19 HOUSE OF THE GENERAL ASSEMBLY HAVING SUBPOENA POWER TO
20 INVESTIGATE CRIMINAL ACTIVITY, MAY EX PARTE PETITION ANY JUDGE
21 OF THE COMMONWEALTH COURT FOR AN ORDER PROVIDING ACCESS TO
22 CONFIDENTIAL INFORMATION.
23 § 8723. GROUNDS FOR ACCESS.
24 ANY JUDGE OF THE COMMONWEALTH COURT SHALL ENTER AN ORDER
25 PROVIDING ACCESS TO CONFIDENTIAL INFORMATION IF, ON THE BASIS OF
26 A PETITION UNDER SECTION 8722 (RELATING TO PETITION FOR ACCESS
27 TO CONFIDENTIAL INFORMATION), HE FINDS THAT:
28 (1) THE PETITIONER IS ENGAGED IN AN ONGOING
29 INVESTIGATION OF CRIMINAL ACTIVITY; AND
30 (2) A COMMONWEALTH AGENCY MAY HAVE CONFIDENTIAL
19790H1873B3650 - 44 -
1 INFORMATION REASONABLY RELATED TO SUCH AN INVESTIGATION.
2 § 8724. DISCLOSURE OF CONFIDENTIAL INFORMATION.
3 (A) GENERAL RULE.--DISCLOSURE OF CONFIDENTIAL INFORMATION
4 SHALL BE LIMITED AS FOLLOWS:
5 (1) DISCLOSURE BY THE COMMONWEALTH AGENCY HOLDING SUCH
6 INFORMATION SHALL BE LIMITED TO PERSONS PERSONALLY AND
7 DIRECTLY ENGAGED IN THE ONGOING INVESTIGATION BY THE
8 PETITIONER UNDER SECTION 8723 (RELATING TO GROUNDS FOR
9 ACCESS); AND
10 (2) DISCLOSURE BY THE PETITIONER:
11 (I) IN THE CASE OF THE ATTORNEY GENERAL OR A
12 DISTRICT ATTORNEY, SHALL BE LIMITED TO JUDICIAL OR
13 ADMINISTRATIVE PROCEEDINGS;
14 (II) IN THE CASE OF THE CRIME COMMISSION, SHALL BE
15 LIMITED TO OFFICIAL REPORTS; AND
16 (III) IN THE CASE OF A COMMITTEE OR SUBCOMMITTEE OF
17 EITHER HOUSE OF THE GENERAL ASSEMBLY, SHALL BE LIMITED TO
18 REGULAR MEETINGS OF THE COMMITTEE OR SUBCOMMITTEE OR
19 DEBATE ON THE FLOOR.
20 (B) CONTENTS OF ORDER.--COMMONWEALTH COURT ORDERS ENTERED
21 UNDER SECTION 8723 SHALL SPECIFICALLY LIMIT THE DISCLOSURE OF
22 CONFIDENTIAL INFORMATION AS PROVIDED IN SUBSECTION (A).
23 § 8725. PENALTIES FOR IMPROPER DISCLOSURE.
24 (A) CRIMINAL PENALTIES.--ANY PERSON WHO DISCLOSES ANY
25 CONFIDENTIAL INFORMATION OBTAINED UNDER THIS SUBCHAPTER OTHER
26 THAN AS PROVIDED IN SECTION 8724 (RELATING TO DISCLOSURE OF
27 CONFIDENTIAL INFORMATION) OR OTHERWISE AUTHORIZED BY LAW COMMITS
28 A FELONY OF THE THIRD DEGREE.
29 (B) CIVIL LIABILITY.--ANY PERSON WHO DISCLOSES ANY
30 CONFIDENTIAL INFORMATION OBTAINED UNDER THIS SUBCHAPTER OTHER
19790H1873B3650 - 45 -
1 THAN AS PROVIDED IN SECTION 8724 OR OTHERWISE AUTHORIZED BY LAW
2 SHALL BE LIABLE TO ANY PERSON DAMAGED THEREBY IN AN ACTION FOR
3 INVASION OF PRIVACY FOR THE FOLLOWING:
4 (1) TREBLE THE ACTUAL DAMAGES PROVED.
5 (2) REASONABLE ATTORNEY FEES.
6 (C) GOOD FAITH RELIANCE ON A COURT ORDER.--GOOD FAITH
7 RELIANCE ON A COURT ORDER ENTERED UNDER THIS SUBCHAPTER SHALL BE
8 A COMPLETE DEFENSE TO ANY CRIMINAL LIABILITY UNDER SUBSECTION
9 (A) OR CIVIL LIABILITY UNDER SUBSECTION (B).
10 (B) THE ACT OF OCTOBER 4, 1978 (P.L.849, NO.165), ENTITLED
11 "AN ACT PROVIDING FOR THE AVAILABILITY OF OTHERWISE CONFIDENTIAL
12 INFORMATION FOR INVESTIGATIVE PURPOSES," IS REPEALED.
13 SECTION 213. CONFORMING AMENDMENT RESPONSIVE TO ACT NO.
14 1978-168.--(A) SECTION 911(G) OF TITLE 18, AMENDED APRIL 28,
15 1978 (P.L.202, NO.53), IS AMENDED TO READ:
16 § 911. CORRUPT ORGANIZATIONS.
17 * * *
18 (G) IMMUNITY.--WHENEVER ANY INDIVIDUAL REFUSES, ON THE BASIS
19 OF HIS PRIVILEGE AGAINST SELF-INCRIMINATION, TO COMPLY WITH A
20 CIVIL INVESTIGATIVE DEMAND ISSUED PURSUANT TO SUBSECTION (F) OR
21 TO TESTIFY OR PRODUCE OTHER INFORMATION IN ANY PROCEEDING UNDER
22 SUBSECTION (D), THE ATTORNEY GENERAL MAY INVOKE THE PROVISIONS
23 OF 42 PA.C.S. § 5947 (RELATING TO [ORDER TO TESTIFY IN CASES
24 INVOLVING ORGANIZED CRIME OR RACKETEERING) BY PRESENTING A
25 PETITION PURSUANT TO 42 PA.C.S. § 5947(B), EXCEPT THAT THE
26 PHRASE "CAUSE OF ACTION" IN 42 PA.C.S. § 5947(C) SHALL NOT REFER
27 TO CIVIL PROCEEDINGS BROUGHT PURSUANT TO THE PROVISIONS OF
28 SUBSECTION (D) OF THIS SECTION] IMMUNITY OF WITNESSES).
29 * * *
30 (B) SECTION 5947 OF TITLE 42, AMENDED OCTOBER 4, 1978
19790H1873B3650 - 46 -
1 (P.L.873, NO.168), IS AMENDED TO READ:
2 § 5947. IMMUNITY OF WITNESSES.
3 (A) [DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
4 IN THIS SECTION SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES
5 OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
6 "DESIGNATED COURT."
7 (1) IN THE CASE OF PROCEEDINGS BEFORE COURTS, COUNTYWIDE
8 GRAND JURIES, COUNTYWIDE INVESTIGATING GRAND JURIES AND
9 DISTRICT JUSTICES: THE COURT OF COMMON PLEAS OF THE JUDICIAL
10 DISTRICT IN WHICH THE PROCEEDING IS TAKING PLACE.
11 (2) IN THE CASE OF PROCEEDINGS BEFORE MULTICOUNTY
12 INVESTIGATING GRAND JURIES: THE JUDGE OF THE COURT OF COMMON
13 PLEAS DESIGNATED AS SUPERVISING JUDGE OF THAT GRAND JURY.
14 "IMMUNITY ORDER." AN ORDER ISSUED UNDER THIS SECTION BY A
15 DESIGNATED COURT, DIRECTING A WITNESS TO TESTIFY OR PRODUCE
16 OTHER INFORMATION OVER A CLAIM OF PRIVILEGE AGAINST SELF-
17 INCRIMINATION.
18 (B) AVAILABILITY] GENERAL RULE.--IMMUNITY ORDERS SHALL BE
19 AVAILABLE UNDER THIS SECTION IN ALL PROCEEDINGS BEFORE:
20 (1) COURTS.
21 (2) GRAND JURIES.
22 (3) INVESTIGATING GRAND JURIES.
23 (4) [DISTRICT JUSTICES,] THE MINOR JUDICIARY OR CORONERS
24 [OR MAGISTRATES].
25 [(C)] (B) REQUEST AND ISSUANCE.--THE ATTORNEY GENERAL OR A
26 DISTRICT ATTORNEY MAY REQUEST AN IMMUNITY ORDER FROM ANY JUDGE
27 OF A DESIGNATED COURT, AND THAT JUDGE SHALL ISSUE SUCH AN ORDER,
28 WHEN IN THE JUDGMENT OF THE ATTORNEY GENERAL OR DISTRICT
29 ATTORNEY:
30 (1) THE TESTIMONY OR OTHER INFORMATION FROM A WITNESS
19790H1873B3650 - 47 -
1 MAY BE NECESSARY TO THE PUBLIC INTEREST; AND
2 (2) A WITNESS HAS REFUSED OR IS LIKELY TO REFUSE TO
3 TESTIFY OR PROVIDE OTHER INFORMATION ON THE BASIS OF HIS
4 PRIVILEGE AGAINST SELF-INCRIMINATION.
5 [(D)] (C) ORDER TO TESTIFY.--WHENEVER A WITNESS REFUSES, ON
6 THE BASIS OF HIS PRIVILEGE AGAINST SELF-INCRIMINATION, TO
7 TESTIFY OR PROVIDE OTHER INFORMATION IN A PROCEEDING SPECIFIED
8 IN SUBSECTION [(B)] (A), AND THE PERSON PRESIDING AT SUCH
9 PROCEEDING COMMUNICATES TO THE WITNESS AN IMMUNITY ORDER, THAT
10 WITNESS MAY NOT REFUSE TO TESTIFY BASED ON HIS PRIVILEGE AGAINST
11 SELF-INCRIMINATION.
12 [(E)] (D) LIMITATION ON USE.--NO TESTIMONY OR OTHER
13 INFORMATION COMPELLED UNDER AN IMMUNITY ORDER, OR ANY
14 INFORMATION DIRECTLY OR INDIRECTLY DERIVED FROM SUCH TESTIMONY
15 OR OTHER INFORMATION, MAY BE USED AGAINST A WITNESS IN ANY
16 CRIMINAL CASE, EXCEPT THAT SUCH INFORMATION MAY BE USED:
17 (1) IN A PROSECUTION UNDER 18 PA.C.S. § 4902 (RELATING
18 TO PERJURY) OR UNDER 18 PA.C.S. § 4903 (RELATING TO FALSE
19 SWEARING);
20 (2) IN A CONTEMPT PROCEEDING FOR FAILURE TO COMPLY WITH
21 AN IMMUNITY ORDER; OR
22 (3) AS EVIDENCE, WHERE OTHERWISE ADMISSIBLE, IN ANY
23 PROCEEDING WHERE THE WITNESS IS NOT A CRIMINAL DEFENDANT.
24 [(F)] (E) CIVIL CONTEMPT.--ANY PERSON WHO SHALL FAIL TO
25 COMPLY WITH AN IMMUNITY ORDER MAY BE ADJUDGED IN CIVIL CONTEMPT
26 AND COMMITTED TO THE COUNTY JAIL UNTIL SUCH TIME AS HE PURGES
27 HIMSELF OF CONTEMPT BY COMPLYING WITH THE ORDER[: PROVIDED,
28 THAT] , EXCEPT THAT WITH REGARD TO PROCEEDINGS BEFORE GRAND
29 JURIES OR INVESTIGATING GRAND JURIES, IF THE GRAND JURY BEFORE
30 WHICH A PERSON HAS BEEN ORDERED TO TESTIFY HAS BEEN DISSOLVED,
19790H1873B3650 - 48 -
1 HE MAY THEN PURGE HIMSELF OF CONTEMPT BY COMPLYING BEFORE THE
2 DESIGNATED COURT WHICH ISSUED THE ORDER.
3 [(G)] (F) CRIMINAL CONTEMPT.--IN ADDITION TO CIVIL CONTEMPT
4 AS PROVIDED IN SUBSECTION [(F)] (E), ANY PERSON WHO SHALL FAIL
5 TO COMPLY WITH AN IMMUNITY ORDER SHALL BE GUILTY OF CRIMINAL
6 CONTEMPT, AND UPON CONVICTION THEREOF, SHALL BE SENTENCED TO PAY
7 A FINE OF NOT MORE THAN $1,000 OR TO UNDERGO IMPRISONMENT FOR A
8 PERIOD OF NOT MORE THAN ONE YEAR, OR BOTH.
9 (G) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
10 IN THIS SECTION SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES
11 OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
12 "DESIGNATED COURT."
13 (1) IN THE CASE OF PROCEEDINGS BEFORE COURTS, COUNTYWIDE
14 GRAND JURIES, COUNTYWIDE INVESTIGATING GRAND JURIES, THE
15 MINOR JUDICIARY OR CORONERS: THE COURT OF COMMON PLEAS OF THE
16 JUDICIAL DISTRICT IN WHICH THE PROCEEDING IS TAKING PLACE.
17 (2) IN THE CASE OF PROCEEDINGS BEFORE MULTICOUNTY
18 INVESTIGATING GRAND JURIES: THE JUDGE OF THE COURT OF COMMON
19 PLEAS DESIGNATED AS SUPERVISING JUDGE OF THAT GRAND JURY.
20 "IMMUNITY ORDER." AN ORDER ISSUED UNDER THIS SECTION BY A
21 DESIGNATED COURT, DIRECTING A WITNESS TO TESTIFY OR PRODUCE
22 OTHER INFORMATION OVER A CLAIM OF PRIVILEGE AGAINST SELF-
23 INCRIMINATION.
24 SECTION 214. CODIFICATION OF ACT NO. 1978-255.--THE
25 DEFINITION OF "INDEPENDENT AGENCY" IN SECTION 102 OF TITLE 42,
26 ADDED JULY 9, 1976 (P.L.586, NO.142), IS AMENDED TO READ:
27 § 102. DEFINITIONS.
28 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
29 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
30 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
19790H1873B3650 - 49 -
1 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
2 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
3 * * *
4 "INDEPENDENT AGENCY." BOARDS, COMMISSIONS, AUTHORITIES AND
5 OTHER AGENCIES AND OFFICERS OF THE COMMONWEALTH GOVERNMENT WHICH
6 ARE NOT SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE
7 GOVERNOR, BUT THE TERM DOES NOT INCLUDE ANY COURT OR OTHER
8 OFFICER OR AGENCY OF THE UNIFIED JUDICIAL SYSTEM OR THE GENERAL
9 ASSEMBLY AND ITS OFFICERS AND AGENCIES. FOR PURPOSES OF
10 JURISDICTION OF COURTS THE TERM INCLUDES THE PENNSYLVANIA
11 DEPOSIT INSURANCE CORPORATION EXISTING UNDER THE ACT OF OCTOBER
12 5, 1978 (P.L.1088, NO.255), KNOWN AS THE "PENNSYLVANIA DEPOSIT
13 INSURANCE CORPORATION ACT."
14 * * *
15 SECTION 215. (RESERVED).
16 SECTION 216. CODIFICATION OF ACT NOS. 1978-271 AND 1979-
17 50.--(A) (1) IN PRINTING THE LAWS OF PENNSYLVANIA AND THE
18 PENNSYLVANIA CONSOLIDATED STATUTES THE LEGISLATIVE REFERENCE
19 BUREAU PURSUANT TO 1 PA.C.S. § 1105(D)(1) SHALL RENUMBER
20 SUBCHAPTERS D AND E OF CHAPTER 45 AND SECTIONS 4541 AND 4542 OF
21 TITLE 42, AS ADDED BY ACT NO. 1980 ____, (HOUSE BILL 227,
22 PRINTER'S NO. 3585), AS SUBCHAPTERS E AND F AND SECTIONS 4531
23 AND 4532, RESPECTIVELY.
24 (2) CHAPTER 45 OF TITLE 42 IS AMENDED BY ADDING A SUBCHAPTER
25 TO READ:
26 SUBCHAPTER D
27 INVESTIGATING GRAND JURIES
28 SEC.
29 4541. SHORT TITLE OF SUBCHAPTER.
30 4542. DEFINITIONS.
19790H1873B3650 - 50 -
1 4543. CONVENING COUNTY INVESTIGATING GRAND JURY.
2 4544. CONVENING MULTICOUNTY INVESTIGATING GRAND JURY.
3 4545. COMPOSITION OF INVESTIGATING GRAND JURY.
4 4546. TERM OF INVESTIGATING GRAND JURY.
5 4547. ADDITIONAL INVESTIGATING GRAND JURIES.
6 4548. POWERS OF INVESTIGATING GRAND JURY.
7 4549. INVESTIGATING GRAND JURY PROCEEDINGS.
8 4550. SUBMISSION OF INVESTIGATIONS BY ATTORNEY FOR THE
9 COMMONWEALTH TO INVESTIGATING GRAND JURY.
10 4551. INVESTIGATING GRAND JURY PRESENTMENTS.
11 4552. INVESTIGATING GRAND JURY REPORTS.
12 4553. EXPENSES OF INVESTIGATING GRAND JURIES.
13 § 4541. SHORT TITLE OF SUBCHAPTER.
14 THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
15 "INVESTIGATING GRAND JURY ACT."
16 § 4542. DEFINITIONS.
17 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
18 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
19 MEANINGS GIVEN TO THEM IN THIS SECTION:
20 "ATTORNEY FOR THE COMMONWEALTH." THE DISTRICT ATTORNEY OF
21 THE COUNTY IN WHICH A COUNTY INVESTIGATING GRAND JURY IS
22 SUMMONED, OR HIS DESIGNEE, OR THE ATTORNEY GENERAL OR HIS
23 DESIGNEE IF THE ATTORNEY GENERAL HAS SUPERSEDED THE DISTRICT
24 ATTORNEY; THE ATTORNEY GENERAL, OR HIS DESIGNEE, WITH RESPECT TO
25 MULTICOUNTY INVESTIGATING GRAND JURIES.
26 "INVESTIGATING GRAND JURY." THE COUNTY INVESTIGATING GRAND
27 JURY OR THE MULTICOUNTY INVESTIGATING GRAND JURY OR BOTH.
28 "INVESTIGATING GRAND JURY PRESENTMENT." A WRITTEN FORMAL
29 RECOMMENDATION BY AN INVESTIGATING GRAND JURY THAT SPECIFIC
30 PERSONS BE CHARGED WITH SPECIFIC CRIMES.
19790H1873B3650 - 51 -
1 "INVESTIGATING GRAND JURY REPORT." A REPORT SUBMITTED BY THE
2 INVESTIGATING GRAND JURY TO THE SUPERVISING JUDGE REGARDING
3 CONDITIONS RELATING TO ORGANIZED CRIME OR PUBLIC CORRUPTION OR
4 BOTH; OR PROPOSING RECOMMENDATIONS FOR LEGISLATIVE, EXECUTIVE,
5 OR ADMINISTRATIVE ACTION IN THE PUBLIC INTEREST BASED UPON
6 STATED FINDINGS.
7 "INVESTIGATIVE RESOURCES OF THE GRAND JURY." THE POWER TO
8 COMPEL THE ATTENDANCE OF INVESTIGATING WITNESSES; THE POWER TO
9 COMPEL THE TESTIMONY OF INVESTIGATING WITNESSES UNDER OATH; THE
10 POWER TO TAKE INVESTIGATING TESTIMONY FROM WITNESSES WHO HAVE
11 BEEN GRANTED IMMUNITY; THE POWER TO REQUIRE THE PRODUCTION OF
12 DOCUMENTS, RECORDS AND OTHER EVIDENCE; THE POWER TO OBTAIN THE
13 INITIATION OF CIVIL AND CRIMINAL CONTEMPT PROCEEDINGS; AND EVERY
14 INVESTIGATIVE POWER OF ANY GRAND JURY OF THE COMMONWEALTH.
15 "MULTICOUNTY INVESTIGATING GRAND JURY." A STATEWIDE OR
16 REGIONAL INVESTIGATING GRAND JURY CONVENED BY THE SUPREME COURT
17 UPON THE APPLICATION OF THE ATTORNEY GENERAL AND HAVING
18 JURISDICTION TO INQUIRE INTO ORGANIZED CRIME OR PUBLIC
19 CORRUPTION OR BOTH UNDER CIRCUMSTANCES WHEREIN MORE THAN ONE
20 COUNTY IS NAMED IN THE ORDER CONVENING SAID INVESTIGATING GRAND
21 JURY.
22 "ORGANIZED CRIME." THE UNLAWFUL ACTIVITY OF AN ASSOCIATION
23 TRAFFICKING IN ILLEGAL GOODS OR SERVICES, INCLUDING BUT NOT
24 LIMITED TO GAMBLING, PROSTITUTION, LOAN SHARKING, CONTROLLED
25 SUBSTANCES, LABOR RACKETEERING, OR OTHER UNLAWFUL ACTIVITIES; OR
26 ANY CONTINUING CRIMINAL CONSPIRACY OR OTHER UNLAWFUL PRACTICE
27 WHICH HAS AS ITS OBJECTIVE:
28 (1) LARGE ECONOMIC GAIN THROUGH FRAUDULENT OR COERCIVE
29 PRACTICES; OR
30 (2) IMPROPER GOVERNMENTAL INFLUENCE.
19790H1873B3650 - 52 -
1 "PUBLIC CORRUPTION." THE UNLAWFUL ACTIVITY UNDER COLOR OF OR
2 IN CONNECTION WITH ANY PUBLIC OFFICE OR EMPLOYMENT OF:
3 (1) ANY PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, OR THE AGENT
4 OF ANY PUBLIC OFFICIAL OR PUBLIC EMPLOYEE UNDER COLOR OF OR
5 IN CONNECTION WITH ANY PUBLIC OFFICE OR EMPLOYMENT; OR
6 (2) ANY CANDIDATE FOR PUBLIC OFFICE OR THE AGENT OF ANY
7 CANDIDATE FOR PUBLIC OFFICE.
8 "SUPERVISING JUDGE." THE COMMON PLEAS JUDGE DESIGNATED BY
9 THE PRESIDENT JUDGE TO SUPERVISE THE ACTIVITIES OF THE COUNTY
10 INVESTIGATING GRAND JURY, OR THE COMMON PLEAS JUDGE DESIGNATED
11 BY THE SUPREME COURT TO SUPERVISE THE ACTIVITIES OF THE
12 MULTICOUNTY INVESTIGATING GRAND JURY.
13 "SUPREME COURT." THE CHIEF JUSTICE OF PENNSYLVANIA OR ANY
14 OTHER JUSTICE OF THE SUPREME COURT DESIGNATED BY OR PURSUANT TO
15 GENERAL RULE TO ACT FOR THE COURT UNDER THIS SUBCHAPTER.
16 § 4543. CONVENING COUNTY INVESTIGATING GRAND JURY.
17 (A) GENERAL RULE.--IN ADDITION TO SUCH OTHER GRAND JURIES AS
18 ARE CALLED FROM TIME TO TIME, COUNTY INVESTIGATING GRAND JURIES
19 SHALL BE SUMMONED AS PROVIDED IN SUBSECTION (B).
20 (B) ON THE INITIATIVE OF ATTORNEY FOR COMMONWEALTH.--
21 APPLICATION MAY BE MADE TO THE PRESIDENT JUDGE OF THE
22 APPROPRIATE COURT OF COMMON PLEAS BY THE ATTORNEY FOR THE
23 COMMONWEALTH FOR AN ORDER DIRECTING THAT A COUNTY INVESTIGATING
24 GRAND JURY BE SUMMONED, STATING IN SUCH APPLICATION THAT THE
25 CONVENING OF A COUNTY INVESTIGATING GRAND JURY IS NECESSARY
26 BECAUSE OF THE EXISTENCE OF CRIMINAL ACTIVITY WITHIN THE COUNTY
27 WHICH CAN BEST BE FULLY INVESTIGATED USING THE INVESTIGATIVE
28 RESOURCES OF THE GRAND JURY. WITHIN TEN DAYS OF RECEIPT OF SUCH
29 APPLICATION, THE PRESIDENT JUDGE SHALL ISSUE AN ORDER GRANTING
30 THE REQUEST. THE ORDER SHALL SPECIFY WHICH JUDGE IS TO BE THE
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1 SUPERVISING JUDGE OF THE COUNTY INVESTIGATING GRAND JURY.
2 REFUSAL TO GRANT AN APPLICATION UNDER THIS SUBSECTION SHALL BE
3 APPEALABLE TO THE SUPREME COURT IN THE MANNER PRESCRIBED BY
4 GENERAL RULE.
5 (C) ON THE INITIATIVE OF THE COURT.--IN THE ABSENCE OF AN
6 ORDER UNDER SUBSECTION (B), THE PRESIDENT JUDGE OF THE COURT OF
7 COMMON PLEAS UPON HIS OWN MOTION MAY ISSUE AN ORDER DIRECTING
8 THAT A COUNTY INVESTIGATING GRAND JURY BE SUMMONED, EXCEPT THAT
9 THE SUMMONING OF SUCH GRAND JURY MAY, IN THE DISCRETION OF THE
10 COURT, BE STAYED IF THE DISTRICT ATTORNEY OF THE COUNTY AND THE
11 ATTORNEY GENERAL BOTH CERTIFY TO THE COURT THAT, IN THEIR
12 JUDGMENTS, THE SUMMONING OF SUCH GRAND JURY IS NOT NECESSARY AT
13 SUCH TIME.
14 (D) MANNER OF IMPANELING.--THE COUNTY INVESTIGATING GRAND
15 JURY SHALL BE IMPANELED IN THE MANNER PROVIDED OR PRESCRIBED BY
16 LAW.
17 § 4544. CONVENING MULTICOUNTY INVESTIGATING GRAND JURY.
18 (A) GENERAL RULE.--APPLICATION FOR A MULTICOUNTY
19 INVESTIGATING GRAND JURY MAY BE MADE BY THE ATTORNEY GENERAL TO
20 THE SUPREME COURT. IN SUCH APPLICATION THE ATTORNEY GENERAL
21 SHALL STATE THAT, IN HIS JUDGMENT, THE CONVENING OF A
22 MULTICOUNTY INVESTIGATING GRAND JURY IS NECESSARY BECAUSE OF
23 ORGANIZED CRIME OR PUBLIC CORRUPTION OR BOTH INVOLVING MORE THAN
24 ONE COUNTY OF THE COMMONWEALTH AND THAT, IN HIS JUDGMENT, THE
25 INVESTIGATION CANNOT BE ADEQUATELY PERFORMED BY AN INVESTIGATING
26 GRAND JURY AVAILABLE UNDER SECTION 4543 (RELATING TO CONVENING
27 COUNTY INVESTIGATING GRAND JURY). THE APPLICATION SHALL SPECIFY
28 FOR WHICH COUNTIES THE MULTICOUNTY INVESTIGATING GRAND JURY IS
29 TO BE CONVENED. WITHIN TEN DAYS OF RECEIPT OF SUCH APPLICATION,
30 THE COURT SHALL ISSUE AN ORDER GRANTING THE SAME. FAILURE BY AN
19790H1873B3650 - 54 -
1 INDIVIDUAL JUSTICE TO GRANT SUCH APPLICATION SHALL BE APPEALABLE
2 TO THE ENTIRE SUPREME COURT.
3 (B) CONTENTS OF ORDER.--AN ORDER ISSUED UNDER SUBSECTION (A)
4 SHALL:
5 (1) CONVENE A MULTICOUNTY INVESTIGATING GRAND JURY
6 HAVING STATEWIDE JURISDICTION, OR JURISDICTION OVER ALL
7 COUNTIES REQUESTED IN THE APPLICATION BY THE ATTORNEY
8 GENERAL;
9 (2) DESIGNATE A JUDGE OF A COURT OF COMMON PLEAS TO BE
10 THE SUPERVISING JUDGE OVER SUCH MULTICOUNTY INVESTIGATING
11 GRAND JURY AND PROVIDE THAT SUCH JUDGE SHALL WITH RESPECT TO
12 INVESTIGATIONS, PRESENTMENTS, REPORTS, AND ALL OTHER PROPER
13 ACTIVITIES OF SAID INVESTIGATING MULTICOUNTY GRAND JURY, HAVE
14 JURISDICTION OVER ALL COUNTIES IN THE JURISDICTION OF SAID
15 MULTICOUNTY INVESTIGATING GRAND JURY;
16 (3) DESIGNATE THE COUNTIES WHICH SHALL SUPPLY JURORS AND
17 IN WHAT RATIOS;
18 (4) DESIGNATE A LOCATION OR LOCATIONS FOR THE
19 MULTICOUNTY INVESTIGATING GRAND JURY PROCEEDING; AND
20 (5) PROVIDE FOR SUCH OTHER INCIDENTAL ARRANGEMENTS AS
21 MAY BE NECESSARY INCLUDING THE COMMONWEALTH'S SHARE OF
22 EXPENSES.
23 ALL MATTERS TO BE INCLUDED IN SUCH ORDER SHALL BE DETERMINED BY
24 THE JUSTICE ISSUING THE ORDER IN ANY MANNER WHICH HE DEEMS
25 APPROPRIATE, EXCEPT THAT THE SUPREME COURT MAY ADOPT GENERAL
26 RULES, CONSISTENT WITH THE PROVISIONS OF THIS SECTION,
27 ESTABLISHING STANDARD PROCEDURES FOR THE CONVENING OF
28 MULTICOUNTY INVESTIGATING GRAND JURIES.
29 (C) MANNER OF IMPANELING.--THE MULTICOUNTY INVESTIGATING
30 GRAND JURY SHALL BE IMPANELED IN THE MANNER PROVIDED OR
19790H1873B3650 - 55 -
1 PRESCRIBED BY LAW.
2 (D) EFFECT ON DISTRICT ATTORNEYS.--THE IMPANELING OF A
3 MULTICOUNTY INVESTIGATING GRAND JURY SHALL IN NO WAY DIMINISH
4 THE RESPONSIBILITY AND THE AUTHORITY OF THE DISTRICT ATTORNEYS
5 WITHIN THEIR JURISDICTIONS TO INVESTIGATE AND PROSECUTE
6 ORGANIZED CRIME OR PUBLIC CORRUPTION OR BOTH.
7 § 4545. COMPOSITION OF INVESTIGATING GRAND JURY.
8 (A) GENERAL RULE.--EACH INVESTIGATING GRAND JURY SHALL BE
9 COMPOSED INITIALLY OF 23 MEMBERS AND HAVE SEVEN ALTERNATES.
10 SUBSEQUENT VACANCIES SHALL BE FILLED BY SUBSTITUTING ALTERNATES
11 FOR THE MEMBERS WHO ARE EXCUSED OR OTHERWISE UNABLE TO CONTINUE
12 THEIR SERVICE.
13 (B) QUORUM AND MANNER OF ACTION.--FIFTEEN MEMBERS SHALL
14 CONSTITUTE A QUORUM AND MAY CONDUCT BUSINESS FOR THE
15 INVESTIGATING GRAND JURY. A MAJORITY OF THE FULL INVESTIGATING
16 GRAND JURY SHALL BE REQUIRED TO ADOPT A REPORT OR ISSUE A
17 PRESENTMENT.
18 (C) OFFICERS.--THE SUPERVISING JUDGE SHALL APPOINT A FOREMAN
19 FROM AMONG THE MEMBERS OF THE INVESTIGATING GRAND JURY. THE
20 MEMBERS OF THE INVESTIGATING GRAND JURY SHALL THEN ELECT A
21 SECRETARY.
22 § 4546. TERM OF INVESTIGATING GRAND JURY.
23 (A) GENERAL RULE.--AN INVESTIGATING GRAND JURY SHALL NOT BE
24 LIMITED IN DURATION TO ANY TERM OF COURT. EACH SUCH
25 INVESTIGATING GRAND JURY SHALL, EXCEPT AS PROVIDED IN
26 SUBSECTIONS (B) AND (C), SERVE FOR A TERM OF 18 MONTHS, UNLESS
27 AN ORDER FOR DISCHARGE SHALL BE ENTERED EARLIER BY THE COURT
28 UPON THE DETERMINATION OF SUCH INVESTIGATING GRAND JURY, BY
29 MAJORITY VOTE, THAT ITS BUSINESS HAS BEEN COMPLETED.
30 (B) EXTENSION ON INITIATIVE OF GRAND JURY.--IF, AT THE END
19790H1873B3650 - 56 -
1 OF ITS ORIGINAL TERM OR ANY EXTENSION THEREOF, ANY INVESTIGATING
2 GRAND JURY DETERMINES BY MAJORITY VOTE THAT IT HAS NOT COMPLETED
3 ITS BUSINESS, IT MAY REQUEST THE COURT TO EXTEND ITS TERM FOR AN
4 ADDITIONAL PERIOD OF SIX MONTHS, EXCEPT THAT NO SUCH
5 INVESTIGATING GRAND JURY TERM SHALL EXCEED 24 MONTHS FROM THE
6 TIME IT WAS ORIGINALLY SUMMONED. THE COURT SHALL ISSUE AN ORDER
7 GRANTING A REQUEST FOR EXTENSION UNLESS IT DETERMINES THAT SUCH
8 REQUEST IS CLEARLY WITHOUT BASIS. FAILURE TO GRANT AN EXTENSION
9 OF TERM UNDER THIS SUBSECTION MAY BE APPEALED BY THE ATTORNEY
10 FOR THE COMMONWEALTH TO THE SUPREME COURT IN THE MANNER
11 PRESCRIBED BY GENERAL RULE. IF AN APPEAL IS TAKEN, THE GRAND
12 JURY, EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULE, SHALL
13 CONTINUE TO EXERCISE ITS POWERS PENDING THE DISPOSITION OF THE
14 APPEAL.
15 (C) DISCHARGE BY COURT.--IF, AT ANY TIME WITHIN THE ORIGINAL
16 TERM OF ANY INVESTIGATING GRAND JURY OR ANY EXTENSION THEREOF,
17 THE COURT DETERMINES THAT THE INVESTIGATING GRAND JURY IS NOT
18 CONDUCTING PROPER INVESTIGATIVE ACTIVITY, THE COURT MAY ORDER
19 THAT SUCH GRAND JURY BE DISCHARGED. AN ORDER OF DISCHARGE UNDER
20 THIS SUBSECTION SHALL NOT BECOME EFFECTIVE LESS THAN TEN DAYS
21 AFTER THE DATE ON WHICH IT IS ISSUED AND ACTUAL NOTICE GIVEN TO
22 THE ATTORNEY FOR THE COMMONWEALTH AND THE FOREMAN OF THE
23 INVESTIGATING GRAND JURY, AND MAY BE APPEALED BY THE ATTORNEY
24 FOR THE COMMONWEALTH TO THE SUPREME COURT IN THE MANNER
25 PRESCRIBED BY GENERAL RULE. IF AN APPEAL IS TAKEN, THE GRAND
26 JURY, EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULE, SHALL
27 CONTINUE TO EXERCISE ITS POWERS PENDING THE DISPOSITION OF THE
28 APPEAL.
29 § 4547. ADDITIONAL INVESTIGATING GRAND JURIES.
30 WHENEVER THE ATTORNEY FOR THE COMMONWEALTH DETERMINES THAT
19790H1873B3650 - 57 -
1 THE VOLUME OF WORK OF AN INVESTIGATING GRAND JURY EXCEEDS THE
2 CAPACITY OF THE INVESTIGATING GRAND JURY TO DISCHARGE ITS
3 OBLIGATIONS, HE MAY MAKE APPLICATION TO THE COURT TO IMPANEL
4 ADDITIONAL INVESTIGATING GRAND JURIES UNDER THE PROVISIONS OF
5 SECTION 4543 (RELATING TO CONVENING COUNTY INVESTIGATING GRAND
6 JURY) AND SECTION 4544 (RELATING TO CONVENING MULTICOUNTY
7 INVESTIGATING GRAND JURY).
8 § 4548. POWERS OF INVESTIGATING GRAND JURY.
