SENATE AMENDED
PRIOR PRINTER'S NO. 484 PRINTER'S NO. 3775
No. 430 Session of 1985
INTRODUCED BY NOYE, LETTERMAN, BUSH, CARLSON AND SHOWERS,
FEBRUARY 25, 1985
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 25, 1986
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 jurisdiction of district justices, FOR COMMUNITY PUBLIC <--
4 SERVICE PROGRAMS AND FOR ADOPTION OF GUIDELINES FOR
5 SENTENCING.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1515(a)(3) SECTIONS 1515(A)(3), 1520(A) <--
9 AND 2154 of Title 42 of the Pennsylvania Consolidated Statutes
10 is ARE amended to read: <--
11 § 1515. Jurisdiction and venue.
12 (a) Jurisdiction.--Except as otherwise prescribed by general
13 rule adopted pursuant to section 503 (relating to reassignment
14 of matters), district justices shall, under procedures
15 prescribed by general rule, have jurisdiction of all of the
16 following matters:
17 * * *
18 (3) Civil claims, except claims [by or] against a
1 Commonwealth party as defined by section 8501 (relating to
2 definitions), wherein the sum demanded does not exceed
3 $4,000, exclusive of interest and costs, in the following
4 classes of actions:
5 (i) In assumpsit, except cases of real contract
6 where the title to real estate may be in question.
7 (ii) In trespass, including all forms of trespass
8 and trespass on the case.
9 (iii) For fines and penalties by any government
10 agency.
11 A plaintiff may waive a portion of his claim of more than
12 $4,000 so as to bring the matter within the monetary
13 jurisdiction of a district justice. Such waiver shall be
14 revoked automatically if the defendant appeals the final
15 order of the district justice or when the judgment is set
16 aside upon certiorari.
17 * * *
18 Section 2. This act shall take effect in 60 days. <--
19 § 1520. COMMUNITY PUBLIC SERVICE PROGRAM. <--
20 (A) GENERAL RULE.--A DISTRICT JUSTICE MAY, UPON HEARING THE
21 FACTS OF A CASE, ADMIT TO THE ADJUDICATION ALTERNATIVE
22 AUTHORIZED BY THIS SECTION PERSONS CHARGED WITH SUMMARY OFFENSES
23 OR MISDEMEANORS OF THE THIRD DEGREE WITHIN THE JURISDICTION OF
24 THE DISTRICT JUSTICE. WHERE APPLICABLE, THE DEFENDANT SHALL BE
25 REQUIRED TO WAIVE HIS RIGHTS TO A SPEEDY TRIAL. THE DEFENDANT
26 SHALL NOT BE REQUIRED TO PLEAD GUILTY TO BE ACCEPTED BY THE
27 DISTRICT JUSTICE INTO THE PROGRAM. THIS SECTION SHALL NOT APPLY
28 TO SUMMARY OFFENSES OR MISDEMEANORS OF THE THIRD DEGREE
29 PRESCRIBED BY TITLE 75 (RELATING TO VEHICLES).
30 * * *
19850H0430B3775 - 2 -
1 § 2154. ADOPTION OF GUIDELINES FOR SENTENCING.
2 THE COMMISSION SHALL ADOPT GUIDELINES FOR SENTENCING WITHIN
3 THE LIMITS ESTABLISHED BY LAW WHICH SHALL BE CONSIDERED BY THE
4 SENTENCING COURT IN DETERMINING THE APPROPRIATE SENTENCE FOR
5 [FELONIES AND MISDEMEANORS COMMITTED BY A DEFENDANT] DEFENDANTS
6 WHO PLEAD GUILTY OR NOLO CONTENDERE TO, OR WHO WERE FOUND GUILTY
7 OF, FELONIES AND MISDEMEANORS. THE GUIDELINES SHALL:
8 (1) SPECIFY THE RANGE OF SENTENCES APPLICABLE TO CRIMES
9 OF A GIVEN DEGREE OF GRAVITY.
10 (2) SPECIFY A RANGE OF SENTENCES OF INCREASED SEVERITY
11 FOR DEFENDANTS PREVIOUSLY CONVICTED OF [A FELONY OR FELONIES
12 OR CONVICTED OF A CRIME INVOLVING THE USE OF A DEADLY WEAPON]
13 OR ADJUDICATED DELINQUENT FOR:
14 (I) A FELONY OR FELONIES.
15 (II) A MISDEMEANOR OR MISDEMEANORS.
16 (3) SPECIFY A RANGE OF SENTENCES OF INCREASED SEVERITY
17 FOR DEFENDANTS CONVICTED OF A CRIME INVOLVING THE USE OF A
18 DEADLY WEAPON.
19 [(3)] (4) PRESCRIBE VARIATIONS FROM THE RANGE OF
20 SENTENCES APPLICABLE ON ACCOUNT OF AGGRAVATING OR MITIGATING
21 CIRCUMSTANCES.
22 SECTION 2. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
23 (1) SECTION 1520(A) OF TITLE 42 SHALL TAKE EFFECT
24 IMMEDIATELY.
25 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
26 DAYS.
B5L42DGS/19850H0430B3775 - 3 -