9 (A) GENERAL RULE.--THE INVESTIGATING GRAND JURY SHALL HAVE
10 THE POWER TO INQUIRE INTO OFFENSES AGAINST THE CRIMINAL LAWS OF
11 THE COMMONWEALTH ALLEGED TO HAVE BEEN COMMITTED WITHIN THE
12 COUNTY OR COUNTIES IN WHICH IT IS SUMMONED. SUCH POWER SHALL
13 INCLUDE THE INVESTIGATIVE RESOURCES OF THE GRAND JURY WHICH
14 SHALL INCLUDE BUT NOT BE LIMITED TO THE POWER OF SUBPOENA, THE
15 POWER TO OBTAIN THE INITIATION OF CIVIL AND CRIMINAL CONTEMPT
16 PROCEEDINGS, AND EVERY INVESTIGATIVE POWER OF ANY GRAND JURY OF
17 THE COMMONWEALTH. SUCH ALLEGED OFFENSES MAY BE BROUGHT TO THE
18 ATTENTION OF SUCH GRAND JURY BY THE COURT OR BY THE ATTORNEY FOR
19 THE COMMONWEALTH, BUT IN NO CASE SHALL THE INVESTIGATING GRAND
20 JURY INQUIRE INTO ALLEGED OFFENSES ON ITS OWN MOTION.
21 (B) PRESENTMENTS.--THE INVESTIGATING GRAND JURY SHALL HAVE
22 THE POWER TO ISSUE A PRESENTMENT WITH REGARD TO ANY PERSON WHO
23 APPEARS TO HAVE COMMITTED WITHIN THE COUNTY OR COUNTIES IN WHICH
24 SUCH INVESTIGATING GRAND JURY IS SUMMONED AN OFFENSE AGAINST THE
25 CRIMINAL LAWS OF THE COMMONWEALTH.
26 (C) OTHER POWERS.--EXCEPT FOR THE POWER TO INDICT, THE
27 INVESTIGATING GRAND JURY SHALL HAVE EVERY POWER AVAILABLE TO ANY
28 OTHER GRAND JURY IN THE COMMONWEALTH. THE JURISDICTION, POWERS
29 AND ACTIVITIES OF AN INVESTIGATING GRAND JURY SHALL NOT, IF
30 OTHERWISE LAWFUL, BE LIMITED IN ANY WAY BY THE CHARGE OF THE
19790H1873B3650 - 58 -
1 COURT.
2 § 4549. INVESTIGATING GRAND JURY PROCEEDINGS.
3 (A) DOCUMENTS AND TRANSCRIPT.--ANY DOCUMENT PRODUCED BEFORE
4 AN INVESTIGATING GRAND JURY MAY BE COPIED OR REPRODUCED. EACH
5 STATEMENT, QUESTION, COMMENT OR RESPONSE OF THE SUPERVISING
6 JUDGE, THE ATTORNEY FOR THE COMMONWEALTH, ANY WITNESS, ANY GRAND
7 JUROR OR ANY OTHER PERSON WHICH IS MADE IN THE PRESENCE OF THE
8 INVESTIGATING GRAND JURY, EXCEPT ITS DELIBERATIONS AND THE VOTE
9 OF ANY JUROR, SHALL BE STENOGRAPHICALLY RECORDED OR TRANSCRIBED
10 OR BOTH.
11 (B) DISCLOSURE OF PROCEEDINGS BY PARTICIPANTS OTHER THAN
12 WITNESSES.--DISCLOSURE OF MATTERS OCCURRING BEFORE THE GRAND
13 JURY OTHER THAN ITS DELIBERATIONS AND THE VOTE OF ANY JUROR MAY
14 BE MADE TO THE ATTORNEYS FOR THE COMMONWEALTH FOR USE IN THE
15 PERFORMANCE OF THEIR DUTIES. THE ATTORNEYS FOR THE COMMONWEALTH
16 MAY WITH THE APPROVAL OF THE SUPERVISING JUDGE DISCLOSE MATTERS
17 OCCURRING BEFORE THE INVESTIGATING GRAND JURY INCLUDING
18 TRANSCRIPTS OF TESTIMONY TO LOCAL, STATE, OTHER STATE OR FEDERAL
19 LAW ENFORCEMENT OR INVESTIGATING AGENCIES TO ASSIST THEM IN
20 INVESTIGATING CRIMES UNDER THEIR INVESTIGATIVE JURISDICTION.
21 OTHERWISE A JUROR, ATTORNEY, INTERPRETER, STENOGRAPHER, OPERATOR
22 OF A RECORDING DEVICE, OR ANY TYPIST WHO TRANSCRIBES RECORDED
23 TESTIMONY MAY DISCLOSE MATTERS OCCURRING BEFORE THE GRAND JURY
24 ONLY WHEN SO DIRECTED BY THE COURT. ALL SUCH PERSONS SHALL BE
25 SWORN TO SECRECY, AND SHALL BE IN CONTEMPT OF COURT IF THEY
26 REVEAL ANY INFORMATION WHICH THEY ARE SWORN TO KEEP SECRET.
27 (C) COUNSEL FOR WITNESSES.--
28 (1) A WITNESS SUBPOENAED TO APPEAR AND TESTIFY BEFORE AN
29 INVESTIGATING GRAND JURY OR TO PRODUCE DOCUMENTS, RECORDS OR
30 OTHER EVIDENCE BEFORE AN INVESTIGATING GRAND JURY SHALL BE
19790H1873B3650 - 59 -
1 ENTITLED TO THE ASSISTANCE OF COUNSEL, INCLUDING ASSISTANCE
2 DURING SUCH TIME AS THE WITNESS IS QUESTIONED IN THE PRESENCE
3 OF THE INVESTIGATING GRAND JURY. IN THE EVENT COUNSEL OF THE
4 WITNESS' CHOICE IS NOT AVAILABLE, HE SHALL BE REQUIRED TO
5 OBTAIN OTHER COUNSEL WITHIN A REASONABLE TIME IN ORDER THAT
6 THE WORK OF THE GRAND JURY MAY PROCEED.
7 (2) SUCH COUNSEL MAY BE RETAINED BY THE WITNESS OR SHALL
8 BE APPOINTED IN THE CASE OF ANY PERSON UNABLE TO PROCURE
9 SUFFICIENT FUNDS TO OBTAIN LEGAL REPRESENTATION.
10 (3) SUCH COUNSEL SHALL BE ALLOWED TO BE PRESENT IN THE
11 GRAND JURY ROOM DURING THE QUESTIONING OF THE WITNESS AND
12 SHALL BE ALLOWED TO ADVISE THE WITNESS BUT SHALL MAKE NO
13 OBJECTIONS OR ARGUMENTS OR OTHERWISE ADDRESS THE GRAND JURY
14 OR THE ATTORNEY FOR THE COMMONWEALTH. THE SUPERVISING JUDGE
15 SHALL HAVE THE SAME POWER TO REMOVE SUCH COUNSEL FROM THE
16 GRAND JURY ROOM AS A JUDGE HAS WITH RESPECT TO AN ATTORNEY IN
17 ANY COURT PROCEEDING. VIOLATION OF THIS PARAGRAPH SHALL BE
18 PUNISHABLE AS CONTEMPT BY THE SUPERVISING JUDGE.
19 (4) AN ATTORNEY, OR ATTORNEYS WHO ARE ASSOCIATED IN
20 PRACTICE, SHALL NOT CONTINUE MULTIPLE REPRESENTATION OF
21 CLIENTS IN A GRAND JURY PROCEEDING IF THE EXERCISE OF THE
22 INDEPENDENT PROFESSIONAL JUDGMENT OF AN ATTORNEY ON BEHALF OF
23 ONE OF THE CLIENTS WILL OR IS LIKELY TO BE ADVERSELY AFFECTED
24 BY HIS REPRESENTATION OF ANOTHER CLIENT. IF THE SUPERVISING
25 JUDGE DETERMINES THAT THE INTEREST OF AN INDIVIDUAL WILL OR
26 IS LIKELY TO BE ADVERSELY AFFECTED, HE MAY ORDER SEPARATE
27 REPRESENTATION OF WITNESSES, GIVING APPROPRIATE WEIGHT TO THE
28 RIGHT OF AN INDIVIDUAL TO COUNSEL OF HIS OWN CHOOSING.
29 (D) DISCLOSURE OF PROCEEDINGS BY WITNESSES.--NO WITNESS
30 SHALL BE PROHIBITED FROM DISCLOSING HIS TESTIMONY BEFORE THE
19790H1873B3650 - 60 -
1 INVESTIGATING GRAND JURY EXCEPT FOR CAUSE SHOWN IN A HEARING
2 BEFORE THE SUPERVISING JUDGE. IN NO EVENT MAY A WITNESS BE

Historical Act text part 2

3 PREVENTED FROM DISCLOSING HIS TESTIMONY TO HIS ATTORNEY.
4 § 4550. SUBMISSION OF INVESTIGATIONS BY ATTORNEY FOR THE
5 COMMONWEALTH TO INVESTIGATING GRAND JURY.
6 (A) GENERAL RULE.--BEFORE SUBMITTING AN INVESTIGATION TO THE
7 INVESTIGATING GRAND JURY THE ATTORNEY FOR THE COMMONWEALTH SHALL
8 SUBMIT A NOTICE TO THE SUPERVISING JUDGE. THIS NOTICE SHALL
9 ALLEGE THAT THE MATTER IN QUESTION SHOULD BE BROUGHT TO THE
10 ATTENTION OF THE INVESTIGATING GRAND JURY BECAUSE THE
11 INVESTIGATIVE RESOURCES OF THE GRAND JURY ARE NECESSARY FOR
12 PROPER INVESTIGATION. THE NOTICE SHALL ALLEGE THAT ONE OR MORE
13 OF THE INVESTIGATIVE RESOURCES OF THE GRAND JURY ARE REQUIRED IN
14 ORDER TO ADEQUATELY INVESTIGATE THE MATTER.
15 (B) EFFECT OF NOTICE.--AFTER THE ATTORNEY FOR THE
16 COMMONWEALTH HAS FILED THE NOTICE SUBMITTING A MATTER TO THE
17 INVESTIGATING GRAND JURY ANY OR ALL OF THE INVESTIGATIVE
18 RESOURCES OF THE INVESTIGATING GRAND JURY MAY BE USED AS REGARDS
19 THE INVESTIGATION.
20 § 4551. INVESTIGATING GRAND JURY PRESENTMENTS.
21 (A) GENERAL RULE.--SHOULD THE INVESTIGATING GRAND JURY
22 DETERMINE THAT UPON THE BASIS OF EVIDENCE PRESENTED TO IT A
23 PRESENTMENT SHOULD BE RETURNED AGAINST AN INDIVIDUAL, THE GRAND
24 JURY SHALL DIRECT THE ATTORNEY FOR THE COMMONWEALTH TO PREPARE A
25 PRESENTMENT WHICH SHALL BE SUBMITTED TO THE INVESTIGATING GRAND
26 JURY FOR A VOTE. SHOULD A MAJORITY OF THE FULL GRAND JURY VOTE
27 APPROVAL FOR THE PRESENTMENT IT SHALL THEN BE SUBMITTED TO THE
28 SUPERVISING JUDGE. THE SUPERVISING JUDGE SHALL EXAMINE THE
29 PRESENTMENT, AND IF IT IS WITHIN THE AUTHORITY OF THE
30 INVESTIGATING GRAND JURY AND IS OTHERWISE IN ACCORDANCE WITH THE
19790H1873B3650 - 61 -
1 PROVISIONS OF THIS SUBCHAPTER, THE SUPERVISING JUDGE SHALL ISSUE
2 AN ORDER ACCEPTING THE PRESENTMENT. OTHERWISE, THE SUPERVISING
3 JUDGE SHALL REFUSE TO ACCEPT THE PRESENTMENT AND SHALL ORDER
4 THAT THE INVESTIGATING GRAND JURY TAKE FURTHER APPROPRIATE
5 ACTION.
6 (B) SEALED PRESENTMENT.--THE SUPERVISING JUDGE TO WHOM A
7 PRESENTMENT IS SUBMITTED MAY, ON HIS OWN MOTION OR AT THE
8 REQUEST OF THE COMMONWEALTH, DIRECT THAT THE PRESENTMENT BE KEPT
9 SECRET UNTIL THE DEFENDANT IS IN CUSTODY OR HAS BEEN RELEASED
10 PENDING TRIAL. IN DIRECTING THAT THE PRESENTMENT BE KEPT SECRET,
11 THE SUPERVISING JUDGE SHALL ENTER AN ORDER REQUIRING THAT THE
12 PRESENTMENT BE SEALED AND THAT NO PERSON SHALL DISCLOSE A RETURN
13 OF THE PRESENTMENT EXCEPT WHEN NECESSARY FOR ISSUANCE AND
14 EXECUTION OF PROCESS.
15 (C) PROSECUTION BY ATTORNEY GENERAL.--WHENEVER A MULTICOUNTY
16 INVESTIGATING GRAND JURY RETURNS A PRESENTMENT AGAINST ANY
17 PERSON THE ATTORNEY GENERAL OR HIS DESIGNEE SHALL, WITH RESPECT
18 TO THE ALLEGED CRIMINAL ACTIVITIES, BE AUTHORIZED TO PROSECUTE
19 THE PERSON ON BEHALF OF THE COMMONWEALTH BY INSTITUTING CRIMINAL
20 PROCEEDINGS IN THE COUNTY OF APPROPRIATE VENUE. THE ATTORNEY
21 GENERAL OR HIS DESIGNEE SHALL TAKE THE OATH OF OFFICE REQUIRED
22 BY LAW TO BE TAKEN OF DISTRICT ATTORNEYS, AND SHALL BE CLOTHED
23 WITH ALL THE POWERS AND SUBJECT TO ALL THE LIABILITIES IMPOSED
24 UPON DISTRICT ATTORNEYS BY LAW.
25 (D) VENUE.--IN ANY CASE WHERE A MULTICOUNTY INVESTIGATING
26 GRAND JURY RETURNS A PRESENTMENT THE SUPERVISING JUDGE SHALL
27 SELECT THE COUNTY FOR CONDUCTING THE TRIAL FROM AMONG THOSE
28 COUNTIES HAVING JURISDICTION.
29 (E) PROCEDURE FOLLOWING PRESENTMENT.--WHEN THE ATTORNEY FOR
30 THE COMMONWEALTH PROCEEDS ON THE BASIS OF A PRESENTMENT, A
19790H1873B3650 - 62 -
1 COMPLAINT SHALL BE FILED AND THE DEFENDANT SHALL BE ENTITLED TO
2 A PRELIMINARY HEARING AS IN OTHER CRIMINAL PROCEEDINGS.
3 § 4552. INVESTIGATING GRAND JURY REPORTS.
4 (A) GENERAL RULE.--ANY INVESTIGATING GRAND JURY, BY AN
5 AFFIRMATIVE MAJORITY VOTE OF THE FULL INVESTIGATING GRAND JURY,
6 MAY, AT ANY TIME DURING ITS TERM SUBMIT TO THE SUPERVISING JUDGE
7 AN INVESTIGATING GRAND JURY REPORT.
8 (B) EXAMINATION BY COURT.--THE JUDGE TO WHOM SUCH REPORT IS
9 SUBMITTED SHALL EXAMINE IT AND THE RECORD OF THE INVESTIGATING
10 GRAND JURY AND, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
11 SHALL ISSUE AN ORDER ACCEPTING AND FILING SUCH REPORT AS A
12 PUBLIC RECORD WITH THE COURT OF COMMON PLEAS ESTABLISHED FOR OR
13 EMBRACING THE COUNTY OR COUNTIES WHICH ARE THE SUBJECT OF SUCH
14 REPORT ONLY IF THE REPORT IS BASED UPON FACTS RECEIVED IN THE
15 COURSE OF AN INVESTIGATION AUTHORIZED BY THIS SUBCHAPTER AND IS
16 SUPPORTED BY THE PREPONDERANCE OF THE EVIDENCE.
17 (C) SEALED REPORT.--UPON THE SUBMISSION OF A REPORT PURSUANT
18 TO SUBSECTION (A), IF THE SUPERVISING JUDGE FINDS THAT THE
19 FILING OF SUCH REPORT AS A PUBLIC RECORD MAY PREJUDICE FAIR
20 CONSIDERATION OF A PENDING CRIMINAL MATTER, HE SHALL ORDER SUCH
21 REPORT SEALED AND SUCH REPORT SHALL NOT BE SUBJECT TO SUBPOENA
22 OR PUBLIC INSPECTION DURING THE PENDENCY OF SUCH CRIMINAL MATTER
23 EXCEPT UPON ORDER OF COURT.
24 (D) APPEAL FROM REFUSAL TO FILE.--FAILURE OF THE SUPERVISING
25 JUDGE TO ACCEPT AND FILE AS A PUBLIC RECORD A REPORT SUBMITTED
26 UNDER THIS SECTION MAY BE APPEALED BY THE ATTORNEY FOR THE
27 COMMONWEALTH TO THE SUPREME COURT IN THE MANNER PRESCRIBED BY
28 GENERAL RULES.
29 (E) AUTHORIZATION OF RESPONSE BY NONINDICTED SUBJECT.--IF
30 THE SUPERVISING JUDGE FINDS THAT THE REPORT IS CRITICAL OF AN
19790H1873B3650 - 63 -
1 INDIVIDUAL NOT INDICTED FOR A CRIMINAL OFFENSE THE SUPERVISING
2 JUDGE MAY IN HIS SOLE DISCRETION ALLOW THE NAMED INDIVIDUAL TO
3 SUBMIT A RESPONSE TO THE ALLEGATIONS CONTAINED IN THE REPORT.
4 THE SUPERVISING JUDGE MAY THEN IN HIS DISCRETION ALLOW THE
5 RESPONSE TO BE ATTACHED TO THE REPORT AS PART OF THE REPORT
6 BEFORE THE REPORT IS MADE PART OF THE PUBLIC RECORD PURSUANT TO
7 SUBSECTION (B).
8 § 4553. EXPENSES OF INVESTIGATING GRAND JURIES.
9 (A) COUNTY.--THE EXPENSES OF A COUNTY INVESTIGATING GRAND
10 JURY SHALL BE BORNE BY THE COUNTY IN WHICH IT IS IMPANELED.
11 (B) MULTICOUNTY.--THE EXPENSES OF ANY MULTICOUNTY
12 INVESTIGATING GRAND JURY SHALL BE BORNE BY THE COMMONWEALTH.
13 (B) CHAPTER 45 OF TITLE 42 IS AMENDED BY ADDING A SECTION TO
14 READ:
15 § 4563.1. PROTECTION OF EMPLOYMENT OF GRAND JURORS.
16 (A) GENERAL RULE.--AN EMPLOYER SHALL NOT DEPRIVE AN EMPLOYEE
17 OF HIS EMPLOYMENT, SENIORITY POSITION OR BENEFITS, OR THREATEN
18 OR OTHERWISE COERCE HIM WITH RESPECT THERETO, BECAUSE THE
19 EMPLOYEE RECEIVES A SUMMONS, RESPONDS THERETO, SERVES AS AN
20 INVESTIGATING GRAND JUROR OR ATTENDS COURT FOR PROSPECTIVE
21 INVESTIGATING GRAND JURY SERVICE. NOTHING IN THIS SECTION SHALL
22 BE CONSTRUED TO REQUIRE THE EMPLOYER TO COMPENSATE THE EMPLOYEE
23 FOR EMPLOYMENT TIME LOST BECAUSE OF SUCH GRAND JURY SERVICE.
24 (B) CRIMINAL PENALTY.--ANY EMPLOYER WHO VIOLATES SUBSECTION
25 (A) COMMITS A SUMMARY OFFENSE.
26 (C) CIVIL LIABILITY.--IF ANY EMPLOYER PENALIZES AN EMPLOYEE
27 IN VIOLATION OF SUBSECTION (A) THE EMPLOYEE MAY BRING A CIVIL
28 ACTION FOR RECOVERY OF WAGES OR BENEFITS LOST AS A RESULT OF THE
29 VIOLATION AND FOR AN ORDER REQUIRING THE REINSTATEMENT OF THE
30 EMPLOYEE. DAMAGES RECOVERABLE SHALL NOT EXCEED WAGES AND
19790H1873B3650 - 64 -
1 BENEFITS ACTUALLY LOST. IF HE PREVAILS, THE EMPLOYEE SHALL BE
2 ALLOWED A REASONABLE ATTORNEY'S FEE FIXED BY THE COURT.
3 (D) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY TO ANY
4 EMPLOYER IN ANY RETAIL OR SERVICE INDUSTRY EMPLOYING FEWER THAN
5 15 PERSONS OR ANY EMPLOYER IN ANY MANUFACTURING INDUSTRY
6 EMPLOYING FEWER THAN 40 PERSONS.
7 (E) RIGHT TO EXCUSE.--ANY INDIVIDUAL NOT ENTITLED TO
8 REEMPLOYMENT UNDER SUBSECTION (A) SHALL, UPON REQUEST TO THE
9 COURT, BE EXCUSED FROM GRAND JURY SERVICE.
10 (C) SECTIONS 722(5) AND 8931(F) OF TITLE 42, ADDED JULY 9,
11 1976 (P.L.586, NO.142), ARE AMENDED TO READ:
12 § 722. DIRECT APPEALS FROM COURTS OF COMMON PLEAS.
13 THE SUPREME COURT SHALL HAVE EXCLUSIVE JURISDICTION OF
14 APPEALS FROM FINAL ORDERS OF THE COURTS OF COMMON PLEAS IN THE
15 FOLLOWING CLASSES OF CASES:
16 * * *
17 (5) SUPERSESSION OF A DISTRICT ATTORNEY BY AN ATTORNEY
18 GENERAL OR BY A COURT OR WHERE THE MATTER RELATES TO THE
19 CONVENING, SUPERVISION, ADMINISTRATION, OPERATION OR
20 DISCHARGE OF AN INVESTIGATING GRAND JURY OR OTHERWISE
21 DIRECTLY AFFECTS SUCH A GRAND JURY OR ANY INVESTIGATION
22 CONDUCTED BY IT.
23 * * *
24 § 8931. INDICTMENT AND INFORMATION.
25 * * *
26 (F) INVESTIGATING GRAND JURIES UNAFFECTED.--NO GRAND JURY
27 SHALL BE IMPANELED IN ANY JUDICIAL DISTRICT WHERE THIS SECTION
28 IS APPLICABLE FOR THE PURPOSE OF CONSIDERING BILLS OF
29 INDICTMENT. [EXCEPT THAT THIS] THIS SECTION SHALL NOT PROHIBIT
30 THE IMPANELING [AS HERETOFORE OF, OR AFFECT THE FUNCTIONING OF,
19790H1873B3650 - 65 -
1 A GRAND JURY FOR THE PURPOSE OF INVESTIGATING OFFENSES AGAINST
2 THE CRIMINAL STATUTES OF THIS COMMONWEALTH] OF GRAND JURIES
3 UNDER AND WITH THE POWERS PROVIDED IN SUBCHAPTER D OF CHAPTER 45
4 (RELATING TO INVESTIGATING GRAND JURIES) OR FOR ANY OTHER
5 PURPOSE AS PROVIDED OR PRESCRIBED BY LAW.
6 * * *
7 (D) THE ACT OF NOVEMBER 22, 1978 (P.L.1148, NO.271), KNOWN
8 AS THE "INVESTIGATING GRAND JURY ACT," AMENDED JULY 20, 1979
9 (P.L.153, NO.50), IS REPEALED.
10 SECTION 217. CODIFICATION OF ACT NO. 1978-296.--SECTION
11 3573(C) OF TITLE 42, ADDED APRIL 28, 1978 (P.L.202, NO.53), IS
12 AMENDED TO READ:
13 § 3573. MUNICIPAL CORPORATION PORTION OF FINES, ETC.
14 * * *
15 (C) SUMMARY OFFENSES.--FINES FORFEITED, RECOGNIZANCES AND
16 OTHER FORFEITURES IMPOSED, LOST OR FORFEITED UNDER THE FOLLOWING
17 PROVISIONS OF [TITLE 18 (RELATING TO CRIMES AND OFFENSES)] LAW
18 SHALL, WHEN ANY SUCH OFFENSE IS COMMITTED IN A MUNICIPAL
19 CORPORATION, BE PAYABLE TO SUCH MUNICIPAL CORPORATION:
20 (1) UNDER THE FOLLOWING PROVISIONS OF TITLE 18 (RELATING
21 TO CRIMES AND OFFENSES):
22 SECTION 2709 (RELATING TO HARASSMENT).
23 SECTION 3304 (RELATING TO CRIMINAL MISCHIEF).
24 SECTION 3503 (RELATING TO CRIMINAL TRESPASS).
25 SECTION 3929 (RELATING TO RETAIL THEFT).
26 SECTION 4105 (RELATING TO BAD CHECKS).
27 SECTION 5503 (RELATING TO DISORDERLY CONDUCT).
28 SECTION 5505 (RELATING TO PUBLIC DRUNKENNESS).
29 SECTION 5511(C), (D) AND (F) (RELATING TO CRUELTY TO
30 ANIMALS).
19790H1873B3650 - 66 -
1 SECTION 6308 (RELATING TO PURCHASE, CONSUMPTION,
2 POSSESSION OR TRANSPORTATION OF INTOXICATING BEVERAGES).
3 SECTION 6501 (RELATING TO SCATTERING RUBBISH).
4 (2) SECTION 13, ACT OF JANUARY 24, 1966 (1965 P.L.1535,
5 NO.537), KNOWN AS THE "PENNSYLVANIA SEWAGE FACILITIES ACT."
6 * * *
7 SECTION 218. CODIFICATION OF ACT NO. 1978-319.--(A) CHAPTER
8 21 OF TITLE 42 IS AMENDED BY ADDING A SUBCHAPTER TO READ:
9 SUBCHAPTER F
10 PENNSYLVANIA COMMISSION ON SENTENCING
11 SEC.
12 2151. PENNSYLVANIA COMMISSION ON SENTENCING.
13 2152. COMPOSITION OF COMMISSION.
14 2153. POWERS AND DUTIES.
15 2154. ADOPTION OF GUIDELINES FOR SENTENCING.
16 2155. PUBLICATION OF GUIDELINES FOR SENTENCING.
17 § 2151. PENNSYLVANIA COMMISSION ON SENTENCING.
18 (A) GENERAL RULE.--THE PENNSYLVANIA COMMISSION ON SENTENCING
19 SHALL CONSIST OF 11 PERSONS SELECTED AS PROVIDED IN THIS
20 SUBCHAPTER.
21 (B) SEAL.--THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
22 HAVE A SEAL ENGRAVED WITH ITS NAME AND SUCH OTHER INSCRIPTION AS
23 MAY BE SPECIFIED BY REGULATION OF THE COMMISSION.
24 § 2152. COMPOSITION OF COMMISSION.
25 (A) GENERAL RULE.--THE PENNSYLVANIA COMMISSION ON SENTENCING
26 SHALL CONSIST OF:
27 (1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES SELECTED
28 BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NO MORE THAN
29 ONE OF WHOM SHALL BE OF THE SAME POLITICAL PARTY.
30 (2) TWO MEMBERS OF THE SENATE OF PENNSYLVANIA SELECTED
19790H1873B3650 - 67 -
1 BY THE PRESIDENT PRO TEMPORE OF THE SENATE, NO MORE THAN ONE
2 OF WHOM SHALL BE OF THE SAME POLITICAL PARTY.
3 (3) FOUR JUDGES OF COURTS OF RECORD SELECTED BY THE
4 CHIEF JUSTICE OF PENNSYLVANIA.
5 (4) THREE PERSONS APPOINTED BY THE GOVERNOR, WHO SHALL
6 BE, RESPECTIVELY:
7 (I) A DISTRICT ATTORNEY.
8 (II) A DEFENSE ATTORNEY.
9 (II) EITHER A PROFESSOR OF LAW OR A CRIMINOLOGIST.
10 (B) TERMS OF OFFICE.--THE MEMBERS OF THE COMMISSION SHALL
11 SERVE FOR TERMS OF TWO YEARS AND UNTIL A SUCCESSOR HAS BEEN
12 SELECTED AND QUALIFIED. A VACANCY ON THE COMMISSION SHALL BE
13 FILLED FOR THE BALANCE OF THE TERM.
14 (C) CHAIRMAN AND EXECUTIVE DIRECTOR.--THE COMMISSION SHALL
15 SELECT A CHAIRMAN FROM ITS MEMBERS AND AN EXECUTIVE DIRECTOR.
16 THE CHAIRMAN SHALL:
17 (1) PRESIDE AT MEETINGS OF THE COMMISSION.
18 (2) DIRECT THE PREPARATION OF REQUESTS FOR
19 APPROPRIATIONS FOR THE COMMISSION AND THE USE OF FUNDS MADE
20 AVAILABLE TO THE COMMISSION.
21 (D) MEETINGS AND QUORUM.--
22 (1) THE COMMISSION SHALL MEET NOT LESS FREQUENTLY THAN
23 QUARTERLY TO ESTABLISH ITS GENERAL POLICIES AND RULES.
24 (2) THE COMMISSION SHALL BE DEEMED AN "AGENCY" WITHIN
25 THE MEANING OF THE ACT OF JULY 19, 1974 (P.L.486, NO.175),
26 REFERRED TO AS THE PUBLIC AGENCY OPEN MEETING LAW.
27 (3) NINE COMMISSIONERS SHALL CONSTITUTE A QUORUM.
28 (4) MINUTES OF MEETINGS SHALL BE KEPT BY THE EXECUTIVE
29 DIRECTOR AND FILED AT THE EXECUTIVE OFFICE OF THE COMMISSION.
30 (E) RECORDS OF ACTION.--EXCEPT AS OTHERWISE PROVIDED BY
19790H1873B3650 - 68 -
1 STATUTE, THE COMMISSION SHALL MAINTAIN AND MAKE AVAILABLE FOR
2 PUBLIC INSPECTION A RECORD OF THE FINAL VOTE OF EACH MEMBER ON
3 ANY ACTION TAKEN BY IT.
4 (F) EXPENSES.--EACH COMMISSIONER SHALL BE ENTITLED TO
5 REIMBURSEMENT FOR HIS ACCOUNTABLE EXPENSES INCURRED WHILE
6 ENGAGED IN THE BUSINESS OF THE COMMISSION.
7 § 2153. POWERS AND DUTIES.
8 (A) GENERAL RULE.--THE COMMISSION, PURSUANT TO RULES AND
9 REGULATIONS, SHALL HAVE THE POWER TO:
10 (1) ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
11 AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO CARRY
12 OUT THE PURPOSES OF THIS SUBCHAPTER AND CHAPTER 97 (RELATING
13 TO SENTENCING).
14 (2) UTILIZE, WITH THEIR CONSENT, THE SERVICES,
15 EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF FEDERAL,
16 STATE, LOCAL AND PRIVATE AGENCIES AND INSTRUMENTALITIES WITH
17 OR WITHOUT REIMBURSEMENT THEREFOR.
18 (3) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
19 COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
20 NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
21 WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
22 CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
23 ORGANIZATION.
24 (4) REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
25 OFFICER OR AGENCY OF THE COMMONWEALTH GOVERNMENT AS THE
26 COMMISSION MAY FROM TIME TO TIME REQUIRE AND AS MAY BE
27 PRODUCED CONSISTENT WITH OTHER LAW.
28 (5) ARRANGE WITH THE HEAD OF ANY GOVERNMENT UNIT FOR THE
29 PERFORMANCE BY THE GOVERNMENT UNIT OF ANY FUNCTION OF THE
30 COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
19790H1873B3650 - 69 -
1 (6) ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
2 TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
3 THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
4 COMMISSION OR ANY MEMBER THEREOF IS EMPOWERED TO MAKE A
5 DETERMINATION UNDER THIS SUBCHAPTER.
6 (7) ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
7 THE COMMISSION FOR THE PURPOSE OF:
8 (I) SERVING AS A CLEARINGHOUSE AND INFORMATION
9 CENTER FOR THE COLLECTION, PREPARATION AND DISSEMINATION
10 OF INFORMATION ON COMMONWEALTH SENTENCING PRACTICES.
11 (II) ASSISTING AND SERVING IN A CONSULTING CAPACITY
12 TO STATE COURTS, DEPARTMENTS AND AGENCIES IN THE
13 DEVELOPMENT, MAINTENANCE AND COORDINATION OF SOUND
14 SENTENCING PRACTICES.
15 (8) COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
16 STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
17 PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
18 (9) PUBLISH DATA CONCERNING THE SENTENCING PROCESSES.
19 (10) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
20 CONCERNING SENTENCES ACTUALLY IMPOSED.
21 (11) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
22 REGARDING EFFECTIVENESS OF SENTENCES IMPOSED.
23 (12) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
24 CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING AND
25 CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
26 NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
27 RATIONAL SENTENCING POLICY.
28 (B) ANNUAL REPORTS.--THE COMMISSION SHALL REPORT ANNUALLY TO
29 THE GENERAL ASSEMBLY, THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA
30 COURTS AND THE GOVERNOR ON THE ACTIVITIES OF THE COMMISSION.
19790H1873B3650 - 70 -
1 (C) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
2 SUCH OTHER POWERS AND DUTIES AND SHALL PERFORM SUCH OTHER
3 FUNCTIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
4 SUBCHAPTER OR AS MAY BE PROVIDED UNDER ANY OTHER PROVISION OF
5 LAW AND MAY DELEGATE TO ANY COMMISSIONER OR DESIGNATED PERSON
6 SUCH POWERS AS MAY BE APPROPRIATE OTHER THAN THE POWER TO
7 ESTABLISH GENERAL POLICIES, GUIDELINES, RULES AND FACTORS UNDER
8 SUBSECTION (A)(1).
9 § 2154. ADOPTION OF GUIDELINES FOR SENTENCING.
10 THE COMMISSION SHALL ADOPT GUIDELINES FOR SENTENCING WITHIN
11 THE LIMITS ESTABLISHED BY LAW WHICH SHALL BE CONSIDERED BY THE
12 SENTENCING COURT IN DETERMINING THE APPROPRIATE SENTENCE FOR
13 FELONIES AND MISDEMEANORS COMMITTED BY A DEFENDANT. THE
14 GUIDELINES SHALL:
15 (1) SPECIFY THE RANGE OF SENTENCES APPLICABLE TO CRIMES
16 OF A GIVEN DEGREE OF GRAVITY.
17 (2) SPECIFY A RANGE OF SENTENCES OF INCREASED SEVERITY
18 FOR DEFENDANTS PREVIOUSLY CONVICTED OF A FELONY OR FELONIES
19 OR CONVICTED OF A CRIME INVOLVING THE USE OF A DEADLY WEAPON.
20 (3) PRESCRIBE VARIATIONS FROM THE RANGE OF SENTENCES
21 APPLICABLE ON ACCOUNT OF AGGRAVATING OR MITIGATING
22 CIRCUMSTANCES.
23 § 2155. PUBLICATION OF GUIDELINES FOR SENTENCING.
24 (A) GENERAL RULE.--THE COMMISSION SHALL:
25 (1) PRIOR TO ADOPTION, PUBLISH IN THE PENNSYLVANIA
26 BULLETIN ALL PROPOSED INITIAL AND SUBSEQUENT SENTENCING
27 GUIDELINES AND HOLD PUBLIC HEARINGS NOT EARLIER THAN 30 DAYS
28 AND NOT LATER THAN 60 DAYS THEREAFTER TO AFFORD AN
29 OPPORTUNITY FOR THE FOLLOWING PERSONS AND ORGANIZATIONS TO
30 TESTIFY:
19790H1873B3650 - 71 -
1 (I) PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION.
2 (II) CHIEFS OF POLICE ASSOCIATIONS.
3 (III) FRATERNAL ORDER OF POLICE.
4 (IV) PUBLIC DEFENDERS ORGANIZATION.
5 (V) LAW SCHOOL FACULTY MEMBERS.
6 (VI) STATE BOARD OF PROBATION AND PAROLE.
7 (VII) BUREAU OF CORRECTION.
8 (VIII) PENNSYLVANIA BAR ASSOCIATION.
9 (IX) PENNSYLVANIA WARDENS ASSOCIATION.
10 (X) PENNSYLVANIA ASSOCIATION ON PROBATION, PAROLE
11 AND CORRECTIONS.
12 (XI) PENNSYLVANIA CONFERENCE OF STATE TRIAL JUDGES.
13 (XII) ANY OTHER INTERESTED PERSON OR ORGANIZATION.
14 (2) PUBLISH IN THE PENNSYLVANIA BULLETIN ALL INITIAL AND
15 SUBSEQUENT SENTENCING GUIDELINES AS ADOPTED BY THE
16 COMMISSION.
17 (B) REJECTION BY GENERAL ASSEMBLY.--THE GENERAL ASSEMBLY MAY
18 BY CONCURRENT RESOLUTION REJECT IN THEIR ENTIRETY ANY INITIAL OR
19 SUBSEQUENT GUIDELINES ADOPTED BY THE COMMISSION WITHIN 90 DAYS
20 OF THEIR PUBLICATION IN THE PENNSYLVANIA BULLETIN PURSUANT TO
21 SUBSECTION (A)(2).
22 (C) EFFECTIVE DATE.--INITIAL AND ANY SUBSEQUENT GUIDELINES
23 ADOPTED BY THE COMMISSION SHALL BECOME EFFECTIVE 90 DAYS AFTER
24 PUBLICATION IN THE PENNSYLVANIA BULLETIN PURSUANT TO SUBSECTION
25 (A)(2) UNLESS REJECTED IN THEIR ENTIRETY BY THE GENERAL ASSEMBLY
26 BY A CONCURRENT RESOLUTION.
27 (B) THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL ADOPT
28 AND PUBLISH IN THE PENNSYLVANIA BULLETIN PURSUANT TO 42 PA.C.S.
29 § 2155(A)(2) (RELATING TO PUBLICATION OF GUIDELINES FOR
30 SENTENCING) THE INITIAL SENTENCING GUIDELINES WITHIN 18 MONTHS
19790H1873B3650 - 72 -
1 OF THE FIRST MEETING OF THE COMMISSION. THE PROVISIONS OF 18
2 PA.C.S. § 1386 (REDESIGNATED BY THIS ACT AS 42 PA.C.S. § 9781)
3 (RELATING TO APPELLATE REVIEW OF SENTENCE) SHALL TAKE EFFECT
4 UPON THE EFFECTIVE DATE OF SUCH INITIAL SENTENCING GUIDELINES
5 PURSUANT TO 42 PA.C.S. § 2155(C) (RELATING TO EFFECTIVE DATE).
6 (C) THE PROVISIONS OF SUBSECTION (A), 42 PA.C.S. § 9781
7 (RELATING TO APPELLATE REVIEW OF SENTENCE), AND SECTION 6 OF THE
8 ACT OF NOVEMBER 26, 1978 (P.L.1316, NO.319), ENTITLED "AN ACT
9 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
10 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR SENTENCING AND
11 PROVIDING FOR ALTERATION OF IDENTIFICATION MARKS ON PERSONAL
12 PROPERTY," ARE NOT SEVERABLE AND IF ANY PROVISION THEREOF OR THE
13 APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD
14 INVALID, THE REMAINDER OF SUBSECTION (A), 42 PA.C.S. § 9781 AND
15 SUCH SECTION 6 SHALL BE INVALID.
16 (D) SUBCHAPTER G (RELATING TO PENNSYLVANIA COMMISSION ON
17 SENTENCING) OF TITLE 18, AND SECTIONS 7 AND 8(A) AND (B) OF THE
18 ACT OF NOVEMBER 26, 1978 (P.L.1316, NO.319), ENTITLED "AN ACT
19 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA
20 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR SENTENCING AND
21 PROVIDING FOR ALTERATION OF IDENTIFICATION MARKS ON PERSONAL
22 PROPERTY," ARE REPEALED EXCEPT AS FOLLOWS:
23 (1) SECTION 1386 IS HEREBY EXPRESSLY SAVED FROM REPEAL
24 AND SHALL BE REDESIGNATED AS PROVIDED BY ARTICLE IV OF THIS
25 ACT.
26 (2) THE ORIGINAL TERMS OF MEMBERS OF THE PENNSYLVANIA
27 COMMISSION ON SENTENCING SHALL BE STAGGERED AS PROVIDED BY
28 THE FORMER PROVISIONS OF 18 PA.C.S. § 1381(A) (RELATING TO
29 COMPOSITION).
30 (E) SUBCHAPTER F OF CHAPTER 21 (RELATING TO PENNSYLVANIA
19790H1873B3650 - 73 -
1 COMMISSION ON SENTENCING) OF TITLE 42 AND SUBSECTION (C) OF THIS
2 SECTION SHALL EXPIRE AND BE DEEMED NULL AND VOID FOUR YEARS FROM
3 THE DATE ON WHICH INITIAL GUIDELINES ARE ADOPTED PURSUANT TO 42
4 PA.C.S. § 2155 (RELATING TO PUBLICATION OF GUIDELINES FOR
5 SENTENCING) UNLESS THIS SUBSECTION IS AMENDED OR REPEALED PRIOR
6 TO SUCH EXPIRATION DATE.
7 SECTION 219. CODIFICATION OF ACT NO. 1978-324.--(A) SECTION
8 3101 OF TITLE 42, AMENDED APRIL 28, 1978 (P.L.202, NO.53), IS
9 AMENDED TO READ:
10 § 3101. QUALIFICATIONS OF JUDICIAL OFFICERS GENERALLY.
11 (A) GENERAL RULE.--JUDGES AND DISTRICT JUSTICES SHALL BE
12 CITIZENS OF THIS COMMONWEALTH. JUDGES, EXCEPT JUDGES OF THE
13 PITTSBURGH MAGISTRATES COURT AND THE TRAFFIC COURT OF
14 PHILADELPHIA, SHALL BE MEMBERS OF THE BAR OF THIS COMMONWEALTH.
15 JUDGES OF THE SUPREME, SUPERIOR AND COMMONWEALTH COURTS, FOR A
16 PERIOD OF ONE YEAR PRECEDING THEIR ELECTION OR APPOINTMENT AND
17 DURING THEIR CONTINUANCE IN OFFICE, SHALL RESIDE WITHIN THIS
18 COMMONWEALTH. OTHER JUDGES AND DISTRICT JUSTICES, FOR A PERIOD
19 OF ONE YEAR PRECEDING THEIR ELECTION OR APPOINTMENT AND DURING
20 THEIR CONTINUANCE IN OFFICE, SHALL RESIDE WITHIN THEIR
21 RESPECTIVE DISTRICTS, EXCEPT WHEN TEMPORARILY ASSIGNED TO
22 ANOTHER DISTRICT PURSUANT TO LAW.
23 (B) MENTAL HEALTH REVIEW OFFICERS.--MENTAL HEALTH REVIEW
24 OFFICERS SHALL BE MEMBERS OF THE BAR OF THIS COMMONWEALTH
25 WITHOUT RESTRICTION AS TO COUNTY OF RESIDENCE AND WHERE POSSIBLE
26 SHOULD BE FAMILIAR WITH THE FIELD OF MENTAL HEALTH. JUDGES OF
27 THE PHILADELPHIA MUNICIPAL COURT MAY BE APPOINTED MENTAL HEALTH
28 REVIEW OFFICERS.
29 (B) SECOND AND THIRD SENTENCES OF SECTION 109(A), ACT OF
30 JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE "MENTAL HEALTH
19790H1873B3650 - 74 -
1 PROCEDURES ACT," ARE REPEALED.
2 SECTION 220. CODIFICATION OF ACT NO. 1978-325.--SECTION
3 3571(E) OF TITLE 42, ADDED APRIL 28, 1978 (P.L.202, NO.53), IS
4 AMENDED TO READ:
5 § 3571. COMMONWEALTH PORTION OF FINES, ETC.
6 * * *
7 (E) [SUNDAY TRADING] OTHER OFFENSES.--FINES FORFEITED,
8 RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, LOST OR FORFEITED
9 UNDER [18 PA.C.S. § 7361 (RELATING TO WORLDLY EMPLOYMENT OR
10 BUSINESS)] THE FOLLOWING PROVISIONS OF LAW SHALL BE PAYABLE TO
11 THE COMMONWEALTH:
12 18 PA.C.S. § 7361 (RELATING TO WORLDLY EMPLOYMENT OR
13 BUSINESS).
14 ACT OF NOVEMBER 26, 1978 (P.L.1375, NO.325), KNOWN AS THE
15 "DAM SAFETY AND ENCROACHMENTS ACT."
16 SECTION 221. CODIFICATION OF ACT NOS. 1978-330, 1978-152 AND
17 1980-43.--(A) SECTION 761(A)(1) OF TITLE 42, AMENDED BY SECTION
18 203 AND AFFECTED BY SECTION 324 OF THIS ACT, IS AMENDED TO READ:
19 § 761. ORIGINAL JURISDICTION.
20 (A) GENERAL RULE.--THE COMMONWEALTH COURT SHALL HAVE
21 ORIGINAL JURISDICTION OF ALL CIVIL ACTIONS OR PROCEEDINGS:
22 (1) AGAINST THE COMMONWEALTH GOVERNMENT, INCLUDING ANY
23 OFFICER THEREOF, ACTING IN HIS OFFICIAL CAPACITY, EXCEPT:
24 (I) ACTIONS OR PROCEEDINGS IN THE NATURE OF
25 APPLICATIONS FOR A WRIT OF HABEAS CORPUS OR POST-
26 CONVICTION RELIEF NOT ANCILLARY TO PROCEEDINGS WITHIN THE
27 APPELLATE JURISDICTION OF THE COURT;
28 (II) EMINENT DOMAIN PROCEEDINGS; AND
29 (III) ACTIONS ON CLAIMS IN WHICH [SOVEREIGN]
30 IMMUNITY HAS BEEN WAIVED PURSUANT TO [SECTION 5110
19790H1873B3650 - 75 -
1 (RELATING TO LIMITED WAIVER OF SOVEREIGN IMMUNITY) AND
2 PURSUANT TO] CHAPTER 85 (RELATING TO MATTERS AFFECTING
3 GOVERNMENT UNITS) OR THE ACT OF MAY 20, 1937 (P.L.728,
4 NO.193), REFERRED TO AS THE BOARD OF CLAIMS ACT.
5 * * *
6 (B) (1) SECTION 761(C) OF TITLE 42, AMENDED SEPTEMBER 28,
7 1978 (P.L.788, NO.152), IS REPEALED.
8 (2) THE SUBSECTION HEADING OF SECTION 761(D) OF TITLE 42,
9 ADDED JULY 9, 1976 (P.L.586, NO.142), IS AMENDED TO READ:
10 § 761. ORIGINAL JURISDICTION.
11 * * *
12 [(D)] (C) ANCILLARY MATTERS.--* * *
13 (C) SECTION 762(A)(1) AND (7) OF TITLE 42, AMENDED SEPTEMBER
14 28, 1978 (P.L.788, NO.152), ARE AMENDED OR ADDED TO READ:
15 § 762. APPEALS FROM COURTS OF COMMON PLEAS.
16 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
17 COMMONWEALTH COURT SHALL HAVE EXCLUSIVE JURISDICTION OF APPEALS
18 FROM FINAL ORDERS OF THE COURTS OF COMMON PLEAS IN [ANY OF] THE
19 FOLLOWING CASES:
20 (1) COMMONWEALTH CIVIL CASES.--ALL CIVIL ACTIONS OR
21 PROCEEDINGS TO WHICH THE COMMONWEALTH [OR] GOVERNMENT,
22 INCLUDING ANY OFFICER OR EMPLOYEE THEREOF, ACTING IN HIS
23 OFFICIAL CAPACITY OR WITHIN THE SCOPE OF HIS DUTIES, IS A
24 PARTY, INCLUDING ACTIONS OR CLAIMS IN WHICH [SOVEREIGN]
25 IMMUNITY HAS BEEN WAIVED PURSUANT TO [SECTION 5110 (RELATING
26 TO LIMITED WAIVER OF SOVEREIGN IMMUNITY)] SUBCHAPTER B OF
27 CHAPTER 85 (RELATING TO ACTIONS AGAINST COMMONWEALTH
28 PARTIES), EXCEPT ACTIONS OR PROCEEDINGS IN THE NATURE OF
29 APPLICATIONS FOR A WRIT OF HABEAS CORPUS OR POST-CONVICTION
30 RELIEF NOT ANCILLARY TO PROCEEDINGS WITHIN THE APPELLATE
19790H1873B3650 - 76 -
1 JURISDICTION OF THE COURT.
2 * * *
3 (7) IMMUNITY WAIVER MATTERS.--MATTERS IN WHICH IMMUNITY
4 HAS BEEN WAIVED PURSUANT TO SUBCHAPTER C OF CHAPTER 85
5 (RELATING TO ACTIONS AGAINST LOCAL PARTIES).
6 * * *
7 (D) SECTION 931 OF TITLE 42 IS REPEALED.
8 (E) TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
9 § 931. ORIGINAL JURISDICTION AND VENUE.
10 (A) GENERAL RULE.--EXCEPT WHERE EXCLUSIVE ORIGINAL
11 JURISDICTION OF AN ACTION OR PROCEEDING IS BY STATUTE OR BY
12 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
13 REASSIGNMENT OF MATTERS) VESTED IN ANOTHER COURT OF THIS
14 COMMONWEALTH, THE COURTS OF COMMON PLEAS SHALL HAVE UNLIMITED
15 ORIGINAL JURISDICTION OF ALL ACTIONS AND PROCEEDINGS, INCLUDING
16 ALL ACTIONS AND PROCEEDINGS HERETOFORE COGNIZABLE BY LAW OR
17 USAGE IN THE COURTS OF COMMON PLEAS.
18 (B) CONCURRENT AND EXCLUSIVE JURISDICTION.--THE JURISDICTION
19 OF THE COURTS OF COMMON PLEAS UNDER THIS SECTION SHALL BE
20 EXCLUSIVE EXCEPT WITH RESPECT TO ACTIONS AND PROCEEDINGS
21 CONCURRENT JURISDICTION OF WHICH IS BY STATUTE OR BY GENERAL
22 RULE ADOPTED PURSUANT TO SECTION 503 VESTED IN ANOTHER COURT OF
23 THIS COMMONWEALTH OR IN THE DISTRICT JUSTICES.
24 (C) VENUE AND PROCESS.--EXCEPT AS PROVIDED BY SUBCHAPTER B
25 OF CHAPTER 85 (RELATING TO ACTIONS AGAINST COMMONWEALTH
26 PARTIES), THE VENUE OF A COURT OF COMMON PLEAS CONCERNING
27 MATTERS OVER WHICH JURISDICTION IS CONFERRED BY THIS SECTION
28 SHALL BE AS PRESCRIBED BY GENERAL RULE. THE PROCESS OF THE COURT
29 SHALL EXTEND BEYOND THE TERRITORIAL LIMITS OF THE JUDICIAL
30 DISTRICT TO THE EXTENT PRESCRIBED BY GENERAL RULE. EXCEPT AS
19790H1873B3650 - 77 -
1 OTHERWISE PRESCRIBED BY GENERAL RULE, IN A PROCEEDING TO ENFORCE
2 AN ORDER OF A GOVERNMENT AGENCY THE PROCESS OF THE COURT SHALL
3 EXTEND THROUGHOUT THIS COMMONWEALTH.
4 (F) SECTION 5101 OF TITLE 42, AMENDED SEPTEMBER 28, 1978
5 (P.L.788, NO.152), IS AMENDED TO READ:
6 § 5101. REMEDY TO EXIST FOR LEGAL INJURY.
7 [(A) GENERAL RULE.--]EVERY PERSON FOR A LEGAL INJURY DONE
8 HIM IN HIS LANDS, GOODS, PERSON, OR REPUTATION SHALL HAVE REMEDY
9 BY DUE COURSE OF LAW, AND RIGHT AND JUSTICE ADMINISTERED WITHOUT
10 SALE, DENIAL OR DELAY.
11 [(B) NO WAIVER OF SOVEREIGN IMMUNITY.--THE PROVISIONS OF
12 SUBSECTION (A) SHALL NOT BE CONSTRUED AS A WAIVER BY THE
13 COMMONWEALTH OF IMMUNITY TO SUIT EXCEPT FOR ACTIONS PURSUANT TO
14 SECTION 5110 (RELATING TO LIMITED WAIVER OF SOVEREIGN
15 IMMUNITY).]
16 (G) SECTIONS 5110 AND 5111 OF TITLE 42, ADDED SEPTEMBER 28,
17 1978 (P.L.788, NO.152), ARE REPEALED.
18 (H) SECTION 5522 OF TITLE 42 IS REPEALED.
19 (I) (1) TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
20 § 5522. SIX MONTHS LIMITATION.
21 (A) NOTICE PREREQUISITE TO ACTION AGAINST GOVERNMENT UNIT.--
22 (1) WITHIN SIX MONTHS FROM THE DATE THAT ANY INJURY WAS
23 SUSTAINED OR ANY CAUSE OF ACTION ACCRUED, ANY PERSON WHO IS
24 ABOUT TO COMMENCE ANY CIVIL ACTION OR PROCEEDING WITHIN THIS
25 COMMONWEALTH OR ELSEWHERE AGAINST A GOVERNMENT UNIT FOR
26 DAMAGES ON ACCOUNT OF ANY INJURY TO HIS PERSON OR PROPERTY
27 UNDER CHAPTER 85 (RELATING TO MATTERS AFFECTING GOVERNMENT
28 UNITS) OR OTHERWISE SHALL FILE IN THE OFFICE OF THE
29 GOVERNMENT UNIT, AND IF THE ACTION IS AGAINST A COMMONWEALTH
30 AGENCY FOR DAMAGES, THEN ALSO FILE IN THE OFFICE OF THE
19790H1873B3650 - 78 -
1 ATTORNEY GENERAL, A STATEMENT IN WRITING, SIGNED BY OR IN HIS
2 BEHALF, SETTING FORTH:
3 (I) THE NAME AND RESIDENCE ADDRESS OF THE PERSON TO
4 WHOM THE CAUSE OF ACTION HAS ACCRUED.
5 (II) THE NAME AND RESIDENCE ADDRESS OF THE PERSON
6 INJURED.
7 (III) THE DATE AND HOUR OF THE ACCIDENT.
8 (IV) THE APPROXIMATE LOCATION WHERE THE ACCIDENT
9 OCCURRED.
10 (V) THE NAME AND RESIDENCE OR OFFICE ADDRESS OF ANY
11 ATTENDING PHYSICIAN.
12 (2) IF THE STATEMENT PROVIDED FOR BY THIS SUBSECTION IS
13 NOT FILED, ANY CIVIL ACTION OR PROCEEDING COMMENCED AGAINST
14 THE GOVERNMENT UNIT MORE THAN SIX MONTHS AFTER THE DATE OF
15 INJURY SHALL BE DISMISSED AND THE PERSON TO WHOM ANY SUCH
16 CAUSE OF ACTION ACCRUED FOR ANY PERSONAL INJURY SHALL BE
17 FOREVER BARRED FROM PROCEEDING FURTHER THEREON WITHIN THIS
18 COMMONWEALTH OR ELSEWHERE. THE COURT SHALL EXCUSE
19 NONCOMPLIANCE WITH THIS REQUIREMENT UPON A SHOWING OF
20 REASONABLE EXCUSE FOR FAILURE TO FILE SUCH STATEMENT.
21 (3) IN THE CASE OF A CIVIL ACTION OR PROCEEDING AGAINST
22 A GOVERNMENT UNIT OTHER THAN THE COMMONWEALTH GOVERNMENT:
23 (I) THE TIME FOR GIVING SUCH WRITTEN NOTICE DOES NOT
24 INCLUDE THE TIME DURING WHICH AN INDIVIDUAL INJURED IS
25 UNABLE, DUE TO INCAPACITATION OR DISABILITY FROM THE
26 INJURY, TO GIVE NOTICE, NOT EXCEEDING 90 DAYS OF
27 INCAPACITY.
28 (II) IF THE INJURIES TO AN INDIVIDUAL RESULT IN
29 DEATH, THE TIME FOR GIVING NOTICE SHALL COMMENCE WITH
30 SUCH DEATH.
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1 (III) FAILURE TO COMPLY WITH THIS SUBSECTION SHALL
2 NOT BE A BAR IF THE GOVERNMENT UNIT HAD ACTUAL OR
3 CONSTRUCTIVE NOTICE OF THE INCIDENT OR CONDITION GIVING
4 RISE TO THE CLAIM OF A PERSON.
5 (B) COMMENCEMENT OF ACTION REQUIRED.--THE FOLLOWING ACTIONS
6 AND PROCEEDINGS MUST BE COMMENCED WITHIN SIX MONTHS:
7 (1) AN ACTION AGAINST ANY OFFICER OF ANY GOVERNMENT UNIT
8 FOR ANYTHING DONE IN THE EXECUTION OF HIS OFFICE, EXCEPT AN
9 ACTION SUBJECT TO ANOTHER LIMITATION SPECIFIED IN THIS
10 SUBCHAPTER.
11 (2) A PETITION FOR THE ESTABLISHMENT OF A DEFICIENCY
12 JUDGMENT FOLLOWING SALE OF THE COLLATERAL OF THE DEBTOR UNDER
13 THE PROVISIONS OF SECTION 8103 (RELATING TO DEFICIENCY
14 JUDGMENTS).
15 (3) ANY ACTION SUBJECT TO 13 PA.C.S. § 6111 (RELATING TO
16 LIMITATION OF ACTIONS AND LEVIES).
17 (4) AN ACTION UNDER SECTION 4563.1(C) (RELATING TO CIVIL
18 LIABILITY).
19 (2) NOTWITHSTANDING 1 PA.C.S. § 1957 (RELATING TO
20 INEFFECTIVE PROVISIONS NOT REVIVED BY REENACTMENT IN
21 AMENDATORY STATUTES), IT IS HEREBY DECLARED TO BE THE INTENT
22 OF PARAGRAPH (1) TO RESTORE 42 PA.C.S. § 5522 (RELATING TO
23 SIX MONTHS LIMITATION) TO ITS STATUS PRIOR TO THE REPEAL
24 EFFECTED BY SECTION 802(B) OF THE ACT OF NOVEMBER 26, 1978
25 (P.L.1399, NO.330), KNOWN AS THE "POLITICAL SUBDIVISION TORT
26 CLAIMS ACT," EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY SUCH
27 SECTION AS REENACTED AND AMENDED HEREBY.
28 (J) REFERENCES IN THE ACT OF SEPTEMBER 28, 1978 (P.L.788,
29 NO.152), TO "THIS ACT" AND TO "42 PA.C.S. § 5110" SHALL BE
30 DEEMED TO BE REFERENCES TO SUBCHAPTER B OF CHAPTER 85 (RELATING
19790H1873B3650 - 80 -
1 TO ACTIONS AGAINST COMMONWEALTH PARTIES) OF TITLE 42.
2 (K) CHAPTER 85 OF TITLE 42 IS REPEALED.
3 (L) TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
4 CHAPTER 85
5 MATTERS AFFECTING GOVERNMENT UNITS
6 SUBCHAPTER
7 A. GENERAL PROVISIONS
8 B. ACTIONS AGAINST COMMONWEALTH PARTIES
9 C. ACTIONS AGAINST LOCAL PARTIES
10 SUBCHAPTER A
11 GENERAL PROVISIONS
12 SEC.
13 8501. DEFINITIONS.
14 8502. ENFORCEMENT PROCEEDINGS.
15 § 8501. DEFINITIONS.
16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
17 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
18 MEANINGS GIVEN TO THEM IN THIS SECTION:
19 "ACT." INCLUDES A FAILURE TO ACT.
20 "COMMONWEALTH PARTY." A COMMONWEALTH AGENCY AND ANY EMPLOYEE
21 THEREOF, BUT ONLY WITH RESPECT TO AN ACT WITHIN THE SCOPE OF HIS
22 OFFICE OR EMPLOYMENT.
23 "EMPLOYEE." ANY PERSON WHO IS ACTING OR WHO HAS ACTED ON
24 BEHALF OF A GOVERNMENT UNIT WHETHER ON A PERMANENT OR TEMPORARY
25 BASIS, WHETHER COMPENSATED OR NOT AND WHETHER WITHIN OR WITHOUT
26 THE TERRITORIAL BOUNDARIES OF THE GOVERNMENT UNIT, INCLUDING ANY
27 VOLUNTEER FIREMAN AND ANY ELECTED OR APPOINTED OFFICER, MEMBER
28 OF A GOVERNING BODY OR OTHER PERSON DESIGNATED TO ACT FOR THE
29 GOVERNMENT UNIT. INDEPENDENT CONTRACTORS UNDER CONTRACT TO THE
30 GOVERNMENT UNIT AND THEIR EMPLOYEES AND AGENTS AND PERSONS
19790H1873B3650 - 81 -
1 PERFORMING TASKS OVER WHICH THE GOVERNMENT UNIT HAS NO LEGAL
2 RIGHT OF CONTROL ARE NOT EMPLOYEES OF THE GOVERNMENT UNIT.
3 "INJURY." INCLUDES DEATH.
4 "JUDICIAL DETERMINATION." ANY DETERMINATION BY A COURT OF
5 COMPETENT JURISDICTION INCLUDING ANY SETTLEMENT APPROVED BY SUCH
6 COURT.
7 "LOCAL AGENCY." A GOVERNMENT UNIT OTHER THAN THE
8 COMMONWEALTH GOVERNMENT. THE TERM INCLUDES AN INTERMEDIATE UNIT.
9 § 8502. ENFORCEMENT PROCEEDINGS.
10 (A) VENUE.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES
11 THE VENUE OF ANY ACTION OR PROCEEDING BY A COMMONWEALTH AGENCY
12 TO ENFORCE ANY STATUTE OR REGULATION OR ORDER OF A GOVERNMENT
13 UNIT MAY BE LAID IN ANY COURT HAVING JURISDICTION OF THE SUBJECT
14 MATTER.
15 (B) BOND.--NEITHER A COMMONWEALTH AGENCY NOR A DISTRICT
16 ATTORNEY SHALL BE REQUIRED TO GIVE BOND IN CONNECTION WITH ANY
17 APPLICATION FOR EQUITABLE RELIEF INCIDENT TO THE ENFORCEMENT OF
18 ANY STATUTE OR REGULATION OR ORDER OF A GOVERNMENT UNIT.
19 SUBCHAPTER B
20 ACTIONS AGAINST COMMONWEALTH PARTIES
21 SEC.
22 SOVEREIGN IMMUNITY
23 8521. SOVEREIGN IMMUNITY GENERALLY.
24 8522. EXCEPTIONS TO SOVEREIGN IMMUNITY.
25 8523. VENUE AND PROCESS.
26 8524. DEFENSES.
27 8525. LEGAL ASSISTANCE.
28 8526. COUNTERCLAIM BY THE COMMONWEALTH
29 LIMITATIONS ON DAMAGES
30 8528. LIMITATIONS ON DAMAGES.
19790H1873B3650 - 82 -
1 SOVEREIGN IMMUNITY
2 § 8521. SOVEREIGN IMMUNITY GENERALLY.
3 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
4 SUBCHAPTER, NO PROVISION OF THIS TITLE SHALL CONSTITUTE A WAIVER
5 OF SOVEREIGN IMMUNITY FOR THE PURPOSE OF 1 PA.C.S. § 2310
6 (RELATING TO SOVEREIGN IMMUNITY REAFFIRMED; SPECIFIC WAIVER) OR
7 OTHERWISE.
8 (B) FEDERAL COURTS.--NOTHING CONTAINED IN THIS SUBCHAPTER
9 SHALL BE CONSTRUED TO WAIVE THE IMMUNITY OF THE COMMONWEALTH
10 FROM SUIT IN FEDERAL COURTS GUARANTEED BY THE ELEVENTH AMENDMENT
11 TO THE CONSTITUTION OF THE UNITED STATES.
12 § 8522. EXCEPTIONS TO SOVEREIGN IMMUNITY.
13 (A) LIABILITY IMPOSED.--THE GENERAL ASSEMBLY, PURSUANT TO
14 SECTION 11 OF ARTICLE I OF THE CONSTITUTION OF PENNSYLVANIA,
15 DOES HEREBY WAIVE, IN THE INSTANCES SET FORTH IN SUBSECTION (B)
16 ONLY AND ONLY TO THE EXTENT SET FORTH IN THIS SUBCHAPTER AND
17 WITHIN THE LIMITS SET FORTH IN SECTION 8528 (RELATING TO
18 LIMITATIONS ON DAMAGES), SOVEREIGN IMMUNITY AS A BAR TO AN
19 ACTION AGAINST COMMONWEALTH PARTIES, FOR DAMAGES ARISING OUT OF
20 A NEGLIGENT ACT WHERE THE DAMAGES WOULD BE RECOVERABLE UNDER THE
21 COMMON LAW OR A STATUTE CREATING A CAUSE OF ACTION IF THE INJURY
22 WERE CAUSED BY A PERSON NOT HAVING AVAILABLE THE DEFENSE OF
23 SOVEREIGN IMMUNITY.
24 (B) ACTS WHICH MAY IMPOSE LIABILITY.--THE FOLLOWING ACTS BY
25 A COMMONWEALTH PARTY MAY RESULT IN THE IMPOSITION OF LIABILITY
26 ON THE COMMONWEALTH AND THE DEFENSE OF SOVEREIGN IMMUNITY SHALL
27 NOT BE RAISED TO CLAIMS FOR DAMAGES CAUSED BY:
28 (1) VEHICLE LIABILITY.--THE OPERATION OF ANY MOTOR
29 VEHICLE IN THE POSSESSION OR CONTROL OF A COMMONWEALTH PARTY.
30 AS USED IN THIS PARAGRAPH, "MOTOR VEHICLE" MEANS ANY VEHICLE
19790H1873B3650 - 83 -
1 WHICH IS SELF-PROPELLED AND ANY ATTACHMENT THERETO, INCLUDING
2 VEHICLES OPERATED BY RAIL, THROUGH WATER OR IN THE AIR.
3 (2) MEDICAL-PROFESSIONAL LIABILITY.--ACTS OF HEALTH CARE
4 EMPLOYEES OF COMMONWEALTH AGENCY MEDICAL FACILITIES OR
5 INSTITUTIONS OR BY A COMMONWEALTH PARTY WHO IS A DOCTOR,
6 DENTIST, NURSE OR RELATED HEALTH CARE PERSONNEL.
7 (3) CARE, CUSTODY OR CONTROL OF PERSONAL PROPERTY.--THE
8 CARE, CUSTODY OR CONTROL OF PERSONAL PROPERTY IN THE
9 POSSESSION OR CONTROL OF COMMONWEALTH PARTIES, INCLUDING
10 COMMONWEALTH-OWNED PERSONAL PROPERTY AND PROPERTY OF PERSONS
11 HELD BY A COMMONWEALTH AGENCY, EXCEPT THAT THE SOVEREIGN
12 IMMUNITY OF THE COMMONWEALTH IS RETAINED AS A BAR TO ACTIONS
13 ON CLAIMS ARISING OUT OF COMMONWEALTH AGENCY ACTIVITIES
14 INVOLVING THE USE OF NUCLEAR AND OTHER RADIOACTIVE EQUIPMENT,
15 DEVICES AND MATERIALS.
16 (4) COMMONWEALTH REAL ESTATE, HIGHWAYS AND SIDEWALKS.--A
17 DANGEROUS CONDITION OF COMMONWEALTH AGENCY REAL ESTATE AND
18 SIDEWALKS, INCLUDING COMMONWEALTH-OWNED REAL PROPERTY,
19 LEASEHOLDS IN THE POSSESSION OF A COMMONWEALTH AGENCY AND
20 COMMONWEALTH-OWNED REAL PROPERTY LEASED BY A COMMONWEALTH
21 AGENCY TO PRIVATE PERSONS, AND HIGHWAYS UNDER THE
22 JURISDICTION OF A COMMONWEALTH AGENCY, EXCEPT CONDITIONS
23 DESCRIBED IN PARAGRAPH (5).
24 (5) POTHOLES AND OTHER DANGEROUS CONDITIONS.--A
25 DANGEROUS CONDITION OF HIGHWAYS UNDER THE JURISDICTION OF A
26 COMMONWEALTH AGENCY CREATED BY POTHOLES OR SINKHOLES OR OTHER
27 SIMILAR CONDITIONS CREATED BY NATURAL ELEMENTS, EXCEPT THAT
28 THE CLAIMANT TO RECOVER MUST ESTABLISH THAT THE DANGEROUS
29 CONDITION CREATED A REASONABLY FORESEEABLE RISK OF THE KIND
30 OF INJURY WHICH WAS INCURRED AND THAT THE COMMONWEALTH AGENCY
19790H1873B3650 - 84 -
1 HAD ACTUAL WRITTEN NOTICE OF THE DANGEROUS CONDITION OF THE
2 HIGHWAY A SUFFICIENT TIME PRIOR TO THE EVENT TO HAVE TAKEN
3 MEASURES TO PROTECT AGAINST THE DANGEROUS CONDITION. PROPERTY
4 DAMAGES SHALL NOT BE RECOVERABLE UNDER THIS PARAGRAPH.
5 (6) CARE, CUSTODY OR CONTROL OF ANIMALS.--THE CARE,
6 CUSTODY OR CONTROL OF ANIMALS IN THE POSSESSION OR CONTROL OF
7 A COMMONWEALTH PARTY, INCLUDING BUT NOT LIMITED TO POLICE
8 DOGS AND HORSES AND ANIMALS INCARCERATED IN COMMONWEALTH
9 AGENCY LABORATORIES. DAMAGES SHALL NOT BE RECOVERABLE UNDER
10 THIS PARAGRAPH ON ACCOUNT OF ANY INJURY CAUSED BY WILD
11 ANIMALS, INCLUDING BUT NOT LIMITED TO BEARS AND DEER, EXCEPT
12 AS OTHERWISE PROVIDED BY STATUTE.
13 (7) LIQUOR STORE SALES.--THE SALE OF LIQUOR AT
14 PENNSYLVANIA LIQUOR STORES BY EMPLOYEES OF THE PENNSYLVANIA
15 LIQUOR CONTROL BOARD CREATED BY AND OPERATING UNDER THE ACT
16 OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE "LIQUOR
17 CODE," IF SUCH SALE IS MADE TO ANY MINOR, OR TO ANY PERSON
18 VISIBLY INTOXICATED, OR TO ANY INSANE PERSON, OR TO ANY
19 PERSON KNOWN AS AN HABITUAL DRUNKARD, OR OF KNOWN INTEMPERATE
20 HABIT.
21 (8) NATIONAL GUARD ACTIVITIES.--ACTS OF A MEMBER OF THE
22 PENNSYLVANIA MILITARY FORCES.
23 § 8523. VENUE AND PROCESS.
24 (A) VENUE.--ACTIONS FOR CLAIMS AGAINST A COMMONWEALTH PARTY
25 MAY BE BROUGHT IN AND ONLY IN A COUNTY IN WHICH THE PRINCIPAL OR
26 LOCAL OFFICE OF THE COMMONWEALTH PARTY IS LOCATED OR IN WHICH
27 THE CAUSE OF ACTION AROSE OR WHERE A TRANSACTION OR OCCURRENCE
28 TOOK PLACE OUT OF WHICH THE CAUSE OF ACTION AROSE. IF VENUE IS
29 OBTAINED IN THE TWELFTH JUDICIAL DISTRICT (DAUPHIN COUNTY)
30 SOLELY BECAUSE THE PRINCIPAL OFFICE OF THE COMMONWEALTH PARTY IS
19790H1873B3650 - 85 -
1 LOCATED WITHIN IT, ANY JUDGE OF THE COURT OF COMMON PLEAS OF
2 DAUPHIN COUNTY SHALL HAVE THE POWER TO TRANSFER THE ACTION TO
3 ANY APPROPRIATE COUNTY WHERE VENUE WOULD OTHERWISE LIE.
4 (B) PROCESS.--SERVICE OF PROCESS IN THE CASE OF AN ACTION
5 AGAINST THE COMMONWEALTH SHALL BE MADE AT THE PRINCIPAL OR LOCAL
6 OFFICE OF THE COMMONWEALTH AGENCY THAT IS BEING SUED AND AT THE
7 OFFICE OF THE ATTORNEY GENERAL.
8 § 8524. DEFENSES.
9 THE FOLLOWING COMMON LAW DEFENSES ARE AVAILABLE:
10 (1) AN OFFICIAL OF A COMMONWEALTH AGENCY, OR A MEMBER OF
11 THE GENERAL ASSEMBLY OR THE JUDICIARY MAY ASSERT ON HIS OWN
12 BEHALF, OR THE COMMONWEALTH MAY ASSERT ON HIS BEHALF,
13 DEFENSES WHICH HAVE HERETOFORE BEEN AVAILABLE TO SUCH
14 OFFICIALS.
15 (2) AN EMPLOYEE OF A COMMONWEALTH AGENCY, OR A MEMBER OF
16 THE GENERAL ASSEMBLY OR OF THE JUDICIARY MAY ASSERT ON HIS
17 OWN BEHALF, OR THE COMMONWEALTH MAY ASSERT ON HIS BEHALF, THE
18 DEFENSE THAT THE EMPLOYEE WAS ACTING PURSUANT TO A DUTY
19 REQUIRED BY A STATUTE OR STATUTORILY AUTHORIZED REGULATION.
20 (3) AN EMPLOYEE OF A COMMONWEALTH AGENCY, OR A MEMBER OF
21 THE GENERAL ASSEMBLY OR OF THE JUDICIARY MAY ASSERT ON HIS
22 OWN BEHALF, OR THE COMMONWEALTH MAY ASSERT ON HIS BEHALF, THE
23 DEFENSE THAT THE ACT WAS WITHIN THE DISCRETION GRANTED TO THE
24 EMPLOYEE BY STATUTE OR STATUTORILY AUTHORIZED REGULATION.
25 § 8525. LEGAL ASSISTANCE.
26 WHEN AN ACTION IS BROUGHT UNDER THIS SUBCHAPTER AGAINST AN
27 EMPLOYEE OF THE COMMONWEALTH GOVERNMENT, AND IT IS ALLEGED THAT
28 THE ACT OF THE EMPLOYEE WHICH GAVE RISE TO THE CLAIM WAS WITHIN
29 THE SCOPE OF THE OFFICE OR DUTIES OF THE EMPLOYEE, THE
30 COMMONWEALTH THROUGH THE ATTORNEY GENERAL SHALL DEFEND THE
19790H1873B3650 - 86 -
1 ACTION, UNLESS THE ATTORNEY GENERAL DETERMINES THAT THE ACT DID
2 NOT OCCUR WITHIN THE SCOPE OF THE OFFICE OR DUTIES OF THE
3 EMPLOYEE. IN THE LATTER CASE, IF IT IS SUBSEQUENTLY DETERMINED
4 THAT THE ACT OCCURRED WITHIN THE SCOPE OF THE OFFICE OR DUTIES
5 OF THE EMPLOYEE, THE COMMONWEALTH SHALL REIMBURSE THE EMPLOYEE
6 FOR THE EXPENSE OF HIS LEGAL DEFENSE IN SUCH AMOUNTS AS SHALL BE
7 DETERMINED TO BE REASONABLE BY THE COURT. IF AN ACTION IS
8 BROUGHT AGAINST A COMMONWEALTH GOVERNMENT EMPLOYEE FOR DAMAGES
9 ON ACCOUNT OF INJURY TO A PERSON OR PROPERTY AND IT IS NOT
10 ALLEGED THAT THE ACT OF THE EMPLOYEE WHICH GAVE RISE TO THE
11 CLAIM WAS WITHIN THE SCOPE OF HIS OFFICE OR DUTIES, AND HE
12 SUCCESSFULLY DEFENDS THE ACTION ON THE BASIS THAT THE ACT WAS
13 WITHIN THE SCOPE OF HIS OFFICE OR DUTIES, AND HE HAS GIVEN PRIOR
14 NOTICE TO THE ATTORNEY GENERAL AND THE ATTORNEY GENERAL HAS
15 REFUSED TO DEFEND THE ACTION, HE SHALL LIKEWISE BE ENTITLED TO
16 THE REASONABLE EXPENSES OF THE DEFENSE.
17 § 8526. COUNTERCLAIM BY THE COMMONWEALTH.
18 IN ANY ACTION INITIATED UNDER THIS SUBCHAPTER, THE
19 COMMONWEALTH MAY SET FORTH ANY CAUSE OF ACTION OR SET-OFF WHICH
20 IT HAS AGAINST THE PLAINTIFF. A COUNTERCLAIM NEED NOT DIMINISH
21 OR DEFEAT THE RELIEF DEMANDED BY THE PLAINTIFF. IT MAY DEMAND
22 RELIEF EXCEEDING IN AMOUNT OR DIFFERENT IN KIND FROM THAT
23 DEMANDED BY THE PLAINTIFF.
24 LIMITATIONS ON DAMAGES
25 § 8528. LIMITATIONS ON DAMAGES.
26 (A) GENERAL RULE.--ACTIONS FOR WHICH DAMAGES ARE LIMITED BY
27 REFERENCE TO THIS SUBCHAPTER SHALL BE LIMITED AS SET FORTH IN
28 THIS SECTION.
29 (B) AMOUNT RECOVERABLE.--DAMAGES ARISING FROM THE SAME CAUSE
30 OF ACTION OR TRANSACTION OR OCCURRENCE OR SERIES OF CAUSES OF
19790H1873B3650 - 87 -
1 ACTION OR TRANSACTIONS OR OCCURRENCES SHALL NOT EXCEED $250,000
2 IN FAVOR OF ANY PLAINTIFF OR $1,000,000 IN THE AGGREGATE.
3 (C) TYPES OF DAMAGES RECOVERABLE.--DAMAGES SHALL BE
4 RECOVERABLE ONLY FOR:
5 (1) PAST AND FUTURE LOSS OF EARNINGS AND EARNING
6 CAPACITY.
7 (2) PAIN AND SUFFERING.
8 (3) MEDICAL AND DENTAL EXPENSES INCLUDING THE REASONABLE
9 VALUE OF REASONABLE AND NECESSARY MEDICAL AND DENTAL
10 SERVICES, PROSTHETIC DEVICES AND NECESSARY AMBULANCE,
11 HOSPITAL, PROFESSIONAL NURSING, AND PHYSICAL THERAPY EXPENSES
12 ACCRUED AND ANTICIPATED IN THE DIAGNOSIS, CARE AND RECOVERY
13 OF THE CLAIMANT.
14 (4) LOSS OF CONSORTIUM.
15 (5) PROPERTY LOSSES, EXCEPT THAT PROPERTY LOSSES SHALL
16 NOT BE RECOVERABLE IN CLAIMS BROUGHT PURSUANT TO SECTION
17 8522(B)(5) (RELATING TO POTHOLES AND OTHER DANGEROUS
18 CONDITIONS).
19 SUBCHAPTER C
20 ACTIONS AGAINST LOCAL PARTIES
21 SEC.
22 GOVERNMENTAL IMMUNITY
23 8541. GOVERNMENTAL IMMUNITY GENERALLY.
24 8542. EXCEPTIONS TO GOVERNMENTAL IMMUNITY.
25 OFFICIAL IMMUNITY
26 8545. OFFICIAL LIABILITY GENERALLY.
27 8546. DEFENSE OF OFFICIAL IMMUNITY.
28 8547. LEGAL ASSISTANCE.
29 8548. INDEMNITY.
30 8549. LIMITATION ON DAMAGES.
19790H1873B3650 - 88 -
1 8550. WILLFUL MISCONDUCT.
2 LIMITATIONS ON DAMAGES
3 8553. LIMITATIONS ON DAMAGES.
4 JUDGMENTS
5 8557. JUDGMENT AS A BAR.
6 8558. JUDGMENTS AGAINST INSURED LOCAL AGENCY.
7 8559. JUDGMENTS AGAINST SELF-INSURED LOCAL AGENCY AND THOSE
8 NOT FULLY INSURED.
9 POWERS OF LOCAL AGENCIES
10 8563. GENERAL POWERS OF LOCAL AGENCIES.
11 8564. LIABILITY INSURANCE AND SELF-INSURANCE.
12 GOVERNMENTAL IMMUNITY
13 § 8541. GOVERNMENTAL IMMUNITY GENERALLY.
14 EXCEPT AS OTHERWISE PROVIDED IN THIS SUBCHAPTER, NO LOCAL
15 AGENCY SHALL BE LIABLE FOR ANY DAMAGES ON ACCOUNT OF ANY INJURY
16 TO A PERSON OR PROPERTY CAUSED BY ANY ACT OF THE LOCAL AGENCY OR
17 AN EMPLOYEE THEREOF OR ANY OTHER PERSON.
18 § 8542. EXCEPTIONS TO GOVERNMENTAL IMMUNITY.
19 (A) LIABILITY IMPOSED.--A LOCAL AGENCY SHALL BE LIABLE FOR
20 DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY WITHIN
21 THE LIMITS SET FORTH IN THIS SUBCHAPTER IF BOTH OF THE FOLLOWING
22 CONDITIONS ARE SATISFIED AND THE INJURY OCCURS AS A RESULT OF
23 ONE OF THE ACTS SET FORTH IN SUBSECTION (B):
24 (1) THE DAMAGES WOULD BE RECOVERABLE UNDER COMMON LAW OR
25 A STATUTE CREATING A CAUSE OF ACTION IF THE INJURY WERE
26 CAUSED BY A PERSON NOT HAVING AVAILABLE A DEFENSE UNDER
27 SECTION 8541 (RELATING TO GOVERNMENTAL IMMUNITY GENERALLY) OR
28 SECTION 8546 (RELATING TO DEFENSE OF OFFICIAL IMMUNITY); AND
29 (2) THE INJURY WAS CAUSED BY THE NEGLIGENT ACTS OF THE
30 LOCAL AGENCY OR AN EMPLOYEE THEREOF ACTING WITHIN THE SCOPE
19790H1873B3650 - 89 -
1 OF HIS OFFICE OR DUTIES WITH RESPECT TO ONE OF THE CATEGORIES
2 LISTED IN SUBSECTION (B). AS USED IN THIS SUBSECTION,
3 "NEGLIGENT ACTS" SHALL NOT INCLUDE ACTS OR CONDUCT WHICH
4 CONSTITUTES A CRIME, ACTUAL FRAUD, ACTUAL MALICE OR WILLFUL
5 MISCONDUCT.
6 (B) ACTS WHICH MAY IMPOSE LIABILITY.--THE FOLLOWING ACTS BY
7 A LOCAL AGENCY OR ANY OF ITS EMPLOYEES MAY RESULT IN THE
8 IMPOSITION OF LIABILITY ON A LOCAL AGENCY:
9 (1) VEHICLE LIABILITY.--THE OPERATION OF ANY MOTOR
10 VEHICLE IN THE POSSESSION OR CONTROL OF THE LOCAL AGENCY. AS
11 USED IN THIS PARAGRAPH, "MOTOR VEHICLE" MEANS ANY VEHICLE
12 WHICH IS SELF-PROPELLED AND ANY ATTACHMENT THERETO, INCLUDING
13 VEHICLES OPERATED BY RAIL, THROUGH WATER OR IN THE AIR.
14 (2) CARE, CUSTODY OR CONTROL OF PERSONAL PROPERTY.--THE
15 CARE, CUSTODY OR CONTROL OF PERSONAL PROPERTY OF OTHERS IN
16 THE POSSESSION OR CONTROL OF THE LOCAL AGENCY. THE ONLY
17 LOSSES FOR WHICH DAMAGES SHALL BE RECOVERABLE UNDER THIS
18 PARAGRAPH ARE THOSE PROPERTY LOSSES SUFFERED WITH RESPECT TO
19 THE PERSONAL PROPERTY IN THE POSSESSION OR CONTROL OF THE
20 LOCAL AGENCY.
21 (3) REAL PROPERTY.--THE CARE, CUSTODY OR CONTROL OF REAL
22 PROPERTY IN THE POSSESSION OF THE LOCAL AGENCY, EXCEPT THAT
23 THE LOCAL AGENCY SHALL NOT BE LIABLE FOR DAMAGES ON ACCOUNT
24 OF ANY INJURY SUSTAINED BY A PERSON INTENTIONALLY TRESPASSING
25 ON REAL PROPERTY IN THE POSSESSION OF THE LOCAL AGENCY. AS
26 USED IN THIS PARAGRAPH, "REAL PROPERTY" SHALL NOT INCLUDE:
27 (I) TREES, TRAFFIC SIGNS, LIGHTS AND OTHER TRAFFIC
28 CONTROLS, STREET LIGHTS AND STREET LIGHTING SYSTEMS;
29 (II) FACILITIES OF STEAM, SEWER, WATER, GAS AND
30 ELECTRIC SYSTEMS OWNED BY THE LOCAL AGENCY AND LOCATED
19790H1873B3650 - 90 -
1 WITHIN RIGHTS-OF-WAY;
2 (III) STREETS; OR
3 (IV) SIDEWALKS.
4 (4) TREES, TRAFFIC CONTROLS AND STREET LIGHTING.--A
5 DANGEROUS CONDITION OF TREES, TRAFFIC SIGNS, LIGHTS OR OTHER
6 TRAFFIC CONTROLS, STREET LIGHTS OR STREET LIGHTING SYSTEMS
7 UNDER THE CARE, CUSTODY OR CONTROL OF THE LOCAL AGENCY,
8 EXCEPT THAT THE CLAIMANT TO RECOVER MUST ESTABLISH THAT THE
9 DANGEROUS CONDITION CREATED A REASONABLY FORESEEABLE RISK OF
10 THE KIND OF INJURY WHICH WAS INCURRED AND THAT THE LOCAL
11 AGENCY HAD ACTUAL NOTICE OR COULD REASONABLY BE CHARGED WITH
12 NOTICE UNDER THE CIRCUMSTANCES OF THE DANGEROUS CONDITION AT
13 A SUFFICIENT TIME PRIOR TO THE EVENT TO HAVE TAKEN MEASURES
14 TO PROTECT AGAINST THE DANGEROUS CONDITION.
15 (5) UTILITY SERVICE FACILITIES.--A DANGEROUS CONDITION
16 OF THE FACILITIES OF STEAM, SEWER, WATER, GAS OR ELECTRIC
17 SYSTEMS OWNED BY THE LOCAL AGENCY AND LOCATED WITHIN RIGHTS-
18 OF-WAY, EXCEPT THAT THE CLAIMANT TO RECOVER MUST ESTABLISH
19 THAT THE DANGEROUS CONDITION CREATED A REASONABLY FORESEEABLE
20 RISK OF THE KIND OF INJURY WHICH WAS INCURRED AND THAT THE
21 LOCAL AGENCY HAD ACTUAL NOTICE OR COULD REASONABLY BE CHARGED
22 WITH NOTICE UNDER THE CIRCUMSTANCES OF THE DANGEROUS
23 CONDITION AT A SUFFICIENT TIME PRIOR TO THE EVENT TO HAVE
24 TAKEN MEASURES TO PROTECT AGAINST THE DANGEROUS CONDITION.
25 (6) STREETS.--A DANGEROUS CONDITION OF STREETS OWNED BY
26 THE LOCAL AGENCY, EXCEPT THAT THE CLAIMANT TO RECOVER MUST
27 ESTABLISH THAT THE DANGEROUS CONDITION CREATED A REASONABLY
28 FORESEEABLE RISK OF THE KIND OF INJURY WHICH WAS INCURRED AND
29 THAT THE LOCAL AGENCY HAD ACTUAL NOTICE OR COULD REASONABLY
30 BE CHARGED WITH NOTICE UNDER THE CIRCUMSTANCES OF THE
19790H1873B3650 - 91 -
1 DANGEROUS CONDITION AT A SUFFICIENT TIME PRIOR TO THE EVENT
2 TO HAVE TAKEN MEASURES TO PROTECT AGAINST THE DANGEROUS
3 CONDITION.
4 (7) SIDEWALKS.--A DANGEROUS CONDITION OF SIDEWALKS
5 WITHIN THE RIGHTS-OF-WAY OF STREETS OWNED BY THE LOCAL
6 AGENCY, EXCEPT THAT THE CLAIMANT TO RECOVER MUST ESTABLISH
7 THAT THE DANGEROUS CONDITION CREATED A REASONABLY FORESEEABLE
8 RISK OF THE KIND OF INJURY WHICH WAS INCURRED AND THAT THE
9 LOCAL AGENCY HAD ACTUAL NOTICE OR COULD REASONABLY BE CHARGED
10 WITH NOTICE UNDER THE CIRCUMSTANCES OF THE DANGEROUS
11 CONDITION AT A SUFFICIENT TIME PRIOR TO THE EVENT TO HAVE
12 TAKEN MEASURES TO PROTECT AGAINST THE DANGEROUS CONDITION.
13 WHEN A LOCAL AGENCY IS LIABLE FOR DAMAGES UNDER THIS
14 PARAGRAPH BY REASON OF ITS POWER AND AUTHORITY TO REQUIRE
15 INSTALLATION AND REPAIR OF SIDEWALKS UNDER THE CARE, CUSTODY
16 AND CONTROL OF OTHER PERSONS, THE LOCAL AGENCY SHALL BE
17 SECONDARILY LIABLE ONLY AND SUCH OTHER PERSONS SHALL BE
18 PRIMARILY LIABLE.
19 (8) CARE, CUSTODY OR CONTROL OF ANIMALS.--THE CARE,
20 CUSTODY OR CONTROL OF ANIMALS IN THE POSSESSION OR CONTROL OF
21 A LOCAL AGENCY, INCLUDING BUT NOT LIMITED TO POLICE DOGS AND
22 HORSES. DAMAGES SHALL NOT BE RECOVERABLE UNDER THIS PARAGRAPH
23 ON ACCOUNT OF ANY INJURY CAUSED BY WILD ANIMALS, INCLUDING
24 BUT NOT LIMITED TO BEARS AND DEER, EXCEPT AS OTHERWISE
25 PROVIDED BY STATUTE.
26 (C) LIMITED DEFINITION.--AS USED IN THIS SECTION THE AMOUNT
27 OF TIME REASONABLY REQUIRED TO TAKE PROTECTIVE MEASURES,
28 INCLUDING INSPECTIONS REQUIRED BY LAW, SHALL BE DETERMINED WITH
29 REFERENCE TO THE ACTUAL EQUIPMENT, PERSONNEL AND FACILITIES
30 AVAILABLE TO THE LOCAL AGENCY AND THE COMPETING DEMANDS
19790H1873B3650 - 92 -
1 THEREFOR.
2 OFFICIAL IMMUNITY
3 § 8545. OFFICIAL LIABILITY GENERALLY.
4 AN EMPLOYEE OF A LOCAL AGENCY IS LIABLE FOR CIVIL DAMAGES ON
5 ACCOUNT OF ANY INJURY TO A PERSON OR PROPERTY CAUSED BY ACTS OF
6 THE EMPLOYEE WHICH ARE WITHIN THE SCOPE OF HIS OFFICE OR DUTIES
7 ONLY TO THE SAME EXTENT AS HIS EMPLOYING LOCAL AGENCY AND
8 SUBJECT TO THE LIMITATIONS IMPOSED BY THIS SUBCHAPTER.
9 § 8546. DEFENSE OF OFFICIAL IMMUNITY.
10 IN ANY ACTION BROUGHT AGAINST AN EMPLOYEE OF A LOCAL AGENCY
11 FOR DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY
12 BASED UPON CLAIMS ARISING FROM, OR REASONABLY RELATED TO, THE
13 OFFICE OR THE PERFORMANCE OF THE DUTIES OF THE EMPLOYEE, THE
14 EMPLOYEE MAY ASSERT ON HIS OWN BEHALF, OR THE LOCAL AGENCY MAY
15 ASSERT ON HIS BEHALF:
16 (1) DEFENSES WHICH ARE AVAILABLE AT COMMON LAW TO THE
17 EMPLOYEE.
18 (2) THE DEFENSE THAT THE CONDUCT OF THE EMPLOYEE WHICH
19 GAVE RISE TO THE CLAIM WAS AUTHORIZED OR REQUIRED BY LAW, OR
20 THAT HE IN GOOD FAITH REASONABLY BELIEVED THE CONDUCT WAS
21 AUTHORIZED OR REQUIRED BY LAW.
22 (3) THE DEFENSE THAT THE ACT OF THE EMPLOYEE WHICH GAVE
23 RISE TO THE CLAIM WAS WITHIN THE POLICYMAKING DISCRETION
24 GRANTED TO THE EMPLOYEE BY LAW. FOR PURPOSES OF THIS
25 SUBSECTION, ALL ACTS OF MEMBERS OF THE GOVERNING BODY OF A
26 LOCAL AGENCY OR OF THE CHIEF EXECUTIVE OFFICER THEREOF ARE
27 DEEMED TO BE WITHIN THE POLICYMAKING DISCRETION GRANTED TO
28 SUCH PERSON BY LAW.
29 § 8547. LEGAL ASSISTANCE.
30 (A) MANDATORY PROVISION OF LEGAL ASSISTANCE GENERALLY.--WHEN
19790H1873B3650 - 93 -
1 AN ACTION IS BROUGHT AGAINST AN EMPLOYEE OF A LOCAL AGENCY FOR
2 DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY, AND IT
3 IS ALLEGED THAT THE ACT OF THE EMPLOYEE WHICH GAVE RISE TO THE
4 CLAIM WAS WITHIN THE SCOPE OF THE OFFICE OR DUTIES OF THE
5 EMPLOYEE, THE LOCAL AGENCY SHALL, UPON THE WRITTEN REQUEST OF
6 THE EMPLOYEE, DEFEND THE ACTION, UNLESS OR UNTIL THERE IS A
7 JUDICIAL DETERMINATION THAT SUCH ACT WAS NOT WITHIN THE SCOPE OF
8 THE OFFICE OR DUTIES OF THE EMPLOYEE.
9 (B) OPTIONAL PROVISION OF LEGAL ASSISTANCE GENERALLY.--WHEN
10 AN ACTION IS BROUGHT AGAINST AN EMPLOYEE OF A LOCAL AGENCY FOR
11 DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY, AND IT
12 IS NOT ALLEGED THAT THE ACT OF THE EMPLOYEE WHICH GAVE RISE TO
13 THE CLAIM WAS WITHIN THE SCOPE OF HIS OFFICE OR DUTIES, THE
14 LOCAL AGENCY MAY, UPON THE WRITTEN REQUEST OF THE EMPLOYEE,
15 DEFEND THE ACTION, AND SUCH UNDERTAKING TO DEFEND THEREAFTER MAY
16 BE WITHDRAWN ONLY WITH THE APPROVAL OF THE COURT. IF THE LOCAL
17 AGENCY HAS REFUSED A WRITTEN REQUEST TO DEFEND THE ACTION, AND
18 IT IS JUDICIALLY DETERMINED THAT THE ACT WAS, OR THAT THE
19 EMPLOYEE IN GOOD FAITH REASONABLY BELIEVED THAT SUCH ACT WAS,
20 WITHIN THE SCOPE OF THE OFFICE OR DUTIES OF THE EMPLOYEE AND DID
21 NOT CONSTITUTE A CRIME, ACTUAL FRAUD, ACTUAL MALICE OR WILLFUL
22 MISCONDUCT, THE LOCAL AGENCY SHALL REIMBURSE THE EMPLOYEE FOR
23 THE EXPENSES OF HIS LEGAL DEFENSE IN SUCH AMOUNTS AS SHALL BE
24 DETERMINED TO BE REASONABLE BY THE COURT.
25 (C) CONTROL OF LITIGATION.--WHEN, PURSUANT TO SUBSECTION (A)
26 OR SUBSECTION (B), THE LOCAL AGENCY DEFENDS AN ACTION AGAINST AN
27 EMPLOYEE THEREOF AT THE REQUEST OF THE EMPLOYEE, IT MAY ASSUME
28 EXCLUSIVE CONTROL OF THE DEFENSE OF THE EMPLOYEE, KEEPING HIM
29 ADVISED WITH RESPECT THERETO, AND THE EMPLOYEE SHALL COOPERATE
30 FULLY WITH THE DEFENSE, EXCEPT THAT IN SITUATIONS WHERE THE
19790H1873B3650 - 94 -
1 LEGAL COUNSEL PROVIDED BY THE LOCAL AGENCY DETERMINES THAT THE
2 INTERESTS OF THE EMPLOYEE AND THE LOCAL AGENCY CONFLICT, THE
3 LOCAL AGENCY SHALL OBTAIN THE EXPRESS WRITTEN CONSENT OF THE
4 EMPLOYEE FOR SUCH INTERESTED REPRESENTATION OR SHALL SUPPLY
5 INDEPENDENT REPRESENTATION.
6 § 8548. INDEMNITY.
7 (A) INDEMNITY BY LOCAL AGENCY GENERALLY.--WHEN AN ACTION IS
8 BROUGHT AGAINST AN EMPLOYEE OF A LOCAL AGENCY FOR DAMAGES ON
9 ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY, AND HE HAS GIVEN
10 TIMELY PRIOR WRITTEN NOTICE TO THE LOCAL AGENCY, AND IT IS
11 JUDICIALLY DETERMINED THAT AN ACT OF THE EMPLOYEE CAUSED THE
12 INJURY AND SUCH ACT WAS, OR THAT THE EMPLOYEE IN GOOD FAITH
13 REASONABLY BELIEVED THAT SUCH ACT WAS, WITHIN THE SCOPE OF HIS
14 OFFICE OR DUTIES, THE LOCAL AGENCY SHALL INDEMNIFY THE EMPLOYEE
15 FOR THE PAYMENT OF ANY JUDGMENT ON THE SUIT.
16 (B) INDEMNITY BY EMPLOYEE GENERALLY.--NO EMPLOYEE OF A LOCAL
17 AGENCY SHALL BE LIABLE TO THE LOCAL AGENCY FOR ANY SURCHARGE,
18 CONTRIBUTION, INDEMNITY OR REIMBURSEMENT FOR ANY LIABILITY
19 INCURRED BY THE LOCAL AGENCY FOR DAMAGES ON ACCOUNT OF AN INJURY
20 TO A PERSON OR PROPERTY CAUSED BY AN ACT OF THE EMPLOYEE WHICH
21 WAS WITHIN THE SCOPE OF HIS OFFICE OR DUTIES OR WHICH HE IN GOOD
22 FAITH REASONABLY BELIEVED TO BE WITHIN THE SCOPE OF HIS OFFICE
23 OR DUTIES. NO EMPLOYEE OF A LOCAL AGENCY SHALL BE LIABLE TO THE
24 LOCAL AGENCY FOR ANY SURCHARGE, CONTRIBUTION, INDEMNITY OR
25 REIMBURSEMENT FOR ANY EXPENSES OR LEGAL FEES INCURRED BY THE
26 LOCAL AGENCY WHILE DEFENDING THE EMPLOYEE AGAINST A CLAIM FOR
27 DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY CAUSED
28 BY AN ACT OF THE EMPLOYEE.
29 (C) COOPERATION.--IN ANY ACTION AGAINST A LOCAL AGENCY OR AN
30 EMPLOYEE THEREOF FOR DAMAGES ON ACCOUNT OF AN INJURY CAUSED BY
19790H1873B3650 - 95 -
1 THE ACT OF THE EMPLOYEE IN WHICH ACTION THE EMPLOYEE HAS NOT
2 FULLY COOPERATED WITH THE LOCAL AGENCY IN THE DEFENSE OF THE
3 ACTION, THE PROVISIONS OF SUBSECTION (B) SHALL NOT APPLY.
4 § 8549. LIMITATION ON DAMAGES.
5 IN ANY ACTION BROUGHT AGAINST AN EMPLOYEE OF A LOCAL AGENCY
6 FOR DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON OR PROPERTY IN
7 WHICH IT IS JUDICIALLY DETERMINED THAT THE ACT OF THE EMPLOYEE
8 CAUSED THE INJURY AND THAT SUCH ACT WAS, OR THAT THE EMPLOYEE IN
9 GOOD FAITH REASONABLY BELIEVED THAT SUCH ACT WAS, WITHIN THE
10 SCOPE OF HIS OFFICE OR DUTIES, DAMAGES SHALL BE RECOVERABLE ONLY
11 WITHIN THE LIMITS SET FORTH IN THIS SUBCHAPTER.
12 § 8550. WILLFUL MISCONDUCT.
13 IN ANY ACTION AGAINST A LOCAL AGENCY OR EMPLOYEE THEREOF FOR
14 DAMAGES ON ACCOUNT OF AN INJURY CAUSED BY THE ACT OF THE
15 EMPLOYEE IN WHICH IT IS JUDICIALLY DETERMINED THAT THE ACT OF
16 THE EMPLOYEE CAUSED THE INJURY AND THAT SUCH ACT CONSTITUTED A
17 CRIME, ACTUAL FRAUD, ACTUAL MALICE OR WILLFUL MISCONDUCT, THE
18 PROVISIONS OF SECTIONS 8545 (RELATING TO OFFICIAL LIABILITY
19 GENERALLY), 8546 (RELATING TO DEFENSE OF OFFICIAL IMMUNITY),
20 8548 (RELATING TO INDEMNITY) AND 8549 (RELATING TO LIMITATION ON
21 DAMAGES) SHALL NOT APPLY.
22 LIMITATIONS ON DAMAGES
23 § 8553. LIMITATIONS ON DAMAGES.
24 (A) GENERAL RULE.--ACTIONS FOR WHICH DAMAGES ARE LIMITED BY
25 REFERENCE TO THIS SUBCHAPTER SHALL BE LIMITED AS SET FORTH IN
26 THIS SECTION.
27 (B) AMOUNTS RECOVERABLE.--DAMAGES ARISING FROM THE SAME
28 CAUSE OF ACTION OR TRANSACTION OR OCCURRENCE OR SERIES OF CAUSES
29 OF ACTION OR TRANSACTIONS OR OCCURRENCES SHALL NOT EXCEED
30 $500,000 IN THE AGGREGATE.
19790H1873B3650 - 96 -
1 (C) TYPES OF LOSSES RECOGNIZED.--DAMAGES SHALL BE
2 RECOVERABLE ONLY FOR:
3 (1) PAST AND FUTURE LOSS OF EARNINGS AND EARNING
4 CAPACITY.
5 (2) PAIN AND SUFFERING IN THE FOLLOWING INSTANCES:
6 (I) DEATH; OR
7 (II) ONLY IN CASES OF PERMANENT LOSS OF A BODILY
8 FUNCTION, PERMANENT DISFIGUREMENT OR PERMANENT
9 DISMEMBERMENT WHERE THE MEDICAL AND DENTAL EXPENSES
10 REFERRED TO IN PARAGRAPH (3) ARE IN EXCESS OF $1,500.
11 (3) MEDICAL AND DENTAL EXPENSES INCLUDING THE REASONABLE
12 VALUE OF REASONABLE AND NECESSARY MEDICAL AND DENTAL
13 SERVICES, PROSTHETIC DEVICES AND NECESSARY AMBULANCE,
14 HOSPITAL, PROFESSIONAL NURSING, AND PHYSICAL THERAPY EXPENSES
15 ACCRUED AND ANTICIPATED IN THE DIAGNOSIS, CARE AND RECOVERY
16 OF THE CLAIMANT.
17 (4) LOSS OF CONSORTIUM.
18 (5) LOSS OF SUPPORT.
19 (6) PROPERTY LOSSES.
20 (D) INSURANCE BENEFITS.--IF A CLAIMANT RECEIVES OR IS
21 ENTITLED TO RECEIVE BENEFITS UNDER A POLICY OF INSURANCE OTHER
22 THAN A LIFE INSURANCE POLICY AS A RESULT OF LOSSES FOR WHICH
23 DAMAGES ARE RECOVERABLE UNDER SUBSECTION (C), THE AMOUNT OF SUCH
24 BENEFITS SHALL BE DEDUCTED FROM THE AMOUNT OF DAMAGES WHICH
25 WOULD OTHERWISE BE RECOVERABLE BY SUCH CLAIMANT.
26 JUDGMENTS
27 § 8557. JUDGMENT AS A BAR.
28 THE JUDGMENT IN AN ACTION COGNIZABLE UNDER SECTION 8545
29 (RELATING TO OFFICIAL LIABILITY GENERALLY) SHALL CONSTITUTE A
30 COMPLETE BAR TO ANY ACTION BY THE CLAIMANT, BY REASON OF THE
19790H1873B3650 - 97 -
1 SAME SUBJECT MATTER, AGAINST THE LOCAL AGENCY OF WHICH THE
2 DEFENDANT IN SUCH ACTION IS AN EMPLOYEE. THE JUDGMENT IN AN
3 ACTION UNDER SECTION 8542 (RELATING TO EXCEPTIONS TO
4 GOVERNMENTAL IMMUNITY) SHALL CONSTITUTE A COMPLETE BAR TO ANY
5 ACTION BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER,
6 AGAINST THE EMPLOYEE WHOSE ACT GAVE RISE TO THE CLAIM.
7 § 8558. JUDGMENTS AGAINST INSURED LOCAL AGENCY.
8 IF THE JUDGMENT IS OBTAINED AGAINST A LOCAL AGENCY THAT HAS
9 PROCURED A CONTRACT OR POLICY OF PUBLIC LIABILITY INSURANCE
10 PROTECTION, THE HOLDER OF THE JUDGMENT MAY USE THE METHODS OF
11 COLLECTING THE JUDGMENT AS ARE PROVIDED BY THE POLICY OR
12 CONTRACT AND THE LAWS OF THE COMMONWEALTH TO THE EXTENT OF THE
13 LIMITS OF COVERAGE PROVIDED.
14 § 8559. JUDGMENTS AGAINST SELF-INSURED LOCAL AGENCY AND THOSE
15 NOT FULLY INSURED.
16 FOR THE PAYMENT OF ANY JUDGMENT OBTAINED UNDER THE PROVISIONS
17 OF THIS SUBCHAPTER AGAINST A LOCAL AGENCY THAT IS A SELF-INSURER
18 OR NOT FULLY COVERED BY LIABILITY INSURANCE, THE MANNER OF
19 PAYING A MONEY JUDGMENT SHALL BE BASED UPON A PROOF OF
20 INDEBTEDNESS OR EVIDENCE OF ANY ESTIMATED TAX LEVY NECESSARY FOR
21 PAYMENT OF THE JUDGMENT AND ANY OTHER EVIDENCE OR STATEMENTS
22 WHICH THE COURT OF ORIGINAL JURISDICTION MAY REQUIRE. AS AN
23 ALTERNATIVE TO PAYING THE MONEY JUDGMENT IN THIS MANNER, THE
24 COURT MAY PROVIDE FOR THE JUDGMENT TO BE PAID OVER A PERIOD OF
25 NOT LESS THAN ONE NOR MORE THAN TEN YEARS. THE INTEREST RATE ON
26 ANY JUDGMENT WHERE PAYMENT IS EXTENDED MORE THAN THREE YEARS
27 SHALL BE AT THE RATE PRESCRIBED BY LAW FOR THE FIRST THREE YEARS
28 AND AT THE RATE OF 6% FOR EACH REMAINING YEAR.
29 POWERS OF LOCAL AGENCIES
30 § 8563. GENERAL POWERS OF LOCAL AGENCIES.
19790H1873B3650 - 98 -
1 (A) RULES AND REGULATIONS.--A LOCAL AGENCY MAY PROMULGATE
2 RULES AND REGULATIONS NOT INCONSISTENT WITH THIS SUBCHAPTER IN
3 ORDER TO IMPLEMENT THE INTENT OF THIS SUBCHAPTER.
4 (B) DELEGATION OF DUTIES.--ANY DUTIES PLACED UPON A LOCAL
5 AGENCY UNDER THE PROVISIONS OF THIS SUBCHAPTER MAY BE DELEGATED
6 TO AN INDEPENDENT CONTRACTOR BY A WRITTEN AGREEMENT.
7 § 8564. LIABILITY INSURANCE AND SELF-INSURANCE.
8 (A) PURCHASE OF LIABILITY INSURANCE.--A LOCAL AGENCY MAY
9 PURCHASE INSURANCE ON ITSELF OR ITS EMPLOYEES FOR ANY LIABILITY
10 ARISING FROM THE PERFORMANCE OF THEIR DUTIES WITHIN THE SCOPE OF
11 THEIR EMPLOYMENT.
12 (B) EMPLOYMENT OF RISK MANAGER.--A LOCAL AGENCY MAY EMPLOY A
13 PROFESSIONAL RISK MANAGER WHOSE RESPONSIBILITY IT SHALL BE TO
14 ADMINISTER A PUBLIC LIABILITY INSURANCE PROGRAM FOR THE LOCAL
15 AGENCY AND INITIATE ANY RISK MANAGEMENT PROGRAM FOR THE LOCAL
16 AGENCY AND ITS EMPLOYEES.
17 (C) JOINT ACTION BY LOCAL AGENCY.--ANY TWO OR MORE LOCAL
18 AGENCIES MAY JOIN TOGETHER, ENTER INTO ANY AGREEMENTS OR JOINTLY
19 CONTRACT FOR THE DEVELOPMENT OF A GROUP RISK MANAGEMENT PROGRAM
20 EITHER THROUGH THE PROVISIONS OF THE ACT OF JULY 12, 1972
21 (P.L.762, NO.180), REFERRED TO AS THE INTERGOVERNMENTAL
22 COOPERATION LAW, OR ANY OTHER APPLICABLE STATUTE. ANY TWO OR
23 MORE LOCAL AGENCIES MAY JOIN TOGETHER, ENTER INTO ANY AGREEMENTS
24 OR JOINTLY CONTRACT FOR THE PURCHASING OF PUBLIC LIABILITY
25 INSURANCE. ANY TWO OR MORE LOCAL AGENCIES MAY POOL THEIR PUBLIC
26 LIABILITY INSURANCE RISKS THROUGH THE PROVISIONS OF THE ACT OF
27 JULY 12, 1972 (P.L.762, NO.180) OR ANY OTHER APPLICABLE STATUTE.
28 (D) INSURANCE POOLING AND COINSURANCE.--THE POOLING OF
29 INSURANCE RISKS, RESERVES, CLAIMS OR LOSSES SHALL NOT BE
30 CONSTRUED TO BE TRANSACTING INSURANCE NOR OTHERWISE SUBJECT
19790H1873B3650 - 99 -
1 LOCAL AGENCIES TO THE PROVISIONS OF STATUTES REGULATING
2 INSURANCE OR INSURANCE COMPANIES. LOCAL AGENCIES MAY BE
3 COINSURED UNDER A MASTER POLICY AND THE TOTAL PREMIUM MAY BE
4 PRORATED AMONG THE LOCAL AGENCIES. ANY COUNTY MAY UNDERTAKE A
5 GROUP RISK MANAGEMENT PROGRAM OR PUBLIC LIABILITY INSURANCE
6 PROGRAM ON BEHALF OF ITSELF AND ANY OTHER LOCAL AGENCIES COVERED
7 BY THIS SUBCHAPTER WITHIN THE COUNTY THAT WISH TO VOLUNTARILY
8 PARTICIPATE IN THE PROGRAMS.
9 (E) SELF-INSURANCE.--ANY LOCAL AGENCY MAY SELF-INSURE WHICH
10 MUST BE FUNDED ON AN ANNUAL BASIS BY APPROPRIATIONS TO ESTABLISH
11 A RESERVE FOR SELF-INSURANCE PURPOSES.
12 SECTION 222. CODIFICATION OF ACT NO. 1980-19.--(A) SECTION
13 7102 OF TITLE 42 IS AMENDED BY ADDING A SUBSECTION TO READ:
14 § 7102. COMPARATIVE NEGLIGENCE.
15 * * *
16 (C) DOWNHILL SKIING.--
17 (1) THE GENERAL ASSEMBLY FINDS THAT THE SPORT OF
18 DOWNHILL SKIING IS PRACTICED BY A LARGE NUMBER OF CITIZENS OF
19 THIS COMMONWEALTH AND ALSO ATTRACTS TO THIS COMMONWEALTH
20 LARGE NUMBERS OF NONRESIDENTS SIGNIFICANTLY CONTRIBUTING TO
21 THE ECONOMY OF THIS COMMONWEALTH. IT IS RECOGNIZED THAT AS IN
22 SOME OTHER SPORTS, THERE ARE INHERENT RISKS IN THE SPORT OF
23 DOWNHILL SKIING.
24 (2) THE DOCTRINE OF VOLUNTARY ASSUMPTION OF RISK AS IT
25 APPLIES TO DOWNHILL SKIING INJURIES AND DAMAGES IS NOT
26 MODIFIED BY SUBSECTIONS (A) AND (B).
27 (B) THE ACT OF MARCH 27, 1980 (NO.19), ENTITLED "AN ACT
28 ESTABLISHING THE RESPONSIBILITIES AND LIABILITIES OF SKI AREA
29 OPERATORS AND SKIERS IN THE SPORT OF SKIING," IS REPEALED.
30 ARTICLE III
19790H1873B3650 - 100 -
1 REPEALS OF INCONSISTENT LEGISLATION
2 SECTION 301. LANGUAGE AFFECTED BY ACT NO. 1977-25.--
3 SUBSECTION (D) OF SECTION 13, ACT OF SEPTEMBER 2, 1965 (P.L.490,
4 NO.249), ENTITLED "AN ACT PROVIDING FOR THE LICENSING AND
5 REGULATION OF THE BUSINESS OF TRANSMITTING MONEY OR CREDIT FOR A
6 FEE OR OTHER CONSIDERATION BY THE ISSUANCE OF MONEY ORDERS, BY
7 THE SALE OF CHECKS OR BY OTHER METHODS; CONFERRING POWERS AND
8 DUTIES UPON THE DEPARTMENT OF BANKING; AND IMPOSING PENALTIES,"
9 IS REPEALED.
10 SECTION 302. LANGUAGE ADDED BY ACT NO. 1977-30.--AS MUCH AS
11 READS AS FOLLOWS: "COSTS OF THE ACTION, INCLUDING" OF THE FIRST
12 SENTENCE AND SECOND AND THIRD SENTENCES OF SUBSECTION (F) OF
13 SECTION 9.1, ACT OF JULY 14, 1961 (P.L.637, NO.329), KNOWN AS
14 THE "WAGE PAYMENT AND COLLECTION LAW," ARE REPEALED. THE REPEAL
15 OF THE THIRD SENTENCE OF SECTION 9.1(F) OF THE ACT SHALL TAKE
16 EFFECT JUNE 27, 1980.
17 SECTION 303. LANGUAGE ADDED BY ACT NO. 1977-38.--LAST
18 SENTENCE OF SUBSECTION (F) OF SECTION 401, SECTION 606, SECTION
19 607 (EXCEPT INSOFAR AS RELATES TO INJUNCTIONS WITH RESPECT TO
20 ANY REGULATORY LAW ADMINISTERED BY THE INSURANCE COMMISSIONER)
21 AND SECTION 608, ACT OF JULY 29, 1977 (P.L.105, NO.38), KNOWN AS
22 THE "FRATERNAL BENEFIT SOCIETY CODE," ARE REPEALED.
23 SECTION 304. LANGUAGE AFFECTED BY ACT NO. 1977-48.--LAST
24 SENTENCE OF SUBSECTION (A) OF SECTION 9, ACT OF JUNE 26, 1931
25 (P.L.1379, NO.348), ENTITLED, AS AMENDED, "AN ACT CREATING IN
26 COUNTIES OF THE SECOND A AND THIRD CLASS A BOARD FOR THE
27 ASSESSMENT AND REVISION OF TAXES; PROVIDING FOR THE APPOINTMENT
28 OF THE MEMBERS OF SUCH BOARD BY THE COUNTY COMMISSIONERS;
29 PROVIDING FOR THEIR SALARIES, PAYABLE BY THE COUNTY; ABOLISHING
30 EXISTING BOARDS; DEFINING THE POWERS AND DUTIES OF SUCH BOARD;
19790H1873B3650 - 101 -
1 REGULATING THE ASSESSMENT OF PERSONS, PROPERTY, AND OCCUPATIONS
2 FOR COUNTY, BOROUGH, TOWN, TOWNSHIP, SCHOOL, AND POOR PURPOSES;
3 AUTHORIZING THE APPOINTMENT OF SUBORDINATE ASSESSORS, A
4 SOLICITOR, ENGINEERS, AND CLERKS; PROVIDING FOR THEIR
5 COMPENSATION, PAYABLE BY SUCH COUNTIES; ABOLISHING THE OFFICE OF
6 WARD, BOROUGH, AND TOWNSHIP ASSESSORS, SO FAR AS THE MAKING OF
7 ASSESSMENTS AND VALUATIONS FOR TAXATION IS CONCERNED; AND
8 PROVIDING FOR THE ACCEPTANCE OF THIS ACT BY CITIES," WHICH READS
9 AS FOLLOWS: "FROM THE DECISION OF THE COURT, AN APPEAL MAY BE
10 TAKEN AS NOW PROVIDED BY LAW AND THE TAXABLE AND/OR TAXING
11 DISTRICT HAVING AN INTEREST THEREIN WHO PARTICIPATED IN THE
12 HEARING BEFORE THE COURT OF COMMON PLEAS SHALL BE NAMED AS THE
13 APPELLEES IN ANY SUCH APPELLATE APPEAL," IS REPEALED. THE REPEAL
14 OF THE FORMER FIRST SENTENCE OF SUBSECTION (A) OF SECTION 9 OF
15 THE ACT IS HEREBY CONFIRMED.
16 SECTION 305. LANGUAGE ADDED BY ACT NO. 1978-3.--AS MUCH OF
17 SECTION 5 AS FOLLOWS THE WORDS "ATTORNEY GENERAL OF
18 PENNSYLVANIA," ACT OF MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE
19 "STEEL PRODUCTS PROCUREMENT ACT," IS REPEALED.
20 SECTION 306. LANGUAGE AFFECTED BY ACT NO. 1978-36.--AS MUCH
21 AS READS AS FOLLOWS: "WITHIN THIRTY DAYS FROM THE DATE OF SUCH
22 DECISION, TO THE COURT OF COMMON PLEAS" OF THE FOURTH SENTENCE
23 OF SECTION 1724, ACT OF FEBRUARY 1, 1966 (1965 P.L.1656,
24 NO.581), KNOWN AS "THE BOROUGH CODE," IS REPEALED.
25 SECTION 307. LANGUAGE AFFECTED BY ACT NO. 1978-45.--THE
26 REPEAL OF THE ACT OF MAY 9, 1949 (P.L.927, NO.261), AS AMENDED
27 APRIL 28, 1978 (P.L.99, NO.45), REFERRED TO AS THE SHERIFF FEE
28 LAW OF 1949, IS HEREBY CONFIRMED. SECTION 24(A) OF THE ACT OF
29 JULY 9, 1976 (P.L.586, NO.142), KNOWN AS THE "JUDICIARY ACT OF
30 1976," SHALL BE APPLICABLE TO THE REPEAL OF THE ACT.
19790H1873B3650 - 102 -
1 SECTION 308. LANGUAGE ADDED AND AFFECTED BY ACT NO. 1978-
2 52.--(A) AS MUCH OF SECTION 2(A) OF THE ACT OF APRIL 28, 1978
3 (P.L.202, NO.53), KNOWN AS THE "JUDICIARY ACT REPEALER ACT," AS
4 RELATES TO THE ACT OF JULY 12, 1972 (P.L.781, NO.185), KNOWN AS
5 THE "LOCAL GOVERNMENT UNIT DEBT ACT," IS REPEALED.
6 (B) AS MUCH AS READS AS FOLLOWS: "OF THE COUNTY WHERE THE
7 LOCAL GOVERNMENT UNIT IS LOCATED OR, IF THE LOCAL GOVERNMENT
8 UNIT IS LOCATED IN TWO COUNTIES, OF EITHER COUNTY," OF THE FIRST
9 SENTENCE AND LAST SENTENCE OF SUBSECTION (E) OF SECTION 202, AS
10 MUCH AS READS AS FOLLOWS: "COMMONWEALTH" AND "WITHIN THIRTY DAYS
11 FROM THE DATE OF THE ELECTION AND NOT THEREAFTER," OF THE FIRST
12 SENTENCE, AS MUCH AS READS AS FOLLOWS: "WITHIN SUCH PERIOD OF
13 THIRTY DAYS FROM THE DATE OF ELECTION" OF THE SECOND SENTENCE,
14 AND AS MUCH AS READS AS FOLLOWS: "TO THE COMMONWEALTH COURT" OF
15 THE THIRD SENTENCE OF SECTION 304, AS MUCH AS READS AS FOLLOWS:
16 "OF THE COUNTY WHERE THE LOCAL GOVERNMENT UNIT IS LOCATED OR, IF
17 LOCATED IN TWO COUNTIES, OF EITHER COUNTY," OF THE FIRST
18 SENTENCE OF SUBSECTION (A) OF SECTION 510, AS MUCH AS FOLLOWS
19 THE WORD: "NOTEHOLDERS" OF SUBSECTION (C) OF SECTION 807, AS
20 MUCH AS READS AS FOLLOWS: "APPELLATE REVIEW BY COMMONWEALTH
21 COURT" OF THE ARTICLE HEADING OF ARTICLE IX, SECTION 902, AS
22 MUCH AS READS AS FOLLOWS: "COMMONWEALTH" OF SUBSECTION (C) OF
23 SECTION 1006, AS MUCH AS READS AS FOLLOWS: "OF THE COUNTY IN
24 WHICH SUCH LOCAL GOVERNMENT UNIT IS LOCATED, OR, IF LOCATED IN
25 TWO COUNTIES, THEN OF EITHER COUNTY," OF SECTION 1201, AS MUCH
26 AS READS AS FOLLOWS: "IN ASSUMPSIT" (TWO OCCASIONS) AND "OF THE
27 COUNTY IN WHICH SUCH LOCAL GOVERNMENT UNIT IS LOCATED, OR, IF
28 LOCATED IN TWO COUNTIES, OF EITHER COUNTY" (TWO OCCASIONS) OF
29 SECTION 1202, AS MUCH AS READS AS FOLLOWS: "OF THE JURISDICTION
30 IN WHICH SUCH LOCAL GOVERNMENT UNIT IS LOCATED SHALL HAVE
19790H1873B3650 - 103 -
1 JURISDICTION OF ANY SUIT, ACTION OR PROCEEDING BY THE TRUSTEE ON
2 BEHALF OF BONDHOLDERS UNDER THIS SECTION, AND" OF THE FIRST
3 SENTENCE AND SECOND SENTENCE OF SUBSECTION (C) OF SECTION 1203
4 AND SECTION 1305, ACT OF JULY 12, 1972 (P.L.781, NO.185),
5 REENACTED AND AMENDED APRIL 28, 1978 (P.L.124, NO.52), KNOWN AS
6 THE "LOCAL GOVERNMENT UNIT DEBT ACT," ARE REPEALED.
7 SECTION 309. LANGUAGE AFFECTED BY ACT NO. 1978-53.--(A) AS
8 MUCH AS READS AS FOLLOWS: "TO WHICH THE SECRETARY OF THE
9 COMMONWEALTH MAY MAIL A COPY OF ANY PROCESS AGAINST IT THAT MAY
10 BE SERVED UPON HIM" OF SECTION 1015A(7), ACT OF MAY 5, 1933
11 (P.L.364, NO.106), KNOWN AS THE "BUSINESS CORPORATION LAW," IS
12 REPEALED.
13 (B) SECTION 8(B), ACT OF JUNE 22, 1935 (P.L.414, NO.182),
14 KNOWN AS THE "STATE PERSONAL PROPERTY TAX ACT," IS REPEALED.
15 ACTION BY THE DEPARTMENT OF REVENUE UNDER SECTION 8 OF THE ACT
16 SHALL BE REVIEWABLE IN THE SAME MANNER AS OTHER ACTION BY THE
17 DEPARTMENT IN TAX MATTERS IS BY LAW REVIEWABLE.
18 (C) PARAGRAPH (6) AND AS MUCH AS READS AS FOLLOWS: "TO WHICH
19 THE DEPARTMENT OF STATE MAY MAIL A COPY OF ANY PROCESS AGAINST
20 THE CORPORATION THAT MAY BE SERVED UPON THE DEPARTMENT" OF
21 PARAGRAPH (7) OF SECTION 8129(A) OF TITLE 15, ADDED NOVEMBER 15,
22 1972 (P.L.1063, NO.271), IS REPEALED
23 (D) SECTIONS 9(A) AND (C) AND 24(F), ACT OF JULY 9, 1976
24 (P.L.586, NO.142), KNOWN AS THE "JUDICIARY ACT OF 1976," ARE
25 REPEALED.
26 SECTION 310. LANGUAGE ADDED BY ACT NO. 1978-71.--THE ACT OF
27 JUNE 22, 1978 (P.L.491, NO.71), ENTITLED "AN ACT ESTABLISHING
28 THE FEES TO BE CHARGED AND COLLECTED BY THE CLERK OF COURTS IN
29 SECOND, SECOND CLASS A, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND
30 EIGHTH CLASS COUNTIES AND HOME RULE COUNTIES," IS REPEALED.
19790H1873B3650 - 104 -
1 SECTION 24(A) OF THE ACT OF JULY 9, 1976 (P.L.586, NO.142),
2 KNOWN AS THE "JUDICIARY ACT OF 1976," SHALL BE APPLICABLE TO THE
3 REPEAL OF THE ACT. PENDING THE FIXING OF FEES UNDER 42 PA.C.S. §
4 1725 (RELATING TO ESTABLISHMENT OF FEES AND CHARGES) FEES MAY BE
5 FIXED HEREAFTER IN THE MANNER PROVIDED BY THE FORMER PROVISIONS
6 OF ACT NO. 1978-71.
7 SECTION 311. LANGUAGE AFFECTED BY ACT NO. 1978-80.--AS MUCH
8 AS READS AS FOLLOWS: "COMMONWEALTH" OF THE FIRST SENTENCE OF
9 SUBSECTION (B) OF SECTION 11 AND AS MUCH AS READS AS FOLLOWS:
10 "IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE OFFENSE
11 OCCURRED" (TWO OCCASIONS) OF SECTION 12, ACT OF NOVEMBER 9, 1965
12 (P.L.657, NO.323), KNOWN AS THE "HAZARDOUS SUBSTANCES
13 TRANSPORTATION ACT," ARE REPEALED. THE REPEAL OF THE FORMER
14 SECOND SENTENCE OF SUBSECTION (A) AND SECOND AND THIRD SENTENCE
15 OF SUBSECTION (B) OF SECTION 11 OF THE ACT IS HEREBY CONFIRMED.
16 SECTION 312. LANGUAGE ADDED BY ACT NO. 1978-93.--AS MUCH AS
17 FOLLOWS THE WORD "ADJUDICATION" OF SUBSECTION (C) OF SECTION
18 305, AS MUCH AS FOLLOWS THE WORD "JUDGMENT" OF THE LAST SENTENCE
19 OF SECTION 306, THIRD SENTENCE OF SECTION 307, AND AS MUCH AS
20 READS AS FOLLOWS: "ACT OF JUNE 4, 1945 (P.L.1388, NO.442), KNOWN
21 AS THE" OF THE LAST SENTENCE OF SECTION 503 AND SECTION 601 (TWO
22 OCCASIONS) OF THE ACT OF JUNE 23, 1978 (P.L.537, NO.93), KNOWN
23 AS THE "SEASONAL FARM LABOR ACT," ARE REPEALED.
24 SECTION 313. LANGUAGE AFFECTED BY ACT NO. 1978-101.--THE
25 PENULTIMATE PARAGRAPH OF SECTION 1, ACT OF JUNE 25, 1947
26 (P.L.956, NO.403), ENTITLED "AN ACT TO ASCERTAIN AND APPOINT THE
27 FEES TO BE RECEIVED BY THE CLERKS OF THE COURTS OF OYER AND
28 TERMINER, AND QUARTER SESSIONS, OF THE COMMONWEALTH IN COUNTIES
29 OF THE THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH CLASSES,"
30 IS REPEALED. SECTION 24(A) OF THE ACT OF JULY 9, 1976 (P.L.586,
19790H1873B3650 - 105 -
1 NO.142), KNOWN AS THE "JUDICIARY ACT OF 1976," SHALL BE
2 APPLICABLE TO THE REPEAL OF THE ACT.
3 SECTION 314. LANGUAGE AFFECTED BY ACT NO. 1978-102.--THE
4 REPEAL OF THE ACT OF MAY 9, 1949 (P.L.919, NO.257), ENTITLED "AN
5 ACT DESIGNATING CERTAIN CLERKS OF COURTS AGENTS OF THE
6 COMMONWEALTH IN THE COLLECTION AND TRANSMISSION OF FINES,
7 FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, LOST OR
8 FORFEITED INTO ANY COURT FOR THE USE OF THE COMMONWEALTH;
9 PRESCRIBING THEIR POWERS AND DUTIES; FIXING THEIR COMPENSATION;
10 AND PROVIDING PROCEDURES FOR TRANSMISSION AND SETTLEMENT OF
11 CERTAIN MONEYS," IS HEREBY CONFIRMED, EFFECTIVE AS PROVIDED BY
12 SECTION 2(A) OF THE ACT OF APRIL 28, 1978 (P.L.202, NO.53),
13 KNOWN AS THE "JUDICIARY ACT REPEALER ACT."
14 SECTION 315. LANGUAGE ADDED BY ACT NO. 1978-116.--66 PA.C.S.
15 § 902 (RELATING TO COSTS ON REVIEW) IS REPEALED.
16 SECTION 316. LANGUAGE ADDED BY ACT NO. 1978-140.--AS MUCH AS
17 READS AS FOLLOWS: "IN THE COMMONWEALTH COURT" OF THE LAST
18 SENTENCE OF SUBSECTION (B) OF SECTION 4 AND FIRST PARAGRAPH OF
19 SECTION 5, ACT OF JULY 8, 1978 (P.L.752, NO.140), KNOWN AS THE
20 "PUBLIC EMPLOYEE PENSION FORFEITURE ACT," ARE REPEALED.
21 SECTION 317. LANGUAGE ADDED BY ACT NO. 1978-143.--AS MUCH AS
22 READS AS FOLLOWS: "THE ACT OF JUNE 4, 1945 (P.L.1388, NO.442),
23 KNOWN AS" OF SECTION 5(C) OF THE ACT OF SEPTEMBER 22, 1978
24 (P.L.763, NO.143), ENTITLED "AN ACT ESTABLISHING CERTAIN
25 PROCEDURES RELATING TO THE TERMINATION OF INSURANCE AGENCY
26 CONTRACTS OR ACCOUNTS AND PROVIDING PENALTIES," IS REPEALED.
27 SECTION 318. LANGUAGE ADDED BY ACT NO. 1978-166.--SECTION
28 503(A) OF THE ACT OF OCTOBER 4, 1978 (P.L.851, NO.166), KNOWN AS
29 THE "FLOOD PLAIN MANAGEMENT ACT," IS REPEALED.
30 SECTION 319. LANGUAGE ADDED BY ACT NO. 1978-167.--AS MUCH AS
19790H1873B3650 - 106 -
1 READS AS FOLLOWS: "ACT OF JUNE 4, 1945 (P.L.1388, NO.442), KNOWN
2 AS THE" OF SECTION 9(C), AS MUCH AS READS AS FOLLOWS: "IN THE
3 COMMONWEALTH COURT" OF SECTION 10 AND SECOND SENTENCE OF SECTION
4 15(B), ACT OF OCTOBER 4, 1978 (P.L.864, NO.167), KNOWN AS THE
5 "STORM WATER MANAGEMENT ACT," ARE REPEALED.
6 SECTION 320. LANGUAGE ADDED BY ACT NO. 1978-169.--AS MUCH AS
7 READS AS FOLLOWS: "COMMONWEALTH" AND "WITHIN TEN DAYS OF HIS
8 REMOVAL" OF THE FOURTH SENTENCE, SIXTH SENTENCE AND AS MUCH AS
9 READS AS FOLLOWS: "COMMONWEALTH" OF THE SEVENTH SENTENCE, OF
10 SECTION 3(F), AND AS MUCH AS READS AS FOLLOWS: "WITH THE
11 SECRETARY OF THE COMMONWEALTH" OF SECTION 4(10), ACT OF OCTOBER
12 4, 1978 (P.L.876, NO.169), KNOWN AS THE "PENNSYLVANIA CRIME
13 COMMISSION ACT," ARE REPEALED.
14 SECTION 321. LANGUAGE ADDED BY ACT NO. 1978-192.--AS MUCH AS
15 READS AS FOLLOWS: "WITHIN NINETY DAYS AFTER PUBLICATION OF THE
16 FINDINGS REQUIRED IN SUBSECTION (B)" AND "COMMONWEALTH" OF THE
17 FIRST SENTENCE OF SECTION 2002(E), ACT OF APRIL 9, 1929
18 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929,"
19 ADDED OCTOBER 4, 1978 (P.L.972, NO.192), IS REPEALED. THE TIME
20 FOR APPEAL UNDER SECTION 2002(E) OF THE ACT SHALL RUN FROM THE
21 PUBLICATION OF THE FINDINGS REQUIRED IN SECTION 2002(B) OF THE
22 ACT.
23 SECTION 322. LANGUAGE ADDED BY ACT NO. 1978-248.--AS MUCH AS
24 READS AS FOLLOWS: "THE COMMONWEALTH COURT OR THE" AND "OF COMMON
25 PLEAS OF THE COUNTY IN WHICH THE VIOLATION OCCURRED" OF SECTION
26 10(C), ACT OF JUNE 5, 1968 (P.L.140, NO.78), ENTITLED "AN ACT
27 REGULATING THE WRITING, CANCELLATION OF OR REFUSAL TO RENEW
28 POLICIES OF AUTOMOBILE INSURANCE; AND IMPOSING POWERS AND DUTIES
29 ON THE INSURANCE COMMISSIONER THEREFOR," ADDED OCTOBER 5, 1978
30 (P.L.1060, NO.248), IS REPEALED.
19790H1873B3650 - 107 -
1 SECTION 323. LANGUAGE ADDED BY ACT NO. 1978-255.--AS MUCH AS
2 READS AS FOLLOWS OF SECTION 6(A) AND FIRST AND SECOND SENTENCES
3 OF SECTION 8(A) AS READS AS FOLLOWS "COMMONWEALTH" (THREE
4 OCCASIONS), ACT OF OCTOBER 5, 1978 (P.L.1088, NO.255), KNOWN AS
5 THE "PENNSYLVANIA DEPOSIT INSURANCE CORPORATION ACT," IS
6 REPEALED.
7 SECTION 324. LANGUAGE AFFECTED BY ACT NO. 1978-260.--(A) AS
8 MUCH OF SECTION 761(A)(1)(III) AND (C) OF TITLE 42, ADDED
9 SEPTEMBER 28, 1978 (P.L.788, NO.152), AS READS AS FOLLOWS: "OF
10 ARBITRATION" (TWO OCCASIONS) IS REPEALED.
11 (B) PARAGRAPH (1) AND AS MUCH AS READS AS FOLLOWS: "OF
12 ARBITRATION" (TWO OCCASIONS) OF PARAGRAPH (2) OF SECTION 2(H),
13 ACT OF APRIL 28, 1978 (P.L.202, NO.53), KNOWN AS THE "JUDICIARY
14 ACT REPEALER ACT," ARE REPEALED.
15 SECTION 325. LANGUAGE ADDED BY ACT NO. 1978-274.--AS MUCH AS
16 READS AS FOLLOWS: "THE SUPREME COURT OF" OF SUBSECTION (B)(2)
17 AND AS MUCH AS READS AS FOLLOWS: "OF THE SUPREME COURT" OF THE
18 FIRST SENTENCE OF SUBSECTION (D) OF SECTION 2, AND AS MUCH AS
19 READS AS FOLLOWS: "COMMONWEALTH" OF THE FIRST SENTENCE OF
20 SECTION 3(5), ACT OF NOVEMBER 22, 1978 (P.L.1166, NO.274),
21 REFERRED TO AS THE "PENNSYLVANIA COMMISSION ON CRIME AND
22 DELINQUENCY ACT," IS REPEALED. THE REFERENCES TO "STATE COURT
23 ADMINISTRATOR" AND "JUSTICES OF THE PEACE" IN SECTIONS 4(8) AND
24 5 OF THE ACT SHALL BE DEEMED REFERENCES TO THE COURT
25 ADMINISTRATOR OF PENNSYLVANIA AND DISTRICT JUSTICES,
26 RESPECTIVELY.
27 SECTION 326. LANGUAGE ADDED BY ACT NO. 1978-280.--AS MUCH AS
28 READS AS FOLLOWS: "BY THE COMMONWEALTH COURT" OF THE FIRST
29 SENTENCE OF SECTION 17, ACT OF NOVEMBER 26, 1978 (P.L.1188,
30 NO.280), KNOWN AS THE "LIFE AND HEALTH INSURANCE GUARANTY
19790H1873B3650 - 108 -
1 ASSOCIATION ACT," IS REPEALED.
2 SECTION 327. LANGUAGE AFFECTED BY ACT NO. 1978-296.--AS MUCH
3 AS READS AS FOLLOWS: "IN A SUMMARY PROCEEDING BEFORE ANY
4 DISTRICT JUSTICE, JUSTICE OF THE PEACE, ALDERMAN OR MAGISTRATE
5 IN THE COUNTY, CITY, BOROUGH, TOWN OR TOWNSHIP IN WHICH THE
6 OFFENSE WAS COMMITTED" AND "SUCH COSTS TO BE PAID TO SAID COUNTY
7 AND THE FINE TO BE PAID TO THE SAID CITY, BOROUGH, TOWN OR
8 TOWNSHIP IN WHICH THE OFFENSE WAS COMMITTED" OF THE LAST
9 SENTENCE OF SECTION 13, ACT OF JANUARY 24, 1966 (1965 P.L.1535,
10 NO.537), KNOWN AS THE "PENNSYLVANIA SEWAGE FACILITIES ACT," IS
11 REPEALED.
12 SECTION 328. LANGUAGE ADDED BY ACT NO. 1978-299.--AS MUCH AS
13 READS AS FOLLOWS: "OF COMMON PLEAS OR THE COMMONWEALTH COURT" OF
14 THE LAST SENTENCE OF SECTION 3(A)(3), AS MUCH AS FOLLOWS THE
15 WORD "COURT" WHERE IT OCCURS THE FIRST TIME OF THE THIRD
16 SENTENCE OF SECTION 13, SECOND AND THIRD SENTENCES OF SECTION
17 14, FIRST SENTENCE OF SECTION 15 AND AS MUCH AS READS AS
18 FOLLOWS: ", FILING FEES AND REASONABLE COSTS OF SUIT" OF THE
19 SECOND SENTENCE OF SECTION 18(A), ACT OF NOVEMBER 26, 1978
20 (P.L.1255, NO.299), KNOWN AS THE "UTILITY SERVICE TENANTS RIGHTS
21 ACT," IS REPEALED.
22 SECTION 329. LANGUAGE ADDED BY ACT NO. 1978-314.--AS MUCH AS
23 READS AS FOLLOWS: "THE ACT OF JUNE 4, 1945 (P.L.1388, NO.442),
24 KNOWN AS" OF THE LAST SENTENCE OF SECTION 6(B), ACT OF NOVEMBER
25 26, 1978 (P.L.1300, NO.314), KNOWN AS THE "UNDERGROUND STORAGE
26 ACT," IS REPEALED.
27 SECTION 330. LANGUAGE ADDED BY ACT NO. 1978-319.--SUBSECTION
28 (G) OF 18 PA.C.S. § 1386 (REDESIGNATED AS 42 PA.C.S. § 9781 BY
29 SECTION 401), ADDED BY THE ACT OF NOVEMBER 26, 1978 (P.L.1316,
30 NO.319), IS REPEALED.
19790H1873B3650 - 109 -
1 SECTION 331. LANGUAGE ADDED BY ACT NO. 1978-324.--SECTION
2 110(D) AND THE FIRST SENTENCE OF SECTION 407(C), ACT OF JULY 9,
3 1976 (P.L.817, NO.143), KNOWN AS THE "MENTAL HEALTH PROCEDURES
4 ACT," ARE REPEALED. SECTION 24(A) OF THE ACT OF JULY 9, 1976
5 (P.L.586, NO.142), KNOWN AS THE "JUDICIARY ACT OF 1976," SHALL
6 BE APPLICABLE TO THE REPEAL OF SECTION 110. EXCEPT AS OTHERWISE
7 PRESCRIBED BY GENERAL RULES, THE VENUE OF MATTERS UNDER SECTION
8 407 OF THE ACT SHALL BE IN THE JUDICIAL DISTRICT IN WHICH THE
9 PERSON IS CHARGED OR WAS SENTENCED.
10 SECTION 332. LANGUAGE ADDED BY ACT NO. 1978-325.--SECTION
11 16(C), AS MUCH AS PRECEDES THE WORDS "EXCEPT IN CASES" OF THE
12 SECOND SENTENCE OF SECTION 19(B), AS MUCH AS READS AS FOLLOWS:
13 "COMMONWEALTH COURT OR THE" AND "OF COMMON PLEAS OF THE COUNTY
14 WHERE THE UNLAWFUL CONDUCT OCCURRED OR IS OCCURRING," OF THE
15 SECOND SENTENCE OF SECTION 20(C), AS MUCH AS READS AS FOLLOWS:
16 "WITHOUT REQUIRING THE PAYMENT OF COSTS AS A CONDITION PRECEDENT
17 TO THE ENTRY THEREOF" OF THE LAST SENTENCE OF SECTION 21(B) AND
18 FIRST SENTENCE OF SECTION 23, ACT OF NOVEMBER 26, 1978
19 (P.L.1375, NO.325), KNOWN AS THE "DAM SAFETY AND ENCROACHMENTS
20 ACT," AMENDED OCTOBER 23, 1979 (P.L.204, NO.70), ARE REPEALED.
21 SECTION 24(A) OF THE ACT OF JULY 9, 1976 (P.L.586, NO.142),
22 KNOWN AS THE "JUDICIARY ACT OF 1976," SHALL BE APPLICABLE TO THE
23 REPEAL OF SECTION 21.
24 SECTION 333. LANGUAGE ADDED BY ACT NO. 1978-330.--THE ACT OF
25 NOVEMBER 26, 1978 (P.L.1399, NO.330), KNOWN AS THE "POLITICAL
26 SUBDIVISION TORT CLAIMS ACT," IS REPEALED. ACTIONS UNDER
27 SUBCHAPTER C OF CHAPTER 85 (RELATING TO ACTIONS AGAINST LOCAL
28 PARTIES) OF TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
29 FOR CLAIMS AGAINST A LOCAL AGENCY MAY BE BROUGHT IN AND ONLY IN
30 A COUNTY IN WHICH THE LOCAL AGENCY IS LOCATED OR IN WHICH THE
19790H1873B3650 - 110 -
1 CAUSE OF ACTION AROSE OR WHERE A TRANSACTION OR OCCURRENCE TOOK
2 PLACE OUT OF WHICH THE CAUSE OF ACTION AROSE. NO INTEREST SHALL
3 ACCRUE IN ANY SUCH ACTION PRIOR TO ANY ENTRY OF JUDGMENT. A
4 LOCAL AGENCY MAY INTERVENE IN ANY ACTION BROUGHT AGAINST AN
5 EMPLOYEE THEREOF FOR DAMAGES ON ACCOUNT OF AN INJURY TO A PERSON
6 OR PROPERTY BASED ON CLAIMS ARISING FROM, OR REASONABLY RELATED
7 TO, THE OFFICE OR THE PERFORMANCE OF THE DUTIES OF THE EMPLOYEE.
8 SECTION 334. LANGUAGE ADDED BY ACT NO. 1978-334.--AS MUCH AS
9 READS AS FOLLOWS: "THE ACT OF SEPTEMBER 26, 1951 (P.L.1458,
10 NO.357), KNOWN AS" OF THE LAST SENTENCE OF SECTION 525, ACT OF
11 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
12 CODE OF 1929," IS REPEALED.
13 SECTION 335. LANGUAGE ADDED BY ACT NO.1979-5.--AS MUCH AS
14 READS AS FOLLOWS: "COMMONWEALTH" OF SUBSECTION (A) OF SECTION
15 14, ACT OF APRIL 10, 1979 (P.L.17, NO.5), ENTITLED "AN ACT
16 ESTABLISHING THE PENNSYLVANIA SAVINGS ASSOCIATION INSURANCE
17 CORPORATION AND PROVIDING FOR ITS POWERS AND DUTIES," IS
18 REPEALED.
19 SECTION 336. LANGUAGE ADDED BY ACT NO.1979-48.--AS MUCH AS
20 READS AS FOLLOWS: "TO THE COMMONWEALTH COURT ON THE RECORD MADE
21 BEFORE THE HEARING BOARD" OF SECTION 507, AS MUCH AS READS AS
22 FOLLOWS: "OF COMMON PLEAS OF THE COUNTY IN WHICH THE HEALTH CARE
23 FACILITY IS LOCATED" OF SUBSECTION (B) AND AS MUCH AS READS AS
24 FOLLOWS: "IN THE COMMONWEALTH COURT" OF SUBSECTION (C) OF
25 SECTION 603 AND SECTION 802, ACT OF JULY 19, 1979 (P.L.130,
26 NO.48), KNOWN AS THE "HEALTH CARE FACILITIES ACT," IS REPEALED.
27 SECTION 337. LANGUAGE ADDED BY ACT NO. 1980-48.--THE SECOND
28 SENTENCE OF SECTION 13(B), ACT OF MAY 13, 1980 (NO.48), KNOWN AS
29 THE "BLUFF RECESSION AND SETBACK ACT," IS REPEALED.
30 ARTICLE IV
19790H1873B3650 - 111 -
1 TRANSFER OF CHAPTER 13 OF TITLE 18 TO TITLE 42
2 SECTION 401. TRANSFER OF CHAPTER 13 OF TITLE 18 TO TITLE
3 42.--(A) AS MUCH OF THE TITLE HEADING OF TITLE 18 AS RELATES TO
4 CHAPTER 13, THE CHAPTER HEADING AND SECTION HEADINGS AND
5 SECTIONS 1311(D)(1) AND (E)(5), 1321(B), 1323, 1324,
6 1333(2)(III) AND (IV), 1337 (LAST SENTENCE), 1355(D),
7 1359(B)(2), 1360 (FIRST SENTENCE) AND 1372 (LAST SENTENCE),
8 ADDED OR AMENDED DECEMBER 30, 1974 (P.L.1052, NO.345), AND
9 AMENDED SEPTEMBER 13, 1978 (P.L.756, NO.141) AND NOVEMBER 26,
10 1978 (P.L.1316, NO.319), ARE AMENDED AND SECTION 9702 AND A
11 SUBCHAPTER HEADING ARE ADDED TO READ:
12 TITLE [18] 42
13 [CRIMES AND OFFENSES]
14 JUDICIARY AND JUDICIAL PROCEDURE
15 CHAPTER [13] 97
16 [AUTHORITY OF COURT IN]
17 SENTENCING
18 § [1301] 9701. SHORT TITLE OF CHAPTER.
19 * * *
20 § 9702. DEFINITIONS.
21 AS USED IN THIS CHAPTER "COURT" AND "JUDGE" INCLUDE (WHEN
22 EXERCISING CRIMINAL OR QUASI-CRIMINAL JURISDICTION PURSUANT TO
23 SECTION 1515 (RELATING TO JURISDICTION AND VENUE)) A DISTRICT
24 JUSTICE.
25 § [1311] 9711. SENTENCING PROCEDURE FOR MURDER OF THE FIRST
26 DEGREE.
27 * * *
28 (D) AGGRAVATING CIRCUMSTANCES.--AGGRAVATING CIRCUMSTANCES
29 SHALL BE LIMITED TO THE FOLLOWING:
30 (1) THE VICTIM WAS A FIREMAN, PEACE OFFICER OR PUBLIC
19790H1873B3650 - 112 -
1 SERVANT CONCERNED IN OFFICIAL DETENTION AS DEFINED IN
2 [SECTION 5121] 18 PA.C.S. § 5121 (RELATING TO ESCAPE), WHO
3 WAS KILLED IN THE PERFORMANCE OF HIS DUTIES.
4 * * *
5 (E) MITIGATING CIRCUMSTANCES.--MITIGATING CIRCUMSTANCES
6 SHALL INCLUDE THE FOLLOWING:
7 * * *
8 (5) THE DEFENDANT ACTED UNDER EXTREME DURESS, ALTHOUGH
9 NOT SUCH DURESS AS TO CONSTITUTE A DEFENSE TO PROSECUTION
10 UNDER [SECTION 309] 18 PA.C.S. § 309 (RELATING TO DURESS), OR
11 ACTED UNDER THE SUBSTANTIAL DOMINATION OF ANOTHER PERSON.
12 * * *
13 § [1312] 9712. ALL OTHER CASES.
14 * * *
15 § [1321] 9721. SENTENCING GENERALLY.
16 * * *
17 (B) GENERAL STANDARDS.--IN SELECTING FROM THE ALTERNATIVES
18 SET FORTH IN SUBSECTION (A) THE COURT SHALL FOLLOW THE GENERAL
19 PRINCIPLE THAT THE SENTENCE IMPOSED SHOULD CALL FOR CONFINEMENT
20 THAT IS CONSISTENT WITH THE PROTECTION OF THE PUBLIC, THE
21 GRAVITY OF THE OFFENSE AS IT RELATES TO THE IMPACT ON THE LIFE
22 OF THE VICTIM AND ON THE COMMUNITY, AND THE REHABILITATIVE NEEDS
23 OF THE DEFENDANT. THE COURT SHALL ALSO CONSIDER ANY GUIDELINES
24 FOR SENTENCING ADOPTED BY THE PENNSYLVANIA COMMISSION ON
25 SENTENCING AND TAKING EFFECT PURSUANT TO SECTION [1385] 2155
26 (RELATING TO PUBLICATION OF GUIDELINES FOR SENTENCING). IN EVERY
27 CASE IN WHICH THE COURT IMPOSES A SENTENCE FOR A FELONY OR
28 MISDEMEANOR, THE COURT SHALL MAKE AS A PART OF THE RECORD, AND
29 DISCLOSE IN OPEN COURT AT THE TIME OF SENTENCING, A STATEMENT OF
30 THE REASON OR REASONS FOR THE SENTENCE IMPOSED. IN EVERY CASE
19790H1873B3650 - 113 -
1 WHERE THE COURT IMPOSES A SENTENCE OUTSIDE THE SENTENCING
2 GUIDELINES ADOPTED BY THE PENNSYLVANIA COMMISSION ON SENTENCING
3 PURSUANT TO SECTION [1384] 2154 (RELATING TO ADOPTION OF
4 GUIDELINES FOR SENTENCING) AND MADE EFFECTIVE PURSUANT TO
5 SECTION [1385] 2155, THE COURT SHALL PROVIDE A CONTEMPORANEOUS
6 WRITTEN STATEMENT OF THE REASON OR REASONS FOR THE DEVIATION
7 FROM THE GUIDELINES. FAILURE TO COMPLY SHALL BE GROUNDS FOR
8 VACATING THE SENTENCE AND RESENTENCING THE DEFENDANT.
9 * * *
10 § [1322] 9722. ORDER OF PROBATION.
11 * * *
12 § [1323] 9723. DETERMINATION OF GUILT WITHOUT FURTHER PENALTY.
13 IF IN THE LIGHT OF ALL THE CIRCUMSTANCES, PROBATION WOULD BE
14 APPROPRIATE UNDER SECTION [1322 OF THIS TITLE] 9722 (RELATING TO
15 ORDER OF PROBATION), BUT IT APPEARS THAT PROBATION IS
16 UNNECESSARY, THE COURT MAY IMPOSE A SENTENCE OF GUILTY WITHOUT
17 FURTHER PENALTY.
18 § [1324] 9724. PARTIAL CONFINEMENT.
19 IF IN THE LIGHT OF ALL THE CIRCUMSTANCES, AND WHEN FACILITIES
20 ARE AVAILABLE, PROBATION WOULD BE INAPPROPRIATE, BUT IT FURTHER
21 APPEARS THAT A SENTENCE OF TOTAL CONFINEMENT WOULD NOT BE
22 REQUIRED IN ACCORDANCE WITH THE CRITERIA ESTABLISHED IN SECTION
23 [1325 OF THIS TITLE] 9725 (RELATING TO TOTAL CONFINEMENT), THE
24 COURT MAY IMPOSE A SENTENCE INVOLVING PARTIAL CONFINEMENT.
25 § [1325] 9725. TOTAL CONFINEMENT.
26 * * *
27 § [1326] 9726. FINE.
28 * * *
29 § [1331] 9731. REQUIREMENT FOR PRESENTENCE INVESTIGATION
30 AND REPORT.
19790H1873B3650 - 114 -
1 * * *
2 § [1332] 9732. CONTENTS OF PRESENTENCE REPORT.
3 * * *
4 § [1333] 9733. GENERAL PRINCIPLES OF DISCLOSURE OF
5 PRESENTENCE REPORT.
6 THE PRESENTENCE REPORT SHALL NOT BE A PUBLIC RECORD. IT SHALL
7 BE AVAILABLE ONLY TO THE FOLLOWING PERSONS OR AGENCIES UNDER THE
8 CONDITIONS STATED:
9 * * *
10 (2) THE REPORT SHALL BE AVAILABLE ON COURT ORDER TO
11 PERSONS OR AGENCIES HAVING A LEGITIMATE PROFESSIONAL INTEREST
12 IN THE INFORMATION LIKELY TO BE CONTAINED IN THE REPORT, AS,
13 FOR EXAMPLE:
14 * * *
15 (III) A CORRECTIONAL INSTITUTION EXCEPT THAT NO
16 COURT ORDER IS NECESSARY UNDER SECTION [1359(C) OF THIS
17 TITLE] 9759(C) (RELATING TO DOCUMENTS TRANSMITTED TO
18 PRISON AND PAROLE AUTHORITIES).
19 (IV) A DEPARTMENT OF PROBATION OR PAROLE EXCEPT THAT
20 NO COURT ORDER IS NECESSARY UNDER SECTION [1359(C) OF
21 THIS TITLE (RELATING TO DOCUMENTS TRANSMITTED TO PRISON
22 AND PAROLE AUTHORITIES)] 9759(C).
23 * * *
24 § [1334] 9734. DISCLOSURE OF PRESENTENCE REPORT TO THE
25 PARTIES.
26 * * *
27 § [1335] 9735. OBJECTIONS TO CONTENTS OF PRESENTENCE REPORT.
28 * * *
29 § [1336] 9736. REPORT OF PSYCHIATRIC EVALUATION.
30 * * *
19790H1873B3650 - 115 -
1 § [1337] 9737. REPORT OF OUTSTANDING CHARGES AND SENTENCES.
2 * * * THE COURT SHALL ALSO BE INFORMED IF THE DEFENDANT IS
3 THEN SERVING ANY TERM OF IMPRISONMENT, OR IS ON PROBATION OR
4 PAROLE WITH REFERENCE TO ANY SUCH CHARGES, OR IS ENTITLED TO
5 CREDIT FOR ANY TIME IN ACCORDANCE WITH SECTION [1360 OF THIS
6 TITLE] 9760 (RELATING TO CREDIT FOR TIME SERVED).
7 § [1351] 9751. SENTENCING JUDGE.
8 * * *
9 § [1352] 9752. SENTENCING PROCEEDING GENERALLY.
10 * * *
11 § [1353] 9753. DETERMINATION OF GUILT WITHOUT FURTHER PENALTY.
12 * * *
13 § [1354] 9754. ORDER OF PROBATION.
14 * * *
15 § [1355] 9755. SENTENCE OF PARTIAL CONFINEMENT.
16 * * *
17 (D) CONDITIONS TO RELEASE.--THE COURT MAY IN ADDITION
18 INCLUDE IN ITS ORDER SUCH OF THE CONDITIONS AS ARE ENUMERATED IN
19 SECTION [1354 OF THIS TITLE] 9754 (RELATING TO ORDER OF
20 PROBATION) AS MAY BE REASONABLY RELATED TO THE SENTENCE.
21 * * *
22 § [1356] 9756. SENTENCE OF TOTAL CONFINEMENT.
23 * * *
24 § [1357] 9757. CONSECUTIVE SENTENCES OF TOTAL CONFINEMENT FOR
25 MULTIPLE OFFENSES.
26 * * *
27 § [1358] 9758. FINE.
28 * * *
29 § [1359] 9759. RECORD.
30 * * *
19790H1873B3650 - 116 -
1 (B) CONTENTS.--THE RECORD SHALL INCLUDE:
2 * * *
3 (2) A COPY OF THE PRESENTENCE REPORT AND A COPY OF ANY
4 OTHER REPORT OR DOCUMENT AVAILABLE TO THE SENTENCING COURT AS
5 AN AID IN IMPOSING SENTENCE, SUBJECT TO SUCH LIMITATIONS AS
6 THE COURT MAY HAVE IMPOSED UNDER SECTION [1334(B) OF THIS
7 TITLE] 9734(B) (RELATING TO RESTRICTIONS ON DISCLOSURE).
8 * * *
9 § [1360] 9760. CREDIT FOR TIME SERVED.
10 AFTER REVIEWING THE INFORMATION SUBMITTED UNDER SECTION [1337
11 OF THIS TITLE] 9737 (RELATING TO REPORT OF OUTSTANDING CHARGES
12 AND SENTENCES) THE COURT SHALL GIVE CREDIT AS FOLLOWS:
13 * * *
14 § [1361] 9761. COMPUTATION AND ORDER OF SERVICE OF SENTENCES.
15 * * *
16 § [1362] 9762. SENTENCING PROCEEDING; PLACE OF CONFINEMENT.
17 * * *
18 § [1371] 9771. MODIFICATION OR REVOCATION OF ORDER OF
19 PROBATION.
20 * * *
21 § [1372] 9772. FAILURE TO PAY FINE.
22 * * * IF AN ALTERNATIVE SENTENCE HAS BEEN IMPOSED UNDER
23 SECTION [1358(C) OF THIS TITLE] 9758(C) (RELATING TO ALTERNATIVE
24 SENTENCE), THE ALTERNATIVE SENTENCE MAY NOT TAKE EFFECT UNTIL
25 THERE HAS BEEN A PRELIMINARY FINDING OF NON-INDIGENCY, AND A
26 WILLFUL FAILURE TO PAY THE FINE.
27 SUBCHAPTER G
28 APPELLATE REVIEW OF SENTENCE
29 § [1386] 9781. APPELLATE REVIEW OF SENTENCE.
30 * * *
19790H1873B3650 - 117 -
1 (B) IN PRINTING THE LAWS OF PENNSYLVANIA FOR THE 1979-1980
2 SESSIONS OF THE GENERAL ASSEMBLY AND THE PENNSYLVANIA
3 CONSOLIDATED STATUTES THE LEGISLATIVE REFERENCE BUREAU SHALL
4 CHANGE ANY REFERENCE OR CITATION TO THE SENTENCING CODE TO
5 CONFORM TO THE CHANGE IN TITLE AND CHAPTER NUMBER EFFECTED BY
6 SUBSECTION (A).
7 SECTION 402. CONFORMING AMENDMENTS TO TITLES 42 AND 75.--(A)
8 SECTION 724(A) OF TITLE 42, ADDED JULY 9, 1976 (P.L.586,
9 NO.142), IS AMENDED TO READ:
10 § 724. ALLOWANCE OF APPEALS FROM SUPERIOR AND COMMONWEALTH
11 COURTS.
12 (A) GENERAL RULE.--[FINAL] EXCEPT AS PROVIDED BY SECTION
13 9781(F) (RELATING TO LIMITATION ON ADDITIONAL APPELLATE REVIEW),
14 FINAL ORDERS OF THE SUPERIOR COURT AND FINAL ORDERS OF THE
15 COMMONWEALTH COURT NOT APPEALABLE UNDER SECTION 723 (RELATING TO
16 APPEALS FROM COMMONWEALTH COURT) MAY BE REVIEWED BY THE SUPREME
17 COURT UPON ALLOWANCE OF APPEAL BY ANY TWO JUSTICES OF THE
18 SUPREME COURT UPON PETITION OF ANY PARTY TO THE MATTER. IF THE
19 PETITION SHALL BE GRANTED, THE SUPREME COURT SHALL HAVE
20 JURISDICTION TO REVIEW THE ORDER IN THE MANNER PROVIDED BY
21 SECTION 5105(D)(1) (RELATING TO SCOPE OF APPEAL).
22 * * *
23 (B) SECTION 6504(A) OF TITLE 75, AMENDED APRIL 28, 1978
24 (P.L.202, NO.53), IS AMENDED TO READ:
25 § 6504. INABILITY TO PAY FINE AND COSTS.
26 (A) ORDER FOR INSTALLMENT PAYMENTS.--UPON PLEA AND PROOF
27 THAT A PERSON IS UNABLE TO PAY ANY FINE AND COSTS IMPOSED UNDER
28 THIS TITLE, A COURT MAY, IN ACCORDANCE WITH [18 PA.C.S. § 1358]
29 42 PA.C.S. § 9758 (RELATING TO FINE), ORDER PAYMENT OF THE FINE
30 AND COSTS IN INSTALLMENTS AND SHALL FIX THE AMOUNTS, TIMES AND
19790H1873B3650 - 118 -
1 MANNER OF PAYMENT.
2 * * *
3 ARTICLE V
4 MISCELLANEOUS AMENDMENTS TO TITLE 42
5 SECTION 501. MISCELLANEOUS AMENDMENTS TO TITLE 42.--(A) THE
6 DEFINITIONS OF "SENIOR JUDGE" AND "SYSTEM AND RELATED PERSONNEL"
7 IN SECTION 102, SECTIONS 2704, 3154(C), 3501, 4121(B), 4302,
8 4303, 4305, 5105(C) AND (D), 5501(A), 5525(2), 5535(C), 5553,
9 5571(B), (C)(5) AND (6) AND (D), 5742(A), 5903(A), 5905 AND
10 5919, THE HEADING OF SECTION 5974, SECTIONS 6143 AND 6504, THE
11 DEFINITION OF "COMPLAINT" IN SECTION 6702, SECTIONS 6707(A) AND
12 6710, CHAPTER 73 AND SECTIONS 7341, 7538 AND 8102 OF TITLE 42
13 ARE AMENDED OR ADDED TO READ:
14 § 102. DEFINITIONS.
15 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
16 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
17 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
18 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
19 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
20 * * *
21 "SENIOR JUDGE." A FORMER OR RETIRED JUDGE WHO SHALL NOT HAVE
22 BEEN DEFEATED FOR REELECTION AND SHALL HAVE SERVED AS A JUDGE
23 (WHETHER OR NOT CONTINUOUSLY OR ON THE SAME COURT) BY ELECTION
24 OR APPOINTMENT FOR AN AGGREGATE OF AT LEAST TEN YEARS AND ANY
25 DULY ELECTED JUDGE HAVING AN AGGREGATE OF SIX YEARS OF SERVICE
26 AS A JUDGE WHO IS REQUIRED TO RETIRE AT AGE 70 AND WHO, WITH HIS
27 CONSENT, IS ASSIGNED ON TEMPORARY JUDICIAL SERVICE PURSUANT TO
28 SECTION 4121(B) (RELATING TO ASSIGNMENT OF JUDGES).
29 * * *
30 "SYSTEM AND RELATED PERSONNEL." PERSONNEL OF THE SYSTEM AND
19790H1873B3650 - 119 -
1 RELATED STAFF. THE TERM INCLUDES DISTRICT ATTORNEYS, PUBLIC
2 DEFENDERS, SHERIFFS AND OTHER OFFICERS SERVING PROCESS OR
3 ENFORCING ORDERS, REGISTERS OF WILLS, PROTHONOTARIES, CLERKS OF
4 THE COURTS, CLERKS OF THE ORPHANS' COURT DIVISION, CORONERS,
5 JURY COMMISSIONERS, [PRISON AND CORRECTIONAL] PROBATION
6 OFFICIALS, AND THE PERSONNEL OF ALL OF THE FOREGOING.
7 * * *
8 § 2704. RESPONSIBILITY FOR ENTRY, MAINTENANCE AND CERTIFICATION
9 OF DATA AND CERTIFICATION OF AMICABLE JUDGMENTS.
10 THE PROTHONOTARY, CLERK OF THE COURTS AND CLERK OF THE
11 ORPHANS' COURT DIVISION SHALL [BE]:
12 (1) BE RESPONSIBLE FOR THE ACCURATE AND TIMELY CREATION,
13 MAINTENANCE AND CERTIFICATION OF THE RECORD OF MATTERS
14 PENDING BEFORE OR DETERMINED BY THE COURTS OF COMMON PLEAS
15 AND THE PHILADELPHIA MUNICIPAL COURT, INCLUDING DATA AND
16 REPORTS RELATING THERETO.
17 (2) WITHIN 30 DAYS AFTER THE ENTRY OF ANY MONEY
18 JUDGMENT, OTHER THAN UPON A VERDICT OR AFTER DECISION BY A
19 COURT, DELIVER TO THE AUTHORITIES WHO ASSESS FOR COUNTY TAX
20 PURPOSES IN THE COUNTY WHERE THE JUDGMENT WAS ENTERED A
21 WRITTEN REPORT OF THE DOCKET NUMBER WHERE THE JUDGMENT WAS
22 ENTERED, THE DATE THE JUDGMENT WAS ENTERED, THE AMOUNT OF THE
23 JUDGMENT, THE NAMES OF ALL PARTIES TO THE PROCEEDING IN WHICH
24 THE JUDGMENT WAS ENTERED, THE ADDRESSES OF THE PERSONS IN
25 FAVOR OF WHOM THE JUDGMENT WAS ENTERED AND THE NAMES AND
26 ADDRESSES OF ALL ASSIGNEES OF THE JUDGMENT. FAILURE TO
27 PERFORM THE DUTIES IMPOSED BY THIS PARAGRAPH SHALL NOT IMPAIR
28 THE VALIDITY OF ANY JUDGMENT OR THE LIEN THEREOF.
29 § 3154. COMPENSATION OF JUDICIAL OFFICERS.
30 * * *
19790H1873B3650 - 120 -
1 (C) SENIOR JUDGES.--THE COMPENSATION OF A SENIOR JUDGE
2 ASSIGNED PURSUANT TO SECTION 4121 (RELATING TO ASSIGNMENT OF
3 JUDGES) SHALL BE $125 PER DAY. IN ANY CALENDAR YEAR THE AMOUNT
4 OF COMPENSATION WHICH A SENIOR JUDGE SHALL BE PERMITTED TO EARN
5 AS A SENIOR JUDGE SHALL NOT, WHEN ADDED TO RETIREMENT INCOME
6 PAID BY THE COMMONWEALTH TO SUCH SENIOR JUDGE, EXCEED THE
7 COMPENSATION PAYABLE BY THE COMMONWEALTH TO A JUDGE THEN IN
8 REGULAR ACTIVE SERVICE ON THE COURT FROM WHICH SUCH SENIOR JUDGE
9 RETIRED. A SENIOR JUDGE WHO SO ELECTS MAY SERVE WITHOUT BEING
10 PAID ALL OR ANY PORTION OF THE COMPENSATION PROVIDED BY THIS
11 SUBSECTION.
12 § 3501. DEFINITIONS.
13 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
14 PROVISIONS OF THIS PART WHICH ARE APPLICABLE TO SPECIFIC
15 PROVISIONS OF THIS PART, THE FOLLOWING WORDS AND PHRASES WHEN
16 USED IN THIS PART SHALL HAVE, UNLESS THE CONTEXT CLEARLY
17 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
18 "APPROPRIATED THROUGH THE BUDGET OF THE JUDICIAL DEPARTMENT
19 TO A POLITICAL SUBDIVISION." AN APPROPRIATION THROUGH THE
20 BUDGET OF THE JUDICIAL DEPARTMENT DIRECT FROM THE GENERAL FUND
21 TO THE TREASURY OF A POLITICAL SUBDIVISION UNDER CIRCUMSTANCES
22 WHERE[, EXCEPT AS PROVIDED BY SECTION 3726 (RELATING TO MANNER
23 OF EXPENDITURE OF LOCAL FUNDS),] THE MANNER OF THE EXPENDITURE
24 OF THE APPROPRIATION IS WITHIN THE CONTROL OF OFFICERS OF THE

Historical Act text part 3

25 POLITICAL SUBDIVISION [AND THE JUDGES OF THE COURTS ESTABLISHED
26 FOR OR EMBRACING SUCH POLITICAL SUBDIVISION].
27 "APPROPRIATED TO THE UNIFIED JUDICIAL SYSTEM." AN
28 APPROPRIATION TO THE JUDICIAL DEPARTMENT OTHER THAN ONE
29 APPROPRIATED THROUGH THE BUDGET OF THE JUDICIAL DEPARTMENT TO A
30 POLITICAL SUBDIVISION.
19790H1873B3650 - 121 -
1 "BUDGET RESPONDENT." THE COURTS, DISTRICT JUSTICES, OTHER
2 AGENCIES OR UNITS OF THE UNIFIED JUDICIAL SYSTEM, THE DIRECTOR
3 OF FINANCE OF THE CITY OF PHILADELPHIA, THE COUNTY CONTROLLERS
4 OR COUNTY AUDITORS OF OTHER COUNTIES OF THIS COMMONWEALTH, THE
5 TREASURER OF THE CITY OF PITTSBURGH, AND ANY OTHER GOVERNMENT
6 UNIT FROM WHICH THE ADMINISTRATIVE OFFICE IS AUTHORIZED TO
7 OBTAIN INFORMATION RELATING TO THE BUDGET OF THE JUDICIAL
8 DEPARTMENT.
9 "JUDICIAL AND RELATED FUNCTIONS." ALL FUNCTIONS RELATING TO
10 THE ORGANIZATION AND OPERATION OF COURTS AND DISTRICT JUSTICES
11 AND ALL OFFICES OF SYSTEM AND RELATED PERSONNEL. THE TERM DOES
12 NOT INCLUDE ANY FUNCTION RELATING TO THE DETECTION OF CRIME, THE
13 APPREHENSION OF PERSONS SUSPECTED OF CRIMINAL CONDUCT (EXCEPT IN
14 CONNECTION WITH THE ENFORCEMENT OF BENCH WARRANTS, INJUNCTIONS
15 OR OTHER JUDICIAL ORDERS IN SPECIFIC MATTERS), THE MAINTENANCE
16 OF PUBLIC PEACE OR OTHER POLICE FUNCTIONS OR PENAL AND
17 CORRECTIONAL FUNCTIONS.
18 § 4121. ASSIGNMENT OF JUDGES.
19 * * *
20 (B) SENIOR JUDGES.--[(RESERVED).] A SENIOR JUDGE MAY, WITH
21 HIS CONSENT, BE ASSIGNED ON TEMPORARY JUDICIAL SERVICE PURSUANT
22 TO SUBSECTION (A).
23 * * *
24 § 4302. EFFECT OF RECORDS AS NOTICE.
25 (A) REAL PROPERTY.--EXCEPT AS OTHERWISE PROVIDED BY STATUTE
26 OR PRESCRIBED BY GENERAL RULE ADOPTED PURSUANT TO SECTION
27 1722(B) (RELATING TO ENFORCEMENT AND EFFECT OF ORDERS AND
28 PROCESS), EVERY DOCUMENT AFFECTING TITLE TO OR ANY OTHER
29 INTEREST IN REAL PROPERTY [SITUATED IN ANY COUNTY] WHICH IS
30 FILED AND INDEXED IN THE OFFICE OF THE CLERK OF THE COURT OF
19790H1873B3650 - 122 -
1 COMMON PLEAS OF THE COUNTY WHERE THE REAL PROPERTY IS SITUATED,
2 OR IN THE OFFICE OF THE CLERK OF THE BRANCH OF THE COURT OF
3 COMMON PLEAS EMBRACING SUCH COUNTY IN THE MANNER REQUIRED BY THE
4 LAWS, PROCEDURES OR STANDARDS IN EFFECT AT THE DATE OF SUCH
5 FILING SHALL BE CONSTRUCTIVE NOTICE TO ALL PERSONS OF THE FILING
6 AND FULL CONTENTS OF SUCH DOCUMENT.
7 (B) [OTHER DOCUMENTS] DOCUMENTS RELATING TO PENDING
8 MATTERS.--DOCUMENTS RELATING TO THE PENDENCY OF A MATTER BEFORE
9 ANY COURT FILED IN THE OFFICE OF THE CLERK OF ANY COURT OR OTHER
10 OFFICE WITHIN OR RELATED TO AND SERVING THE UNIFIED JUDICIAL
11 SYSTEM SHALL BE CONSTRUCTIVE NOTICE TO SUCH PERSONS, OF SUCH
12 INFORMATION AND FOR SUCH DURATION AS MAY BE PROVIDED BY STATUTE
13 OR PRESCRIBED BY GENERAL RULE ADOPTED PURSUANT TO SECTION 4301
14 (RELATING TO ESTABLISHMENT AND MAINTENANCE OF JUDICIAL RECORDS).
15 (C) FOREIGN LANGUAGE DOCUMENTS.--A WRITING NOT IN THE
16 ENGLISH LANGUAGE SHALL NOT CONSTITUTE NOTICE TO ANY PERSON
17 UNLESS THERE IS ATTACHED TO IT AND FILED WITH IT A TRANSLATION
18 INTO THE ENGLISH LANGUAGE VERIFIED TO BE CORRECT.
19 § 4303. EFFECT OF [JUDGMENT AS LIEN] JUDGMENTS AND ORDERS AS
20 LIENS.
21 (A) [GENERAL RULE] REAL PROPERTY.--ANY JUDGMENT OR OTHER
22 ORDER OF A COURT OF COMMON PLEAS FOR THE PAYMENT OF MONEY SHALL
23 BE A LIEN UPON REAL PROPERTY [SITUATED IN A COUNTY] ON THE
24 CONDITIONS, TO THE EXTENT AND WITH THE PRIORITY PROVIDED [OR
25 PRESCRIBED] BY STATUTE OR PRESCRIBED BY GENERAL RULE ADOPTED
26 PURSUANT TO SECTION 1722(B) (RELATING TO ENFORCEMENT AND EFFECT
27 OF ORDERS AND PROCESS) WHEN IT IS ENTERED OF RECORD AND INDEXED
28 IN THE OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS OF THE
29 COUNTY WHERE THE REAL PROPERTY IS SITUATED, OR IN THE OFFICE OF
30 THE CLERK OF THE BRANCH OF THE COURT OF COMMON PLEAS EMBRACING
19790H1873B3650 - 123 -
1 SUCH COUNTY.
2 (B) ORDER OF COURT AS LIEN.--ANY OTHER ORDER OF A COURT OF
3 COMMON PLEAS SHALL BE A LIEN UPON REAL AND PERSONAL PROPERTY
4 SITUATED WITHIN ANY COUNTY EMBRACED WITHIN THE JUDICIAL DISTRICT
5 ON THE CONDITIONS, TO THE EXTENT AND WITH THE PRIORITY PROVIDED
6 [OR PRESCRIBED] BY STATUTE OR PRESCRIBED BY GENERAL RULE ADOPTED
7 PURSUANT TO SECTION 1722(B).
8 [(B)] (C) TRANSFER OF DOMESTIC JUDGMENTS AND ORDERS.--AN
9 ORDER OF ANY COURT OF THIS COMMONWEALTH WHICH IS A LIEN ON REAL
10 OR PERSONAL PROPERTY SITUATED WITHIN ANY COUNTY OF THIS
11 COMMONWEALTH PURSUANT TO SUBSECTION (A) OR (B) SHALL BE A LIEN
12 UPON REAL OR PERSONAL PROPERTY SITUATED WITHIN ANY OTHER COUNTY
13 TO THE SAME EXTENT AS IF RESULTING FROM AN ORDER OF THE COURT OF
14 COMMON PLEAS OF SUCH OTHER COUNTY UPON COMPLIANCE WITH SUCH
15 TRANSFER AND FILING PROCEDURES AS MAY BE PRESCRIBED BY GENERAL
16 RULE.
17 § 4305. FEDERAL JUDGMENTS AS LIENS.
18 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B),
19 EVERY JUDGMENT OF A UNITED STATES COURT WITHIN THIS COMMONWEALTH
20 SHALL, AS PROVIDED BY 28 UNITED STATES CODE § 1962 (RELATING TO
21 LIEN) OR OTHERWISE, BE A LIEN ON PROPERTY LOCATED WITHIN THIS
22 COMMONWEALTH IN THE SAME MANNER, TO THE SAME EXTENT AND UNDER
23 THE SAME CONDITIONS AS A JUDGMENT OF A COURT OF COMMON PLEAS OF
24 THIS COMMONWEALTH AND SHALL CEASE TO BE A LIEN IN THE SAME
25 MANNER AND TIME.
26 (B) FILING REQUIREMENT.--THE CERTIFIED TRANSCRIPT OF THE
27 JUDGMENT OF THE UNITED STATES COURT SHALL BE FILED IN THE OFFICE
28 OF THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY WHERE
29 THE PROPERTY IS LOCATED UNLESS THE JUDGMENT WAS RENDERED BY SUCH
30 UNITED STATES COURT WITHIN THE COUNTY WHERE THE PROPERTY IS
19790H1873B3650 - 124 -
1 LOCATED.
2 (C) AUTHORIZATION FOR FILING OF FEDERAL JUDGMENTS ENTERED IN
3 OTHER COUNTIES.--ANY JUDGMENT OF A UNITED STATES COURT WITHIN
4 THIS COMMONWEALTH MAY BE REGISTERED, RECORDED, FILED, DOCKETED,
5 INDEXED OR OTHERWISE CONFORMED TO THE RULES AND REQUIREMENTS
6 RELATING TO JUDGMENTS OF THE COURTS OF COMMON PLEAS.
7 § 5105. RIGHT TO APPELLATE REVIEW.
8 * * *
9 (C) INTERLOCUTORY APPEALS.--THERE SHALL BE A RIGHT OF APPEAL
10 FROM SUCH INTERLOCUTORY ORDERS OF TRIBUNALS AND OTHER GOVERNMENT
11 UNITS AS MAY BE SPECIFIED BY LAW. THE GOVERNING AUTHORITY SHALL
12 BE RESPONSIBLE FOR A CONTINUOUS REVIEW OF THE OPERATION OF
13 SECTION 702(B) (RELATING TO INTERLOCUTORY APPEALS BY PERMISSION)
14 AND SHALL FROM TIME TO TIME ESTABLISH BY GENERAL RULE RIGHTS TO
15 APPEAL FROM SUCH CLASSES OF INTERLOCUTORY ORDERS, IF ANY, FROM
16 WHICH APPEALS ARE REGULARLY [ALLOWED] PERMITTED PURSUANT TO
17 SECTION 702(B).
18 (D) SCOPE OF APPEAL.--
19 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION AN
20 APPEAL UNDER THIS SECTION SHALL EXTEND TO THE WHOLE RECORD,
21 WITH LIKE EFFECT AS UPON AN APPEAL FROM A JUDGMENT ENTERED
22 UPON THE VERDICT OF A JURY IN AN ACTION AT LAW AND THE SCOPE
23 OF REVIEW OF THE ORDER SHALL NOT BE LIMITED AS ON BROAD OR
24 NARROW CERTIORARI.
25 (2) AN ORDER WHICH IS APPEALABLE BY REASON OF SUBSECTION
26 (A)(2), BUT WHICH WOULD NOT BE APPEALABLE UNDER CHAPTER 7 OF
27 TITLE 2 OR UNDER ANY OTHER CORRESPONDING PROVISION OF LAW,
28 SHALL NOT BE REVERSED OR MODIFIED ON APPEAL UNLESS THE
29 APPELLANT WOULD BE ENTITLED TO EQUIVALENT RELIEF UPON AN
30 ACTION IN THE NATURE OF EQUITY, REPLEVIN, MANDAMUS OR QUO
19790H1873B3650 - 125 -
1 WARRANTO OR [UPON A PETITION] FOR DECLARATORY JUDGMENT OR FOR
2 A WRIT OF CERTIORARI OR PROHIBITION OR OTHERWISE OBJECTING TO
3 SUCH ORDER.
4 (3) NOTHING IN THIS SUBSECTION SHALL SUPERSEDE ANY
5 GENERAL RULE OR RULE OF COURT OR ANY UNSUSPENDED STATUTE
6 AUTHORIZING OR REQUIRING AN APPELLATE COURT TO RECEIVE
7 ADDITIONAL EVIDENCE OR TO HEAR THE APPEAL DE NOVO.
8 (4) EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULE, AN
9 APPEAL FROM A FINAL ORDER OF THE MINOR JUDICIARY SHALL BE DE
10 NOVO UNDER PROCEDURES ESTABLISHED BY GENERAL RULE.
11 * * *
12 § 5501. SCOPE OF CHAPTER.
13 (A) GENERAL RULE.--AN ACTION, PROCEEDING OR APPEAL MUST BE
14 COMMENCED WITHIN THE TIME SPECIFIED IN OR PURSUANT TO THIS
15 CHAPTER UNLESS IN THE CASE OF AN ACTION OR PROCEEDING A
16 DIFFERENT TIME IS [PRESCRIBED] PROVIDED BY THIS TITLE OR ANOTHER
17 STATUTE OR, IN THE CASE OF A CIVIL ACTION OR PROCEEDING, A
18 SHORTER TIME WHICH IS NOT MANIFESTLY UNREASONABLE IS PRESCRIBED
19 BY WRITTEN AGREEMENT.
20 * * *
21 § 5525. FOUR YEAR LIMITATION.
22 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
23 WITHIN FOUR YEARS:
24 * * *
25 (2) ANY ACTION SUBJECT TO [SECTION 2-725] 13 PA.C.S.
26 SECTION 2725 (RELATING TO STATUTE OF LIMITATIONS IN CONTRACTS
27 FOR SALE) [OF THE ACT OF APRIL 6, 1953 (P.L.3, NO.1), KNOWN
28 AS THE "UNIFORM COMMERCIAL CODE."].
29 * * *
30 § 5535. EFFECT OF OTHER ACTIONS AND PROCEEDINGS.
19790H1873B3650 - 126 -
1 * * *
2 (C) ARBITRATION.--WHERE IT SHALL HAVE BEEN FINALLY
3 DETERMINED BY A COURT THAT A PARTY IS NOT OBLIGATED TO SUBMIT A
4 CLAIM TO ARBITRATION, THE TIME WHICH ELAPSED BETWEEN THE DEMAND
5 FOR ARBITRATION AND THE FINAL DETERMINATION BY A COURT THAT
6 THERE IS NO OBLIGATION TO ARBITRATE IS NOT A PART OF THE TIME
7 WITHIN WHICH A CIVIL ACTION OR PROCEEDING UPON SUCH CLAIM MUST
8 BE COMMENCED. THE TIME WITHIN WHICH THE ACTION OR PROCEEDING
9 MUST BE COMMENCED SHALL NOT BE EXTENDED BY THIS SUBSECTION
10 BEYOND ONE YEAR AFTER SUCH FINAL DETERMINATION BY A COURT.
11 § 5553. SUMMARY OFFENSES INVOLVING VEHICLES.
12 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B) OR
13 (C), PROCEEDINGS FOR SUMMARY OFFENSES UNDER TITLE 75 (RELATING
14 TO VEHICLES) [SHALL] MUST BE [INSTITUTED] COMMENCED WITHIN 30
15 DAYS AFTER THE COMMISSION OF THE ALLEGED OFFENSE OR WITHIN 30
16 DAYS AFTER THE DISCOVERY OF THE COMMISSION OF THE OFFENSE OR THE
17 IDENTITY OF THE OFFENDER, WHICHEVER IS LATER, AND NOT
18 THEREAFTER.
19 (B) MINOR OFFENSES.--EXCEPT AS PROVIDED IN SUBSECTION (C),
20 PROCEEDINGS FOR SUMMARY OFFENSES UNDER THE FOLLOWING PROVISIONS
21 OF TITLE 75 [SHALL] MUST BE [INSTITUTED] COMMENCED WITHIN 15
22 DAYS AFTER THE COMMISSION OF THE ALLEGED OFFENSE OR WITHIN 15
23 DAYS AFTER THE DISCOVERY OF THE COMMISSION OF THE OFFENSE OR THE
24 IDENTITY OF THE OFFENDER, WHICHEVER IS LATER, AND NOT
25 THEREAFTER:
26 CHAPTER 31 (RELATING TO GENERAL PROVISIONS).
27 CHAPTER 33 (RELATING TO RULES OF THE ROAD IN GENERAL).
28 CHAPTER 35 (RELATING TO SPECIAL VEHICLES AND
29 PEDESTRIANS).
30 SUBCHAPTERS A (RELATING TO OFFENSES IN GENERAL) AND C
19790H1873B3650 - 127 -
1 (RELATING TO ACCIDENTS AND ACCIDENT REPORTS) OF CHAPTER 37.
2 (C) EXCEPTION.--WHERE PROCEEDINGS ARE TIMELY [INSTITUTED]
3 COMMENCED AGAINST A PERSON REASONABLY BELIEVED TO HAVE COMMITTED
4 THE OFFENSE CHARGED AND IT SUBSEQUENTLY APPEARS THAT A PERSON
5 OTHER THAN THE PERSON CHARGED IS THE OFFENDER, PROCEEDINGS MAY
6 BE [INSTITUTED] COMMENCED AGAINST THE OTHER PERSON WITHIN 30 OR
7 15 DAYS, WHICHEVER IS APPLICABLE, AFTER THE IDENTITY OF THE
8 PERSON IS DISCOVERED AND NOT THEREAFTER.
9 (D) LOCAL ORDINANCES ON OVERTIME PARKING.--LOCAL ORDINANCES
10 PERTAINING TO OVERTIME PARKING SHALL BE SUBJECT TO THE
11 PROVISIONS OF THIS SECTION.
12 (E) DISPOSITION OF PROCEEDINGS WITHIN TWO YEARS.--NO
13 PROCEEDINGS SHALL BE HELD OR ACTION TAKEN PURSUANT TO A SUMMARY
14 OFFENSE UNDER TITLE 75 SUBSEQUENT TO TWO YEARS AFTER THE
15 COMMISSION OF THE OFFENSE.
16 § 5571. APPEALS GENERALLY.
17 * * *
18 (B) OTHER COURTS.--EXCEPT AS OTHERWISE PROVIDED IN
19 SUBSECTIONS (A) AND (C), AN APPEAL FROM A TRIBUNAL OR OTHER
20 GOVERNMENT UNIT TO A COURT OR FROM A COURT TO AN APPELLATE COURT
21 [SHALL] MUST BE COMMENCED WITHIN 30 DAYS AFTER THE ENTRY OF THE
22 ORDER FROM WHICH THE APPEAL IS TAKEN, IN THE CASE OF AN
23 INTERLOCUTORY OR FINAL ORDER.
24 (C) EXCEPTIONS.--
25 * * *
26 (5) ORDINANCES, RESOLUTIONS, MAPS, ETC.--QUESTIONS
27 RELATING TO AN ALLEGED DEFECT IN THE PROCESS OF ENACTMENT OR
28 ADOPTION OF ANY ORDINANCE, RESOLUTION, MAP OR SIMILAR ACTION
29 OF A POLITICAL SUBDIVISION SHALL BE RAISED BY APPEAL
30 COMMENCED WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THE
19790H1873B3650 - 128 -
1 ORDINANCE, RESOLUTION, MAP OR SIMILAR ACTION.
2 (6) IMPLIED DETERMINATIONS.--WHEN PURSUANT TO LAW A
3 DETERMINATION IS DEEMED TO HAVE BEEN MADE BY REASON OF THE
4 EXPIRATION OF A SPECIFIED PERIOD OF TIME AFTER SUBMISSION OF
5 A MATTER TO A TRIBUNAL OR OTHER GOVERNMENT UNIT OR AFTER
6 ANOTHER PRIOR EVENT, ANY PERSON AFFECTED MAY TREAT THE
7 EXPIRATION OF SUCH PERIOD AS EQUIVALENT TO THE ENTRY OF AN
8 ORDER FOR PURPOSES OF APPEAL AND ANY PERSON AFFECTED SHALL SO
9 TREAT THE EXPIRATION OF THE PERIOD WHERE THE PERSON HAS
10 ACTUAL KNOWLEDGE (OTHER THAN KNOWLEDGE OF THE MERE LAPSE OF
11 TIME) THAT AN IMPLIED DETERMINATION HAS OCCURRED.
12 (D) INTERLOCUTORY APPEALS.--A PETITION FOR PERMISSION TO
13 APPEAL FROM AN INTERLOCUTORY ORDER [SHALL] MUST BE FILED WITHIN
14 30 DAYS AFTER ITS ENTRY.
15 * * *
16 § 5742. REGISTRATION AND LICENSURE REQUIRED.
17 (A) GENERAL RULE.--NO PROFESSIONAL BONDSMAN SHALL BECOME
18 SURETY ON ANY UNDERTAKING, AND NO PERSON SHALL ENGAGE IN OR
19 CONTINUE TO ENGAGE IN BUSINESS AS A PROFESSIONAL BONDSMAN,
20 UNLESS HE HAS BEEN REGISTERED AND IS CURRENTLY LICENSED AS A
21 PROFESSIONAL BONDSMAN BY THE INSURANCE DEPARTMENT AS PROVIDED IN
22 THIS SUBCHAPTER AND HAS FILED A COPY OF HIS LICENSE IN THE
23 OFFICE OF THE CLERK IN THE MANNER [PROVIDED] PRESCRIBED BY
24 GENERAL RULES.
25 * * *
26 § 5903. COMPENSATION AND EXPENSES OF WITNESSES.
27 (A) SCOPE.--THE PROVISIONS OF THIS SECTION APPLY TO A
28 WITNESS [SUBPOENAED] SERVED WITH A SUBPOENA TO TESTIFY BEFORE
29 ANY GOVERNMENT UNIT (EXCEPT THE MINOR JUDICIARY) OR BEFORE THE
30 PHILADELPHIA MUNICIPAL COURT, BUT DO NOT AFFECT:
19790H1873B3650 - 129 -
1 (1) THE RIGHT OF A WITNESS WHO GIVES EXPERT TESTIMONY TO
2 RECEIVE ADDITIONAL PER DIEM COMPENSATION THEREFOR.
3 (2) THE COMPENSATION OF A WITNESS FROM ANOTHER
4 JURISDICTION WHO APPEARS TO TESTIFY IN A CRIMINAL PROCEEDING
5 IN THIS COMMONWEALTH BY VIRTUE OF PROCESS ISSUED UNDER THE
6 AUTHORITY OF SUCH OTHER JURISDICTION.
7 * * *
8 § 5905. SUBPOENAS.
9 EVERY COURT OF RECORD SHALL HAVE POWER IN ANY CIVIL OR
10 CRIMINAL MATTER TO ISSUE SUBPOENAS TO TESTIFY, WITH OR WITHOUT A
11 CLAUSE OF DUCES TECUM, INTO ANY COUNTY OF THIS COMMONWEALTH TO
12 WITNESSES TO APPEAR BEFORE THE COURT OR ANY APPOINTIVE JUDICIAL
13 OFFICER. SUBPOENAS SHALL BE IN THE FORM PRESCRIBED BY GENERAL
14 RULES.
15 § 5919. DEPOSITIONS IN CRIMINAL MATTERS.
16 THE TESTIMONY OF WITNESSES TAKEN IN ACCORDANCE WITH SECTION
17 5325 (RELATING TO WHEN AND HOW A DEPOSITION MAY BE TAKEN OUTSIDE
18 THIS COMMONWEALTH) MAY BE READ IN EVIDENCE UPON THE TRIAL OF ANY
19 CRIMINAL MATTER UNLESS IT SHALL APPEAR AT THE TRIAL THAT THE
20 WITNESS WHOSE DEPOSITION HAS BEEN TAKEN IS IN ATTENDANCE, OR HAS
21 BEEN OR CAN BE [SUBPOENAED] SERVED WITH A SUBPOENA TO TESTIFY,
22 OR HIS ATTENDANCE OTHERWISE PROCURED, IN WHICH CASE THE
23 DEPOSITION SHALL NOT BE ADMISSIBLE.
24 § 5974. SUMMONING [WITNESS] PRISONER IN THIS COMMONWEALTH
25 TO TESTIFY IN ANOTHER STATE.
26 * * *
27 § 6143. REGISTRATION NUMBER AS EVIDENCE OF OPERATION OF
28 VEHICLE.
29 (A) GENERAL RULE.--IN ANY PROCEEDING FOR THE RECOVERY OF A
30 CIVIL PENALTY FOR AN INFRACTION OF THE PROVISIONS OF ANY LAW
19790H1873B3650 - 130 -
1 RELATING TO THE OWNERSHIP OR OPERATION OF ANY CONVEYANCE BY AIR,
2 LAND OR WATER OR ANY GAME OR FISH LAW OR ANY LOCAL ORDINANCE,
3 RULE OR REGULATION RELATING THERETO, THE REGISTRATION NUMBER
4 DISPLAYED ON A CONVEYANCE SHALL SUSTAIN AN INFERENCE THAT THE
5 OWNER OF THE CONVEYANCE WAS THEN OPERATING THE CONVEYANCE.
6 (B) INFERENCE OVERCOME BY TESTIMONY OF OWNER.--IF AT ANY
7 PROCEEDING UNDER SUBSECTION (A) THE OWNER TESTIFIES THAT THE
8 OWNER WAS NOT OPERATING THE CONVEYANCE AT THE TIME OF THE
9 ALLEGED INFRACTION AND SUBMITS TO AN EXAMINATION AS TO WHO AT
10 THE TIME WAS OPERATING THE CONVEYANCE AND REVEALS THE NAME AND
11 RESIDENCE ADDRESS OF THE PERSON, IF KNOWN, THEN THE INFERENCE
12 ARISING FROM THE REGISTRATION NUMBER SHALL BE OVERCOME [AND
13 REMOVED].
14 (C) INFERENCE OVERCOME BY VERIFIED STATEMENT OF [THE]
15 OWNER.--IF THE [MATTER] PROCEEDING UNDER SUBSECTION (A) IS
16 COMMENCED IN A COUNTY OTHER THAN THAT OF THE RESIDENCE OF THE
17 OWNER AND A VERIFIED WRITTEN STATEMENT SETTING FORTH THE FACTS
18 SET FORTH IN SUBSECTION (B) IS FORWARDED BY THE OWNER TO THE
19 TRIBUNAL, THE INFERENCE ARISING FROM THE REGISTRATION NUMBER
20 SHALL BE OVERCOME.
21 § 6504. RETURN ON WRIT.
22 THE WRIT, OR THE ORDER TO SHOW CAUSE WHY THE WRIT SHOULD NOT
23 ISSUE, SHALL BE DIRECTED TO THE PERSON HAVING CUSTODY OF THE
24 PERSON DETAINED. IT SHALL BE RETURNED WITHIN THREE DAYS UNLESS
25 FOR GOOD CAUSE ADDITIONAL TIME, NOT EXCEEDING 20 DAYS, IS
26 ALLOWED. THE PERSON TO WHOM THE WRIT OR THE ORDER IS DIRECTED
27 SHALL MAKE A RETURN CERTIFYING THE TRUE CAUSE OF THE DETENTION
28 AND, EXCEPT AS OTHERWISE [PROVIDED] PRESCRIBED BY GENERAL RULES
29 OR BY RULE OR ORDER OF COURT, SHALL PRODUCE AT THE HEARING THE
30 BODY OF THE PERSON DETAINED.
19790H1873B3650 - 131 -
1 § 6702. DEFINITIONS.
2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
3 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
4 MEANINGS GIVEN TO THEM IN THIS SECTION:
5 "COMPLAINT." INCLUDES ANY PETITION, INFORMATION, AFFIDAVIT
6 OR ANY OTHER LEGAL DOCUMENT FOR THE [INSTITUTION] COMMENCEMENT
7 OF SUPPORT PROCEEDINGS.
8 * * *
9 § 6707. SURETY FOR ATTENDANCE OR PERFORMANCE.
10 (A) GENERAL RULE.--AT ANY STAGE OF THE PROCEEDINGS UNDER
11 THIS SUBCHAPTER, UPON AFFIDAVIT THAT THE DEFENDANT IS ABOUT TO
12 LEAVE THE [JURISDICTION] COMMONWEALTH, APPROPRIATE PROCESS MAY
13 BE ISSUED DIRECTING THAT THE DEFENDANT BE BROUGHT BEFORE THE
14 COURT AT SUCH TIME AS THE COURT MAY DIRECT, AT WHICH TIME THE
15 COURT MAY DIRECT THAT THE DEFENDANT GIVE SECURITY, BY ONE OR
16 MORE SURETIES, TO APPEAR WHEN DIRECTED BY THE COURT OR TO COMPLY
17 WITH ANY ORDER OF THE COURT.
18 * * *
19 § 6710. [JURISDICTION] CONTINUING JURISDICTION OVER SUPPORT
20 ORDERS.
21 THE COURT MAKING THE ORDER SHALL AT ALL TIMES MAINTAIN
22 JURISDICTION OF THE CAUSE FOR THE PURPOSE OF ENFORCEMENT OF THE
23 ORDER AND FOR THE PURPOSE OF INCREASING, DECREASING, MODIFYING
24 OR RESCINDING SUCH ORDER, WITHOUT LIMITING THE RIGHT OF A
25 COMPLAINANT TO [INSTITUTE] COMMENCE ADDITIONAL PROCEEDINGS FOR
26 SUPPORT IN ANY COUNTY WHEREIN THE DEFENDANT RESIDES OR WHERE HIS
27 PROPERTY IS SITUATED. THE COURT MAY MODIFY REGISTERED FOREIGN
28 SUPPORT ORDERS WHEN THE FOREIGN COURT DECLINES, SURRENDERS OR
29 DETERMINES THAT IT IS AN INAPPROPRIATE FORUM TO MODIFY THE
30 DECREE. THE COURT MAY AT ANY TIME REMIT, CORRECT OR REDUCE THE
19790H1873B3650 - 132 -
1 AMOUNT OF ANY ARREARAGES. THIS SECTION SHALL APPLY TO ALL
2 SUPPORT ORDERS WHETHER ENTERED PURSUANT TO THIS CHAPTER OR ANY
3 OTHER PROVISION OF LAW.
4 CHAPTER 73
5 ARBITRATION
6 SUBCHAPTER A
7 STATUTORY ARBITRATION
8 [(RESERVED)]
9 SEC.
10 7301. SHORT TITLE OF SUBCHAPTER.
11 7302. SCOPE OF SUBCHAPTER.
12 7303. VALIDITY OF AGREEMENT TO ARBITRATE.
13 7304. COURT PROCEEDINGS TO COMPEL OR STAY ARBITRATION.
14 7305. APPOINTMENT OF ARBITRATORS BY COURT.
15 7306. ACTION BY ARBITRATORS.
16 7307. HEARING BEFORE ARBITRATORS.
17 7308. REPRESENTATION BY ATTORNEY.
18 7309. WITNESSES, SUBPOENAS, OATHS AND DEPOSITIONS.
19 7310. AWARD OF ARBITRATORS.
20 7311. CHANGE OF AWARD BY ARBITRATORS.
21 7312. FEES AND EXPENSES OF ARBITRATION.
22 7313. CONFIRMATION OF AWARD BY COURT.
23 7314. VACATING AWARD BY COURT.
24 7315. MODIFICATION OR CORRECTION OF AWARD BY COURT.
25 7316. JUDGMENT OR DECREE ON AWARD.
26 7317. FORM AND SERVICE OF APPLICATIONS TO COURT.
27 7318. COURT AND JURISDICTION.
28 7319. VENUE OF COURT PROCEEDINGS.
29 7320. APPEALS FROM COURT ORDERS.
30 § 7301. SHORT TITLE OF SUBCHAPTER.
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1 THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
2 "UNIFORM ARBITRATION ACT."
3 § 7302. SCOPE OF SUBCHAPTER.
4 (A) GENERAL RULE.--AN AGREEMENT TO ARBITRATE A CONTROVERSY
5 ON A NONJUDICIAL BASIS SHALL BE CONCLUSIVELY PRESUMED TO BE AN
6 AGREEMENT TO ARBITRATE PURSUANT TO SUBCHAPTER B (RELATING TO
7 COMMON LAW ARBITRATION) UNLESS THE AGREEMENT TO ARBITRATE IS IN
8 WRITING AND EXPRESSLY PROVIDES FOR ARBITRATION PURSUANT TO THIS
9 SUBCHAPTER OR ANY OTHER SIMILAR STATUTE, IN WHICH CASE THE
10 ARBITRATION SHALL BE GOVERNED BY THIS SUBCHAPTER.
11 (B) COLLECTIVE BARGAINING AGREEMENTS.--THIS SUBCHAPTER SHALL
12 APPLY TO A COLLECTIVE BARGAINING AGREEMENT TO ARBITRATE
13 CONTROVERSIES BETWEEN EMPLOYERS AND EMPLOYEES OR THEIR
14 RESPECTIVE REPRESENTATIVES ONLY WHERE THE ARBITRATION PURSUANT
15 TO THIS SUBCHAPTER IS CONSISTENT WITH ANY STATUTE REGULATING
16 LABOR AND MANAGEMENT RELATIONS.
17 (C) GOVERNMENT CONTRACTS.--THIS SUBCHAPTER SHALL APPLY TO
18 ANY WRITTEN CONTRACT TO WHICH A GOVERNMENT UNIT OF THIS
19 COMMONWEALTH IS A PARTY TO THE SAME EXTENT AS IF THE GOVERNMENT
20 UNIT WERE A PRIVATE PERSON, EXCEPT THAT WHERE A CONTRACT TO
21 WHICH THE COMMONWEALTH GOVERNMENT IS A PARTY PROVIDES FOR
22 ARBITRATION OF CONTROVERSIES BUT DOES NOT PROVIDE FOR
23 ARBITRATION PURSUANT TO ANY SPECIFIED STATUTORY PROVISION, THE
24 ARBITRATION SHALL BE GOVERNED BY THIS SUBCHAPTER.
25 (D) SPECIAL APPLICATION.--
26 (1) PARAGRAPH (2) SHALL BE APPLICABLE WHERE:
27 (I) THE COMMONWEALTH GOVERNMENT SUBMITS A
28 CONTROVERSY TO ARBITRATION.
29 (II) A POLITICAL SUBDIVISION SUBMITS A CONTROVERSY
30 WITH AN EMPLOYEE OR A REPRESENTATIVE OF EMPLOYEES TO
19790H1873B3650 - 134 -
1 ARBITRATION.
2 (III) ANY PERSON HAS BEEN REQUIRED BY LAW TO SUBMIT
3 OR TO AGREE TO SUBMIT A CONTROVERSY TO ARBITRATION
4 PURSUANT TO THIS SUBCHAPTER.
5 (2) WHERE THIS PARAGRAPH IS APPLICABLE A COURT IN
6 REVIEWING AN ARBITRATION AWARD PURSUANT TO THIS SUBCHAPTER
7 SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF THIS
8 SUBCHAPTER, MODIFY OR CORRECT THE AWARD WHERE THE AWARD IS
9 CONTRARY TO LAW AND IS SUCH THAT HAD IT BEEN A VERDICT OF A
10 JURY THE COURT WOULD HAVE ENTERED A DIFFERENT JUDGMENT OR A
11 JUDGMENT NOTWITHSTANDING THE VERDICT.
12 § 7303. VALIDITY OF AGREEMENT TO ARBITRATE.
13 A WRITTEN AGREEMENT TO SUBJECT ANY EXISTING CONTROVERSY TO
14 ARBITRATION OR A PROVISION IN A WRITTEN AGREEMENT TO SUBMIT TO
15 ARBITRATION ANY CONTROVERSY THEREAFTER ARISING BETWEEN THE
16 PARTIES IS VALID, ENFORCEABLE AND IRREVOCABLE, SAVE UPON SUCH
17 GROUNDS AS EXIST AT LAW OR IN EQUITY RELATING TO THE VALIDITY,
18 ENFORCEABILITY OR REVOCATION OF ANY CONTRACT.
19 § 7304. COURT PROCEEDINGS TO COMPEL OR STAY ARBITRATION.
20 (A) COMPELLING ARBITRATION.--ON APPLICATION TO A COURT TO
21 COMPEL ARBITRATION MADE BY A PARTY SHOWING AN AGREEMENT
22 DESCRIBED IN SECTION 7303 (RELATING TO VALIDITY OF AGREEMENT TO
23 ARBITRATE) AND A SHOWING THAT AN OPPOSING PARTY REFUSED TO
24 ARBITRATE, THE COURT SHALL ORDER THE PARTIES TO PROCEED WITH
25 ARBITRATION. IF THE OPPOSING PARTY DENIES THE EXISTENCE OF AN
26 AGREEMENT TO ARBITRATE, THE COURT SHALL PROCEED SUMMARILY TO
27 DETERMINE THE ISSUE SO RAISED AND SHALL ORDER THE PARTIES TO
28 PROCEED WITH ARBITRATION IF IT FINDS FOR THE MOVING PARTY.
29 OTHERWISE, THE APPLICATION SHALL BE DENIED.
30 (B) STAY OF ARBITRATION.--ON APPLICATION OF A PARTY TO A
19790H1873B3650 - 135 -
1 COURT TO STAY AN ARBITRATION PROCEEDING THREATENED OR COMMENCED
2 THE COURT MAY STAY AN ARBITRATION ON A SHOWING THAT THERE IS NO
3 AGREEMENT TO ARBITRATE. WHEN IN SUBSTANTIAL AND BONA FIDE
4 DISPUTE, SUCH AN ISSUE SHALL BE FORTHWITH AND SUMMARILY TRIED
5 AND DETERMINED AND A STAY OF THE ARBITRATION PROCEEDINGS SHALL
6 BE ORDERED IF THE COURT FINDS FOR THE MOVING PARTY. IF THE COURT
7 FINDS FOR THE OPPOSING PARTY, THE COURT SHALL ORDER THE PARTIES
8 TO PROCEED WITH ARBITRATION.
9 (C) VENUE.--IF A CONTROVERSY ALLEGED TO BE OR NOT TO BE
10 REFERABLE TO ARBITRATION UNDER THE AGREEMENT IS ALSO INVOLVED IN
11 AN ACTION OR PROCEEDING PENDING IN A COURT HAVING JURISDICTION
12 TO HEAR APPLICATIONS TO COMPEL OR STAY ARBITRATION, THE
13 APPLICATION SHALL BE MADE TO THAT COURT. OTHERWISE, SUBJECT TO
14 SECTION 7319 (RELATING TO VENUE OF COURT PROCEEDINGS), THE
15 APPLICATION MAY BE MADE IN ANY COURT OF COMPETENT JURISDICTION.
16 (D) STAY OF JUDICIAL PROCEEDINGS.--AN ACTION OR PROCEEDING,
17 ALLEGEDLY INVOLVING AN ISSUE SUBJECT TO ARBITRATION, SHALL BE
18 STAYED IF A COURT ORDER TO PROCEED WITH ARBITRATION HAS BEEN
19 MADE OR AN APPLICATION FOR SUCH AN ORDER HAS BEEN MADE UNDER
20 THIS SECTION. IF THE ISSUE ALLEGEDLY SUBJECT TO ARBITRATION IS
21 SEVERABLE, THE STAY OF THE COURT ACTION OR PROCEEDING MAY BE
22 MADE WITH RESPECT TO THE SEVERABLE ISSUE ONLY. IF THE
23 APPLICATION FOR AN ORDER TO PROCEED WITH ARBITRATION IS MADE IN
24 SUCH ACTION OR PROCEEDING AND IS GRANTED, THE COURT ORDER TO
25 PROCEED WITH ARBITRATION SHALL INCLUDE A STAY OF THE ACTION OR
26 PROCEEDING.
27 (E) NO EXAMINATION OF MERITS.--AN APPLICATION FOR A COURT
28 ORDER TO PROCEED WITH ARBITRATION SHALL NOT BE REFUSED, NOR
29 SHALL AN APPLICATION TO STAY ARBITRATION BE GRANTED, BY THE
30 COURT ON THE GROUND THAT THE CONTROVERSY LACKS MERIT OR BONA
19790H1873B3650 - 136 -
1 FIDES OR ON THE GROUND THAT NO FAULT OR BASIS FOR THE
2 CONTROVERSY SOUGHT TO BE ARBITRATED HAS BEEN SHOWN.
3 § 7305. APPOINTMENT OF ARBITRATORS BY COURT.
4 IF THE AGREEMENT TO ARBITRATE PRESCRIBES A METHOD OF
5 APPOINTMENT OF ARBITRATORS, THE PRESCRIBED METHOD SHALL BE
6 FOLLOWED. IN THE ABSENCE OF A PRESCRIBED METHOD OR IF THE
7 PRESCRIBED METHOD FAILS OR FOR ANY REASON CANNOT BE FOLLOWED, OR
8 WHEN AN ARBITRATOR APPOINTED FAILS TO ACT OR IS UNABLE TO ACT
9 AND HIS SUCCESSOR HAS NOT BEEN APPOINTED, THE COURT ON
10 APPLICATION OF A PARTY SHALL APPOINT ONE OR MORE ARBITRATORS. AN
11 ARBITRATOR SO APPOINTED HAS ALL THE POWERS OF AN ARBITRATOR
12 SPECIFICALLY NAMED IN THE AGREEMENT.
13 § 7306. ACTION BY ARBITRATORS.
14 THE POWERS OF THE ARBITRATORS SHALL BE EXERCISED BY A
15 MAJORITY UNLESS OTHERWISE PRESCRIBED BY THE AGREEMENT OR
16 PROVIDED BY THIS SUBCHAPTER.
17 § 7307. HEARING BEFORE ARBITRATORS.
18 (A) GENERAL RULE.--UNLESS OTHERWISE PRESCRIBED BY THE
19 AGREEMENT:
20 (1) THE ARBITRATORS SHALL APPOINT A TIME AND PLACE FOR
21 THE ARBITRATION HEARING AND CAUSE WRITTEN NOTICE THEREOF TO
22 BE SERVED PERSONALLY OR BY REGISTERED OR CERTIFIED MAIL ON
23 ALL PARTIES NOT LESS THAN TEN DAYS BEFORE THE HEARING.
24 APPEARANCE AT THE HEARING CONSTITUTES A WAIVER OF SUCH
25 NOTICE.
26 (2) THE ARBITRATORS MAY ADJOURN THE HEARING FROM TIME TO
27 TIME AS NECESSARY AND, ON REQUEST OF A PARTY AND FOR GOOD
28 CAUSE, OR UPON THEIR OWN MOTION, MAY POSTPONE THE HEARING TO
29 A TIME NOT LATER THAN THE DATE FIXED BY THE AGREEMENT FOR
30 MAKING THE AWARD UNLESS THE PARTIES CONSENT TO A LATER DATE.
19790H1873B3650 - 137 -
1 (3) THE ARBITRATORS MAY HEAR AND DETERMINE THE
2 CONTROVERSY UPON THE EVIDENCE PRODUCED AT THE ARBITRATION
3 HEARING NOTWITHSTANDING THE FAILURE OF A DULY NOTIFIED PARTY
4 TO APPEAR. ON APPLICATION BY A PARTY THE COURT MAY DIRECT THE
5 ARBITRATORS TO PROCEED PROMPTLY WITH THE HEARING AND
6 DETERMINATION OF THE CONTROVERSY.
7 (4) THE PARTIES AND THEIR ATTORNEYS HAVE THE RIGHT TO BE
8 HEARD, TO PRESENT EVIDENCE MATERIAL TO THE CONTROVERSY AND TO
9 CROSS-EXAMINE WITNESSES APPEARING AT THE HEARING.
10 (5) THE HEARING SHALL BE CONDUCTED BY ALL THE
11 ARBITRATORS BUT A MAJORITY MAY DETERMINE ANY ISSUE AND RENDER
12 A FINAL AWARD. IF, DURING THE COURSE OF THE HEARING, AN
13 ARBITRATOR FOR ANY REASON CEASES TO ACT, THE REMAINING
14 ARBITRATOR OR ARBITRATORS APPOINTED TO ACT AS NEUTRALS MAY
15 CONTINUE WITH THE HEARING AND DETERMINE THE CONTROVERSY.
16 (B) RECORD.--ON REQUEST OF A PARTY WHO SHALL PAY THE FEES
17 THEREFOR ALL TESTIMONY SHALL BE TAKEN STENOGRAPHICALLY AND A
18 TRANSCRIPT THEREOF MADE A PART OF THE RECORD.
19 § 7308. REPRESENTATION BY ATTORNEY.
20 A PARTY HAS THE RIGHT TO BE REPRESENTED BY AN ATTORNEY AT ANY
21 PROCEEDING OR HEARING UNDER THIS SUBCHAPTER. A WAIVER THEREOF
22 PRIOR TO THE PROCEEDING OR HEARING IS INEFFECTIVE.
23 § 7309. WITNESSES, SUBPOENAS, OATHS AND DEPOSITIONS.
24 (A) GENERAL RULE.--THE ARBITRATORS MAY ISSUE SUBPOENAS IN
25 THE FORM PRESCRIBED BY GENERAL RULES FOR THE ATTENDANCE OF
26 WITNESSES AND FOR THE PRODUCTION OF BOOKS, RECORDS, DOCUMENTS
27 AND OTHER EVIDENCE. SUBPOENAS SO ISSUED SHALL BE SERVED AND,
28 UPON APPLICATION TO THE COURT BY A PARTY OR BY THE ARBITRATORS,
29 SHALL BE ENFORCED IN THE MANNER PROVIDED OR PRESCRIBED BY LAW
30 FOR THE SERVICE AND ENFORCEMENT OF SUBPOENAS IN A CIVIL ACTION.
19790H1873B3650 - 138 -
1 (B) DEPOSITIONS.--ON APPLICATION OF A PARTY AND FOR USE AS
2 EVIDENCE THE ARBITRATORS, IN THE MANNER AND UPON THE TERMS
3 DESIGNATED BY THEM, MAY PERMIT A DEPOSITION TO BE TAKEN OF A
4 WITNESS WHO CANNOT BE SERVED WITH A SUBPOENA OR WHO IS UNABLE TO
5 ATTEND THE HEARING.
6 (C) COMPULSORY TESTIMONY.--THE ARBITRATORS SHALL HAVE POWER
7 TO ADMINISTER OATHS. ALL PROVISIONS OF LAW COMPELLING A PERSON
8 UNDER SUBPOENA TO TESTIFY ARE APPLICABLE.
9 (D) FEES.--FEES AND EXPENSES FOR ATTENDANCE AS A WITNESS
10 SHALL BE GOVERNED BY THE PROVISIONS OF SECTION 5903 (RELATING TO
11 COMPENSATION AND EXPENSES OF WITNESSES).
12 § 7310. AWARD OF ARBITRATORS.
13 (A) GENERAL RULE.--THE AWARD OF THE ARBITRATORS SHALL BE IN
14 WRITING AND SIGNED BY THE ARBITRATORS JOINING IN THE AWARD. THE
15 ARBITRATORS SHALL DELIVER A COPY OF THE AWARD TO EACH PARTY
16 PERSONALLY OR BY REGISTERED OR CERTIFIED MAIL, OR AS PRESCRIBED
17 IN THE AGREEMENT TO ARBITRATE.
18 (B) TIME LIMITATION.--THE AWARD SHALL BE MADE WITHIN THE
19 TIME FIXED BY THE AGREEMENT OR, IF NOT FIXED BY THE AGREEMENT,
20 WITHIN SUCH TIME AS IS ORDERED BY THE COURT ON APPLICATION OF A
21 PARTY. THE PARTIES BY WRITTEN STIPULATION MAY EXTEND THE TIME
22 EITHER BEFORE OR AFTER THE EXPIRATION THEREOF. A PARTY WAIVES
23 THE OBJECTION THAT AN AWARD WAS NOT MADE WITHIN THE TIME
24 REQUIRED UNLESS HE NOTIFIES THE ARBITRATORS OF HIS OBJECTION
25 PRIOR TO DELIVERY OF THE AWARD TO HIM.
26 § 7311. CHANGE OF AWARD BY ARBITRATORS.
27 (A) GENERAL RULE.--ON APPLICATION OF A PARTY TO THE
28 ARBITRATORS, OR ON SUBMISSION TO THE ARBITRATORS BY THE COURT
29 UNDER SUCH CONDITIONS AS THE COURT MAY ORDER IF AN APPLICATION
30 TO THE COURT IS PENDING UNDER SECTION 7313 (RELATING TO
19790H1873B3650 - 139 -
1 CONFIRMATION OF AWARD BY COURT), SECTION 7314 (RELATING TO
2 VACATING AWARD BY COURT) OR SECTION 7315 (RELATING TO
3 MODIFICATION OR CORRECTION OF AWARD BY COURT), THE ARBITRATORS
4 MAY MODIFY OR CORRECT THE AWARD UPON THE GROUNDS STATED IN
5 SECTION 7315(A)(1) AND (2), OR FOR THE PURPOSE OF CLARIFYING THE
6 AWARD.
7 (B) TIME LIMITATION.--AN APPLICATION TO THE ARBITRATORS
8 UNDER SUBSECTION (A) SHALL BE MADE WITHIN TEN DAYS AFTER
9 DELIVERY OF THE AWARD TO THE APPLICANT. WRITTEN NOTICE OF
10 PRESENTATION OF THE APPLICATION SHALL BE GIVEN FORTHWITH BY THE
11 APPLICANT TO ALL OTHER PARTIES STATING THAT THEY MUST SERVE
12 OBJECTIONS THERETO WITHIN TEN DAYS FROM THE DATE OF THE NOTICE.
13 THE AWARD AS MODIFIED OR CORRECTED IS SUBJECT TO THE PROVISIONS
14 OF SECTIONS 7313, 7314 AND 7315.
15 § 7312. FEES AND EXPENSES OF ARBITRATION.
16 UNLESS OTHERWISE PRESCRIBED IN THE AGREEMENT TO ARBITRATE,
17 THE EXPENSES AND FEES OF THE ARBITRATORS AND OTHER EXPENSES (BUT
18 NOT INCLUDING COUNSEL FEES) INCURRED IN THE CONDUCT OF THE
19 ARBITRATION SHALL BE PAID AS PRESCRIBED IN THE AWARD.
20 § 7313. CONFIRMATION OF AWARD BY COURT.
21 ON APPLICATION OF A PARTY, THE COURT SHALL CONFIRM AN AWARD,
22 UNLESS WITHIN THE TIME LIMITS IMPOSED BY THIS SUBCHAPTER,
23 GROUNDS ARE URGED FOR VACATING OR MODIFYING OR CORRECTING THE
24 AWARD, IN WHICH CASE THE COURT SHALL PROCEED AS PROVIDED IN
25 SECTION 7314 (RELATING TO VACATING AWARD BY COURT) OR SECTION
26 7315 (RELATING TO MODIFICATION OR CORRECTION OF AWARD BY COURT).
27 § 7314. VACATING AWARD BY COURT.
28 (A) GENERAL RULE.--
29 (1) ON APPLICATION OF A PARTY, THE COURT SHALL VACATE AN
30 AWARD WHERE:
19790H1873B3650 - 140 -
1 (I) THE COURT WOULD VACATE THE AWARD UNDER SECTION
2 7341 (RELATING TO COMMON LAW ARBITRATION) IF THIS
3 SUBCHAPTER WERE NOT APPLICABLE;
4 (II) THERE WAS EVIDENT PARTIALITY BY AN ARBITRATOR
5 APPOINTED AS A NEUTRAL OR CORRUPTION OR MISCONDUCT IN ANY
6 OF THE ARBITRATORS PREJUDICING THE RIGHTS OF ANY PARTY;
7 (III) THE ARBITRATORS EXCEEDED THEIR POWERS;
8 (IV) THE ARBITRATORS REFUSED TO POSTPONE THE HEARING
9 UPON GOOD CAUSE BEING SHOWN THEREFOR OR REFUSED TO HEAR
10 EVIDENCE MATERIAL TO THE CONTROVERSY OR OTHERWISE SO
11 CONDUCTED THE HEARING, CONTRARY TO THE PROVISIONS OF
12 SECTION 7307 (RELATING TO HEARING BEFORE ARBITRATORS), AS
13 TO PREJUDICE SUBSTANTIALLY THE RIGHTS OF A PARTY; OR
14 (V) THERE WAS NO AGREEMENT TO ARBITRATE AND THE
15 ISSUE OF THE EXISTENCE OF AN AGREEMENT TO ARBITRATE WAS
16 NOT ADVERSELY DETERMINED IN PROCEEDINGS UNDER SECTION
17 7304 (RELATING TO COURT PROCEEDINGS TO COMPEL OR STAY
18 ARBITRATION) AND THE APPLICANT-PARTY RAISED THE ISSUE OF
19 THE EXISTENCE OF AN AGREEMENT TO ARBITRATE AT THE
20 HEARING.
21 (2) THE FACT THAT THE RELIEF AWARDED BY THE ARBITRATORS
22 WAS SUCH THAT IT COULD NOT OR WOULD NOT BE GRANTED BY A COURT
23 OF LAW OR EQUITY IS NOT A GROUND FOR VACATING OR REFUSING TO
24 CONFIRM THE AWARD.
25 (B) TIME LIMITATION.--AN APPLICATION UNDER THIS SECTION
26 SHALL BE MADE WITHIN 30 DAYS AFTER DELIVERY OF A COPY OF THE
27 AWARD TO THE APPLICANT, EXCEPT THAT, IF PREDICATED UPON
28 CORRUPTION, FRAUD, MISCONDUCT OR OTHER IMPROPER MEANS, IT SHALL
29 BE MADE WITHIN 30 DAYS AFTER SUCH GROUNDS ARE KNOWN OR SHOULD
30 HAVE BEEN KNOWN TO THE APPLICANT.
19790H1873B3650 - 141 -
1 (C) FURTHER HEARING.--IF THE COURT VACATES THE AWARD ON
2 GROUNDS OTHER THAN STATED IN SUBSECTION (A)(1)(V), THE COURT MAY
3 ORDER A REHEARING BEFORE NEW ARBITRATORS CHOSEN AS PRESCRIBED IN
4 THE AGREEMENT TO ARBITRATE. ABSENT A METHOD PRESCRIBED IN THE
5 AGREEMENT TO ARBITRATE, THE COURT SHALL CHOOSE NEW ARBITRATORS
6 IN ACCORDANCE WITH SECTION 7305 (RELATING TO APPOINTMENT OF
7 ARBITRATORS BY COURT). IF THE AWARD IS VACATED ON GROUNDS NOT
8 AFFECTING THE COMPETENCY OF THE ARBITRATORS UNDER SUBSECTION
9 (A)(1)(I) THROUGH (IV), THE COURT MAY ORDER A REHEARING BEFORE
10 THE ARBITRATORS WHO MADE THE AWARD OR THEIR SUCCESSORS APPOINTED
11 IN ACCORDANCE WITH SECTION 7305. THE TIME PERIOD WITHIN WHICH
12 THE AGREEMENT REQUIRES THE ORIGINAL AWARD TO BE MADE IS
13 APPLICABLE TO THE REHEARING AND COMMENCES FROM THE DATE OF THE
14 COURT ORDER DIRECTING A REHEARING.
15 (D) CONFIRMATION OF AWARD.--IF AN APPLICATION TO VACATE THE
16 AWARD IS DENIED AND NO APPLICATION TO MODIFY OR CORRECT THE
17 AWARD IS PENDING, THE COURT SHALL CONFIRM THE AWARD.
18 § 7315. MODIFICATION OR CORRECTION OF AWARD BY COURT.
19 (A) GENERAL RULE.--ON APPLICATION TO THE COURT MADE WITHIN
20 30 DAYS AFTER DELIVERY OF A COPY OF THE AWARD TO THE APPLICANT,
21 THE COURT SHALL MODIFY OR CORRECT THE AWARD WHERE:
22 (1) THERE WAS AN EVIDENT MISCALCULATION OF FIGURES OR AN
23 EVIDENT MISTAKE IN THE DESCRIPTION OF ANY PERSON, THING OR
24 PROPERTY REFERRED TO IN THE AWARD;
25 (2) THE ARBITRATORS AWARDED UPON A MATTER NOT SUBMITTED
26 TO THEM AND THE AWARD MAY BE CORRECTED WITHOUT AFFECTING THE
27 MERITS OF THE DECISION UPON THE ISSUES SUBMITTED; OR
28 (3) THE AWARD IS DEFICIENT IN A MATTER OF FORM, NOT
29 AFFECTING THE MERITS OF THE CONTROVERSY.
30 (B) CONFIRMATION OF AWARD.--IF AN APPLICATION TO MODIFY OR
19790H1873B3650 - 142 -
1 CORRECT THE AWARD IS GRANTED, THE COURT SHALL MODIFY AND CORRECT
2 THE AWARD SO AS TO EFFECT ITS INTENT AND SHALL CONFIRM THE AWARD
3 AS SO MODIFIED AND CORRECTED. OTHERWISE, THE COURT SHALL CONFIRM
4 THE AWARD AS MADE BY THE ARBITRATORS.
5 (C) ALTERNATIVE APPLICATIONS.--AN APPLICATION TO MODIFY OR
6 CORRECT AN AWARD MAY BE JOINED IN THE ALTERNATIVE WITH AN
7 APPLICATION TO VACATE THE AWARD.
8 § 7316. JUDGMENT OR DECREE ON AWARD.
9 UPON THE GRANTING OF AN ORDER OF COURT CONFIRMING, MODIFYING
10 OR CORRECTING AN AWARD, A JUDGMENT OR DECREE SHALL BE ENTERED IN
11 CONFORMITY WITH THE ORDER. THE JUDGMENT OR DECREE MAY BE
12 ENFORCED AS ANY OTHER JUDGMENT OR DECREE. SUBJECT TO GENERAL
13 RULES, COSTS OF ANY APPLICATION TO THE COURT AND OF THE
14 PROCEEDINGS SUBSEQUENT THERETO, AND DISBURSEMENTS MAY BE IMPOSED
15 BY THE COURT.
16 § 7317. FORM AND SERVICE OF APPLICATIONS TO COURT.
17 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, AN
18 APPLICATION TO THE COURT UNDER THIS SUBCHAPTER SHALL BE BY
19 PETITION AND SHALL BE HEARD IN THE MANNER AND UPON THE NOTICE
20 PROVIDED OR PRESCRIBED BY LAW FOR THE MAKING AND HEARING OF
21 PETITIONS IN CIVIL MATTERS. UNLESS THE PARTIES OTHERWISE AGREE,
22 NOTICE OF AN INITIAL APPLICATION FOR AN ORDER OF COURT SHALL BE
23 SERVED IN THE MANNER PROVIDED OR PRESCRIBED BY LAW FOR THE
24 SERVICE OF A WRIT OF SUMMONS IN A CIVIL ACTION.
25 § 7318. COURT AND JURISDICTION.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
27 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
28 MEANINGS GIVEN TO THEM IN THIS SECTION:
29 "COURT." AS USED IN THIS SUBCHAPTER MEANS ANY COURT OF
30 COMPETENT JURISDICTION OF THIS COMMONWEALTH.
19790H1873B3650 - 143 -
1 "JURISDICTION." THE MAKING OF AN AGREEMENT DESCRIBED IN
2 SECTION 7303 (RELATING TO VALIDITY OF AGREEMENT TO ARBITRATE)
3 PROVIDING FOR ARBITRATION IN THIS COMMONWEALTH CONFERS
4 JURISDICTION ON THE COURTS OF THIS COMMONWEALTH TO ENFORCE THE
5 AGREEMENT UNDER THIS SUBCHAPTER AND TO ENTER JUDGMENT ON AN
6 AWARD MADE THEREUNDER.
7 § 7319. VENUE OF COURT PROCEEDINGS.
8 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES:
9 (1) AN INITIAL APPLICATION TO A COURT UNDER THIS
10 SUBCHAPTER SHALL BE MADE TO THE COURT OF THE COUNTY IN WHICH
11 THE AGREEMENT PRESCRIBES THAT THE ARBITRATION HEARING SHALL
12 BE HELD OR, IF THE HEARING HAS BEEN HELD, IN THE COUNTY IN
13 WHICH THE HEARING WAS HELD.
14 (2) IF AN APPLICATION TO A COURT CANNOT BE MADE UNDER
15 PARAGRAPH (1) THE APPLICATION SHALL BE MADE TO THE COURT IN
16 THE COUNTY WHERE THE ADVERSE PARTY RESIDES OR HAS A PLACE OF
17 BUSINESS OR, IF HE HAS NO RESIDENCE OR PLACE OF BUSINESS IN
18 THIS COMMONWEALTH, TO THE COURT OF ANY COUNTY.
19 (3) ALL SUBSEQUENT APPLICATIONS TO A COURT SHALL BE MADE
20 TO THE COURT HEARING THE INITIAL APPLICATION UNLESS THAT
21 COURT OTHERWISE DIRECTS.
22 § 7320. APPEALS FROM COURT ORDERS.
23 (A) GENERAL RULE.--AN APPEAL MAY BE TAKEN FROM:
24 (1) A COURT ORDER DENYING AN APPLICATION TO COMPEL
25 ARBITRATION MADE UNDER SECTION 7304 (RELATING TO PROCEEDINGS
26 TO COMPEL OR STAY ARBITRATION).
27 (2) A COURT ORDER GRANTING AN APPLICATION TO STAY
28 ARBITRATION MADE UNDER SECTION 7304(B).
29 (3) A COURT ORDER CONFIRMING OR DENYING CONFIRMATION OF
30 AN AWARD.
19790H1873B3650 - 144 -
1 (4) A COURT ORDER MODIFYING OR CORRECTING AN AWARD.
2 (5) A COURT ORDER VACATING AN AWARD WITHOUT DIRECTING A
3 REHEARING.
4 (6) A FINAL JUDGMENT OR DECREE OF A COURT ENTERED
5 PURSUANT TO THE PROVISIONS OF THIS SUBCHAPTER.
6 (B) PROCEDURE.--THE APPEAL SHALL BE TAKEN IN THE MANNER,
7 WITHIN THE TIME AND TO THE SAME EXTENT AS AN APPEAL FROM A FINAL
8 ORDER OF COURT IN A CIVIL ACTION.
9 § 7341. COMMON LAW ARBITRATION.
10 THE AWARD OF AN ARBITRATOR IN A NONJUDICIAL ARBITRATION WHICH
11 IS NOT SUBJECT TO [THE ACT OF APRIL 25, 1927 (P.L.381, NO.248)]
12 SUBCHAPTER A (RELATING TO STATUTORY ARBITRATION) OR A SIMILAR
13 STATUTE REGULATING NONJUDICIAL ARBITRATION PROCEEDINGS IS
14 BINDING AND MAY NOT BE VACATED OR MODIFIED UNLESS IT IS CLEARLY
15 SHOWN THAT A PARTY WAS DENIED A HEARING OR THAT FRAUD,
16 MISCONDUCT, CORRUPTION OR OTHER IRREGULARITY CAUSED THE
17 RENDITION OF AN UNJUST, INEQUITABLE OR UNCONSCIONABLE AWARD.
18 § 7538. [SUPPLEMENTAL] APPLICATIONS FOR RELIEF.
19 [FURTHER RELIEF,] (A) GENERAL RULE.--JUDICIAL RELIEF BASED
20 ON A DECLARATORY JUDGMENT OR DECREE[,] MAY BE GRANTED WHENEVER
21 NECESSARY OR PROPER, SUBJECT TO CHAPTER 55 (RELATING TO
22 LIMITATION OF TIME). [EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
23 RULES, THE APPLICATION THEREFOR SHALL BE BY PETITION TO A COURT
24 HAVING JURISDICTION TO GRANT THE RELIEF.] IF [THE] AN
25 APPLICATION FOR SUPPLEMENTAL RELIEF IS DEEMED SUFFICIENT THE
26 COURT SHALL, ON REASONABLE NOTICE, REQUIRE ANY ADVERSE PARTY[,]
27 WHOSE RIGHTS HAVE BEEN ADJUDICATED BY [THE] A PREVIOUSLY ENTERED
28 DECLARATORY JUDGMENT OR DECREE[,] TO SHOW CAUSE WHY FURTHER
29 RELIEF SHOULD NOT BE GRANTED [FORTHWITH].
30 (B) FORM OF APPLICATION.--AN APPLICATION FOR RELIEF OR
19790H1873B3650 - 145 -
1 SUPPLEMENTAL RELIEF UNDER THIS SUBCHAPTER SHALL BE IN THE FORM
2 PRESCRIBED BY GENERAL RULES.
3 § 8102. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS.
4 WHENEVER THE PROPERTY OF SEVERAL PERSONS [SHALL BE] IS
5 SUBJECT TO THE LIEN OF ANY JUDGMENT TO THE DISCHARGE OF WHICH
6 [THEY] SUCH PERSONS SHOULD BY LAW OR EQUITY CONTRIBUTE, OR TO
7 WHICH ONE OF SUCH PERSONS SHOULD HAVE SUBROGATION AGAINST
8 ANOTHER, THE COURT MAY REQUIRE THE JUDGMENT CREDITOR TO LEVY
9 UPON AND MAKE SALE OF THE PROPERTY LIABLE TO EXECUTION FOR THE
10 PAYMENT OF THE JUDGMENT IN THE PROPORTION OR IN THE SUCCESSION
11 IN WHICH THE PROPERTIES OF THE SEVERAL [OWNERS SHALL] PERSONS
12 ARE IN LAW OR EQUITY [BE] LIABLE TO CONTRIBUTE TOWARDS THE
13 DISCHARGE OF THE COMMON INCUMBRANCE. [, AND THE] THE COURT MAY
14 DIRECT TO WHAT USES THE JUDGMENT SHALL BE ASSIGNED, AND WHEN
15 ASSIGNED MAY DIRECT ALL EXECUTIONS THEREON, SO AS TO SUBSERVE
16 THE RIGHTS AND EQUITIES OF ALL [PARTIES] PERSONS WHOSE PROPERTY
17 [SHALL BE LIABLE THERETO] IS LIABLE TO EXECUTION.
18 (B) THE PROVISIONS OF 42 PA.C.S. § 7302(D)(2) (RELATING TO
19 SPECIAL APPLICATION) SHALL BE APPLICABLE TO ANY NONJUDICIAL
20 ARBITRATION PURSUANT TO:
21 (1) AN AGREEMENT MADE PRIOR TO THE EFFECTIVE DATE OF
22 THIS ACT WHICH EXPRESSLY PROVIDES THAT IT SHALL BE
23 INTERPRETED PURSUANT TO THE LAW OF THIS COMMONWEALTH AND
24 WHICH EXPRESSLY PROVIDES FOR STATUTORY ARBITRATION.
25 (2) AN AGREEMENT HERETOFORE OR HEREAFTER MADE WHICH
26 EXPRESSLY PROVIDES FOR ARBITRATION PURSUANT TO THE FORMER
27 PROVISIONS OF THE ACT OF APRIL 25, 1927 (P.L.381, NO.248),
28 RELATING TO STATUTORY ARBITRATION.
29 (C) THE ACT OF APRIL 25, 1927 (P.L.381, NO.248), ENTITLED
30 "AN ACT CONCERNING ARBITRATION, AND TO MAKE VALID AND
19790H1873B3650 - 146 -
1 ENFORCEABLE WRITTEN PROVISIONS AND AGREEMENTS FOR THE
2 ARBITRATION OF DISPUTES IN CERTAIN CONTRACTS, INCLUDING
3 CONTRACTS TO WHICH THE STATE OR ANY MUNICIPAL SUBDIVISION
4 THEREOF MAY BE A PARTY; REGULATING THE PROCEDURE UNDER SUCH
5 PROVISIONS AND AGREEMENTS; AND CONFERRING CERTAIN POWERS AND
6 IMPOSING CERTAIN DUTIES UPON THE COURTS WITH REFERENCE THERETO,"
7 IS REPEALED.
8 (D) 20 PA.C.S. § 773 (RELATING TO SUBPOENAS) IS REPEALED.
9 ARTICLE VI
10 MISCELLANEOUS PROVISIONS
11 SECTION 601. APPLICABILITY OF STATUTORY CONSTRUCTION ACT.--
12 THIS ACT IS INTENDED TO INTEGRATE INTO TITLE 42 OF THE
13 PENNSYLVANIA CONSOLIDATED STATUTES ALL RELEVANT LEGISLATION OF
14 THE 1977-1980 GENERAL ASSEMBLIES THROUGH ACT NO.1980-53. THE
15 PROVISIONS OF 1 PA.C.S. § 1952 (RELATING TO EFFECT OF SEPARATE
16 AMENDMENTS ON CODE PROVISIONS ENACTED BY SAME GENERAL ASSEMBLY)
17 AND 1 PA.C.S. § 1974 (RELATING TO EFFECT OF SEPARATE REPEALS ON
18 CODE PROVISIONS BY SAME GENERAL ASSEMBLY) SHALL NOT BE
19 APPLICABLE TO ANY ACT OF THE 1977-1980 GENERAL ASSEMBLIES
20 INSOFAR AS RELATES TO TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED
21 STATUTES. SECTION 41 OF THE ACT OF APRIL 28, 1978 (P.L.202,
22 NO.53), KNOWN AS THE "JUDICIARY ACT REPEALER ACT," IS REPEALED.
23 SECTION 602. EFFECT OF ARTICLE III.--ARTICLE III OF THIS ACT
24 SHALL BE DEEMED A PART OF SECTION 2(A) OF THE ACT OF APRIL 28,
25 1978 (P.L.202, NO.53), KNOWN AS THE "JUDICIARY ACT REPEALER ACT"
26 FOR PURPOSES OF SECTION 3 OF THAT ACT.
27 SECTION 603. EFFECTIVE DATE.--EXCEPT AS OTHERWISE PROVIDED
28 IN THIS ACT, THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
19790H1873B3650 - 147 -
1 SOURCE NOTES
2 FOR ARTICLE II
3 ARTICLE II IS A SUBSTANTIAL REENACTMENT OF THE PROVISIONS
4 CODIFIED THEREBY EXCEPT WHERE OTHERWISE INDICATED IN THE
5 FOLLOWING NOTES:
6 SECTION 212: "COMMONWEALTH AGENCY" SUBSTITUTED FOR
7 "DEPARTMENT, AGENCY, BUREAU, BOARD OR COMMISSION"; "OBTAINED
8 UNDER THIS SUBCHAPTER" ADDED TO 42 PA.C.S. § 8725(A) AND (B),
9 AND "OR OTHERWISE AUTHORIZED BY LAW" ADDED TO 42 PA.C.S. §
10 8725(A).
11 SECTION 213: "MINOR JUDICIARY" SUBSTITUTED FOR "DISTRICT
12 JUSTICES" AND "MAGISTRATES" (AN UNDEFINED TERM) IN 42 PA.C.S. §
13 5947(A), AND "MINOR JUDICIARY OR CORONERS" SUBSTITUTED FOR
14 "DISTRICT JUSTICES" IN § 5947(G)(1).
15 SECTION 216: DEFINITION OF "SUPREME COURT" ADDED TO 42
16 PA.C.S. § 4542; 42 PA.C.S. § 4543(B), 4546(B) AND (C) AND
17 4552(D) MODIFIED TO GIVE EFFECT TO PA.R.A.P. 3331 (REVIEW OF
18 SPECIAL PROSECUTIONS OR INVESTIGATIONS); "EXPENSES" SUBSTITUTED
19 FOR "COSTS" IN 42 PA.C.S. §§ 4544 AND 4553; "PROCEEDINGS"
20 SUBSTITUTED FOR "CASES" IN 42 PA.C.S. § 4551(E); AND SIX MONTHS
21 LIMITATION TRANSFERRED FROM 42 PA.C.S. § 4563.1(C) TO NEW 42
22 PA.C.S. § 5522(B)(4) AS ADDED BY SECTION 221(I).
23 SECTION 218: PROVISION FOR SEAL ADDED TO 42 PA.C.S. §
24 2151(B); PROVISION FOR HOLDING OVER ADDED TO 42 PA.C.S. §
25 2152(B); MAJORITY VOTE LANGUAGE DELETED FROM 42 PA.C.S. §§
26 2152(C), 2153(A) AND 2154 AS SUPPLIED BY 1 PA.C.S. § 1905;
27 "OFFICER OR AGENCY OF THE COMMONWEALTH GOVERNMENT" SUBSTITUTED
28 IN 42 PA.C.S. § 2153(A)(4); "OTHER" DELETED AND "GOVERNMENT
29 UNIT" SUBSTITUTED IN 42 PA.C.S. § 2153(A)(5); FORMER 18 PA.C.S.
30 § 1383 OMITTED AS SUPPLIED BY 42 PA.C.S. § 4101; THE AUTOMATIC
19790H1873B3650 - 148 -
1 EXPIRATION AFTER FOUR YEARS IS NOT EXTENDED TO THE INITIAL
2 APPROPRIATION, PROVISION IS MADE FOR POSSIBLE EXTENSION OF THE
3 LIFE OF THE COMMISSION WITHOUT THE NEED FOR THE FULL REENACTMENT
4 OF 42 PA.C.S. CH. 21F, AND THE EXPIRATION DATE OF FORMER 18
5 PA.C.S. § 1386 (REDESIGNATED 42 PA.C.S. § 9781) IS ELIMINATED.
6 SECTION 221(B): SUPPLIED BY 42 PA.C.S. § 8521.
7 SECTION 221(C): CROSS REFERENCE CONFORMED AND "COMMONWEALTH
8 GOVERNMENT" SUBSTITUTED FOR UNDEFINED TERM "COMMONWEALTH."
9 SECTION 221(D) AND (E): ADDITION TO FORMER 42 PA.C.S. §
10 931(A) OMITTED AS SUPERFLUOUS; BALANCE OF OMITTED MATTER
11 SUPPLIED BY 42 PA.C.S. § 8523 AS ADDED BY THIS SECTION.
12 SECTION 221(F): SUPPLIED BY 42 PA.C.S. § 8521 AS ADDED BY
13 THIS SECTION.
14 SECTION 221(G): SUPPLIED BY SUBCHAPTER 85B AS ADDED BY THIS
15 SECTION.
16 SECTION 221(H) AND (I): DERIVED FROM ACT NO. 1978-152 (42
17 PA.C.S. § 5522), ACT NO. 1978-271, § 14(C) AND ACT NO.1978-330,
18 § 504.
19 SECTION 221(K) AND (L): SUBCHAPTER B SUBSTANTIALLY A
20 REENACTMENT OF 42 PA.C.S. §§ 931(B) AND (C), 5110 AND 5111.
21 SUBCHAPTER C SUBSTANTIALLY A REENACTMENT OF ACT NO. 1978-330.
19790H1873B3650 - 149 -
1 SOURCE AND DISPOSITION NOTES
2 FOR ARTICLE III
3 ACT REPEALED SECTION UNOFFICIAL CITATION SUPERSEDING
4 OR AFFECTED OF BILL OF AFFECTED STATUTE PROVISION OF
5 (PROVISIONS MARKED TITLE 42
6 WITH (*) REPEALED
7 IN PART)
8 NO. 1977-25 301 7 P.S. § 6113(D) 763, 1722(A)
9 (1), 5105(A)
10 (2), 5571
11 NO. 1977-30 302 43 P.S. § 260.9A 1722(A)(1),
12 1725, 1726,
13 8501
14 NO. 1977-38 303 40 P.S. § 1141-401(F)* 763, 1722(A)
15 (1), 5105(A)
16 (2)
17 40 P.S. § 1141-606 1722(A)(1),
18 5322(A)(6),
19 5323
20 40 P.S. § 1141-607* 1722(A)(1)
21 40 P.S. § 1141-608 763, 1722(A)
22 (1), 5105(A)
23 (2)
24 NO. 1977-48 304 72 P.S. § 5350* 762, 933,
25 1722(A)(1)
26 5105(A), 5571
27 NO. 1978-3 305 73 P.S. § 1885* 761, 931,
28 1722(A)(1)
29 NO. 1978-36 306 53 P.S. § 46724* 933, 5571
30 NO. 1978-45 307 16 P.S. § 11301 1725, ACT NO.
19790H1873B3650 - 150 -
1 142, § 24(A)
2 NO. 1978-52 308 53 P.S. § 6780-52* 722(6), 931,
3 1722(A)(1)
4 53 P.S. § 6780-104* 763, 931,
5 5571
6 53 P.S. § 6780-210* 931, 1722(A)
7 (1)
8 53 P.S. § 6780-357(C)* 6103, 6104
9 53 P.S. § 6780-402 763, 1722(A)
10 (1), 5105(A)
11 (2), 5571
12 53 P.S. § 6780-456* 761, 931
13 53 P.S. § 6780-551* 931, 1722(A)
14 (1)
15 53 P.S. § 6780-552* 931, 1722(A)
16 (1)
17 53 P.S. § 6780-553* 761, 762,
18 931, 933,
19 1722(A)(1)
20 53 P.S. § 6780-605 1725, 2737,
21 4301
22 NO. 1978-53 309 15 P.S. § 1015* 5322, 5323
23 72 P.S. § 3250-1(B) 5571
24 15 PA.C.S. § 8129* 5322, 5323
25 42 P.S. NOTE FOLLOWING 3726
26 § 20004
27 NO. 1978-71 310 16 P.S. § 1317 1725, ACT NO.
28 142, § 24(A)
29 NO. 1978-80 311 75 P.S. § 2411* 761, 931,
30 8501
19790H1873B3650 - 151 -
1 75 P.S. § 2412* 931, 1123,
2 1515
3 NO. 1978-93 312 43 P.S. § 1301.305* 2 PA.C.S.
4 43 P.S. § 1301.306* 1726
5 43 P.S. § 1301.307* 8501 (8502)
6 43 P.S. § 1301.503* 2 PA.C.S.
7 43 P.S. § 1301.601* 2 PA.C.S.
8 NO. 1978-101 313 17 P.S. § 447.1 1725, ACT NO.
9 142, § 24(A)
10 NO. 1978-102 314 17 P.S. § 1500.3* 3502, 3503
11 NO. 1978-116 315 66 PA.C.S. § 902 1726
12 NO. 1978-140 316 43 P.S. § 1314* 761, 931
13 43 P.S. § 1315 24 PA.C.S.
14 § 8533(B)
15 42 PA.C.S.
16 § 8124(B)(2)
17 71 PA.C.S.
18 § 5953(A)(2)
19 NO. 1978-143 317 40 P.S. § 245* 2 PA.C.S.
20 NO. 1978-166 318 32 P.S. § 679.503* 5105(A)(2)
21 5571
22 NO. 1978-167 319 32 P.S. § 680.9* 2 PA.C.S.
23 32 P.S. § 680.10* 761, 931
24 32 P.S. § 680.15* 1722(A)(1)
25 8501 (8502)
26 NO. 1978-169 320 71 P.S. § 1199.3* 761, 763,
27 5105(B),
28 5571, CONST.
29 ART V, § 9.
30 71 P.S. § 1199.4* 45 PA.C.S.
19790H1873B3650 - 152 -
1 NO. 1978-192 321 71 P.S. § 512* 761, 763
2 NO. 1978-248 322 40 P.S. § 1008.10* 761, 931,
3 8501 (8502)
4 NO. 1978-255 323 7 P.S. § 6456* ACT, § 213
5 7 P.S. § 6458* ACT, § 213
6 NO. 1978-260 324 42 PA.C.S. § 761* --
7 42 P.S. § 20002(H)* --
8 NO. 1978-274 325 71 P.S. § 1190.22* 501
9 71 P.S. § 1190.23* 761, 931
10 NO. 1978-280 326 40 P.S. § 1817* 761(A)(3)
11 NO. 1978-296 327 35 P.S. § 750.13* 931, 1123,
12 1515, 3573(C)
13 (2)
14 NO. 1978-299 328 68 P.S. § 399.3* 761, 931
15 68 P.S. § 399.14* 562, 761,
16 912, 931,
17 1722(A)(1),
18 8501 (8502)
19 68 P.S. § 399.15* 1726
20 68 P.S. § 399.18* 1726
21 NO. 1978-314 329 58 P.S. § 456* 2 PA.C.S.
22 NO. 1978-319 330 18 PA.C.S. § 1386(G) 1722(A)(1)
23 NO. 1978-324 331 50 P.S. § 7110(D) 1725, ACT NO.
24 142, § 24(A)
25 50 P.S. § 7407* 931, 1722(A)
26 (1)
27 NO. 1978-325 332 32 P.S. § 693.16(C) 931, 1515
28 32 P.S. § 693.19* 761, 931,
29 1722(A)(1)
30 32 P.S. § 693.20* 761, 931,
19790H1873B3650 - 153 -
1 1722(A)(1)
2 32 P.S. § 693.21* 1725, ACT NO.
3 142, § 24(A)
4 32 P.S. § 693.23* 931, 1123,
5 1515
6 NO. 1978-330 333 53 P.S. § 5311.101 SHORT TITLE
7 53 P.S. § 5311.101 8501
8 53 P.S. § 5311.201 8541
9 53 P.S. § 5311.202 8542
10 53 P.S. § 5311.301 8545
11 53 P.S. § 5311.302 8546
12 53 P.S. § 5311.303 8547
13 53 P.S. § 5311.304 8548
14 53 P.S. § 5311.305 1722(A)(1);
15 ACT § 333
16 53 P.S. § 5311.306 8549
17 53 P.S. § 5311.307 8550
18 53 P.S. § 5311.401 8553(A)
19 53 P.S. § 5311.402 8553(B)
20 53 P.S. § 5311.403 8553(C)
21 53 P.S. § 5311.404 ACT § 333;
22 SEE
23 PA.R.CIV.P.
24 238
25 53 P.S. § 5311.405 8553(D)
26 53 P.S. § 5311.501 931
27 53 P.S. § 5311.502 1722(A)(1);
28 ACT § 333
29 53 P.S. § 5311.503 5522(A)
30 53 P.S. § 5311.504 5522
19790H1873B3650 - 154 -
1 53 P.S. § 5311.505 8557
2 53 P.S. § 5311.506 762(A)(7)
3 53 P.S. § 5311.601 1722(A)(1)
4 53 P.S. § 5311.602 8558
5 53 P.S. § 5311.603 8559
6 53 P.S. § 5311.701 8564(A)
7 53 P.S. § 5311.702 8564(B)
8 53 P.S. § 5311.703 8564(C)
9 53 P.S. § 5311.704 8564(D)
10 53 P.S. § 5311.705 8564(E)
11 53 P.S. § 5311.706 8563(A)
12 53 P.S. § 5311.707 8563(B)
13 53 P.S. § 5311.801 OMITTED
14 53 P.S. § 5311.802 REPEALER
15 53 P.S. § 5311.803 EFFECTIVE
16 DATE
17 NO. 1978-334 334 71 P.S. § 205* 6109
18 NO. 1979- 5 335 7 P.S. § 6514* 761, 931
19 NO. 1979- 48 336 35 P.S. § 448.507* 763;
20 2 PA.C.S.
21 § 704
22 35 P.S. § 448.603* 761, 763
23 35 P.S. § 448.802 8501 (8502)
24 NO. 1980- 48 337 __ P.S. § _______* 761,931
19790H1873B3650 - 155 -
1 SOURCE NOTES
2 FOR 42 PA.C.S. CH. 73 (RELATING TO ARBITRATION)
3 (PREPARED BY PENNSYLVANIA BAR ASSOCIATION)
4 42 PA.C.S. § 7301: PATTERNED AFTER UNIFORM ARBITRATION ACT,
5 (1955) § 23.
6 42 PA.C.S. § 7302: COMPARE ACT OF APRIL 25, 1927 (P.L.381,
7 NO.248), § 16 (5 P.S. § 176). SUBSECTION (C) IS INTENDED AS A
8 CODIFICATION OF PENNSYLVANIA TURNPIKE COMMISSION V. SANDERS AND
9 THOMAS, INC., 461 PA. 420, 336 A.2D 609 (1975). SUBSECTION (D)
10 IS INTENDED TO PRESERVE WITHOUT CHANGE THE SCOPE OF REVIEW WHICH
11 PRESENTLY EXISTS OVER AWARDS OF ARBITRATORS SUCH AS THOSE
12 APPOINTED UNDER THE ACT OF JUNE 24, 1968 (P.L.237, NO.111) (43
13 P.S. § 217.1 ET SEQ.). SEE ACT OF APRIL 25, 1927 (P.L.381,
14 NO.248), § 11(D) (5 P.S. § 171(D)).
15 42 PA.C.S. § 7303: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
16 1. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 1 (5 P.S.
17 § 161).
18 42 PA.C.S. § 7304: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
19 2. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), §§ 2 AND 3
20 (5 P.S. §§ 162 AND 163).
21 42 PA.C.S. § 7305: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
22 3. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 4 (5 P.S.
23 § 164).
19790H1873B3650 - 156 -
1 42 PA.C.S. § 7306: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
2 4. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), §§ 8 AND 18
3 (5 P.S. §§ 168 AND 178).
4 42 PA.C.S. § 7307: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
5 5. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 6 (5 P.S.
6 § 166).
7 42 PA.C.S. § 7308: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
8 6.
9 42 PA.C.S. § 7309: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
10 7. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), §§ 6 AND 7
11 (5 P.S. §§ 166 TO 167).
12 42 PA.C.S. § 7310: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
13 8. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 8 (5 P.S.
14 § 168).
15 (42 PA.C.S. § 7311: PATTERNED AFTER UNIFORM ARBITRATION ACT,
16 § 9.
17 42 PA.C.S. § 7312: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
18 10.
19 42 PA.C.S. § 7313: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
20 11. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 9 (5 P.S.
21 § 169).
22 42 PA.C.S. § 7314: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
19790H1873B3650 - 157 -
1 12. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 10 (5
2 P.S. § 170).
3 42 PA.C.S. § 7315: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
4 13. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 11 (5
5 P.S. § 171).
6 42 PA.C.S. § 7316: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
7 14. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 12 (5
8 P.S. § 172).
9 42 PA.C.S. § 7317: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
10 16. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), §§ 5 AND 13
11 (5 P.S. §§ 165 AND 173).
12 42 PA.C.S. § 7318: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
13 17. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 18 (5
14 P.S. § 178).
15 42 PA.C.S. § 7319: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
16 18. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 18 (5
17 P.S. § 178).
18 42 PA.C.S. § 7320: PATTERNED AFTER UNIFORM ARBITRATION ACT, §
19 19. COMPARE ACT OF APRIL 25, 1927 (P.L.381, NO.248), § 14 (5
20 P.S. § 174).
I4L18CVV/19790H1873B3650 - 158 -