PRIOR PRINTER'S NOS. 1189, 1687, 2826 PRINTER'S NO. 3404
No. 1066 Session of 1979
INTRODUCED BY MESSRS. W. D. HUTCHINSON, EARLEY, MUSTO,
ZELLER, NOYE, McKELVEY, THOMAS, E. H. SMITH, ALDEN,
E. R. LYNCH, SIEMINSKI, WEIDNER, DiCARLO, KUKOVICH AND
WACHOB, APRIL 25, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 27, 1980
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to district constables.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definitions of "officer enforcing orders" and
7 "process" in section 102 of Title 42, act of November 25, 1970
8 (P.L.707, No.230), known as the Pennsylvania Consolidated
9 Statutes are amended and a definition is added to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "District constable." A district constable elected or
1 appointed pursuant to Subchapter C of Chapter 29 (relating to
2 district constables).
3 * * *
4 "Officer enforcing orders." Includes:
5 (1) A recorder of deeds when the order affects the
6 ownership of an interest in property described or describable
7 by a document which has been or may be filed or recorded in
8 his office, or relates to the indexing of documents filed or
9 recorded in his office.
10 (2) A register of wills.
11 (3) A sheriff.
12 (4) A district constable.
13 * * *
14 "Process." A document evidencing a command of a court or a
15 district justice.
16 * * *
17 Section 2. Title 42 is amended by adding a section to read: <--
18 § 1904. District Constable Administrator of Pennsylvania.
19 The Supreme Court shall appoint and may remove a District
20 Constable Administrator of Pennsylvania within the
21 Administrative Office of Pennsylvania Courts.
22 Section 3 2. Chapter 21 of Title 42 is amended by adding a <--
23 subchapter to read:
24 CHAPTER 21
25 JUDICIAL BOARDS AND COMMISSIONS
26 * * *
27 SUBCHAPTER F
28 DISTRICT CONSTABLE EDUCATION BOARD
29 Sec.
30 2151. District Constable Education Board.
19790H1066B3404 - 2 -
1 2152. Composition of board.
2 2153. Organization.
3 2154. Staff.
4 2155. Powers and duties.
5 § 2151. District Constable Education Board.
6 (a) General rule.--The District Constable Education Board
7 shall consist of seven members selected as provided in this
8 subchapter.
9 (b) Seal.--The District Constable Education Board shall have
10 a seal engraved with its name and such other inscription as may
11 be specified by general rule. A facsimile or preprinted seal may
12 be used for all purposes in lieu of the original seal.
13 § 2152. Composition of board.
14 (a) General rule.--The District Constable Education Board
15 shall consist of the following members appointed by the Governor
16 with the consent of a majority of the members elected to the
17 Senate:
18 (1) Three persons who shall be district constables.
19 (2) One person who shall be a district justice.
20 (3) Three other persons.
21 (b) Terms of office.--The members of the board shall serve
22 for terms of five years and until a successor has been appointed
23 and qualified. A vacancy on the board shall be filled for the
24 balance of the term.
25 (c) Compensation.--Members of the board shall be paid $50
26 for each day or part thereof upon which such member attends a
27 board meeting or performs any duty assigned by the chairman.
28 Members shall be reimbursed for reasonable traveling and other
29 accountable expenses incurred incident to such attendance and
30 assigned duty.
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1 § 2153. Organization.
2 Annually the District Constable Education Board shall elect a
3 chairman and other officers of the board, who shall hold office
4 at the pleasure of the board. The board shall act only with the
5 concurrence of a majority of its members.
6 § 2154. Staff.
7 The administrative office shall serve as the administrative
8 officer of the board and as such shall provide such staff
9 assistance as the District Constable Education Board may
10 require.
11 § 2155. Powers and duties.
12 The District Constable Education Board shall exercise the
13 powers and perform the duties vested in and imposed upon the
14 board by Subchapter C of Chapter 29 (relating to district
15 constables) and any other powers and duties vested in and
16 imposed upon the board by law.
17 Section 4 3. Subchapter C of Chapter 29 of Title 42 is <--
18 amended by amending the subchapter heading and adding sections
19 to read:
20 CHAPTER 29
21 OFFICERS SERVING PROCESS AND ENFORCING ORDERS
22 * * *
23 SUBCHAPTER C
24 DISTRICT CONSTABLES
25 [(Reserved)]
26 Sec.
27 2941. Election.
28 2942. Qualifications for office.
29 2943. Vacancies.
30 2944. Compatible and incompatible offices and activities.
19790H1066B3404 - 4 -
1 2945. Education and training.
2 2946. Deputy district constables.
3 2947. Bonds.
4 ADMINISTRATIVE AND FINANCIAL MATTERS
5 2951. Local administrator. <--
6 2952 2951. Priority of district constable business. <--
7 2953 2952. Policies and procedures relating to fees. <--
8 2954 2953. Records. <--
9 2955 2954. Registration and identification cards. <--
10 2956 2955. Uniforms. <--
11 2957 2956. Compensation and expenses generally. <--
12 2958 2957. Specific fees. <--
13 2959 2958. Fee assessment. <--
14 2960 2959. Distribution of process outside the judicial <--
15 district.
16 POWERS AND DUTIES
17 2965. Service of process.
18 2966. Police powers in certain municipalities.
19 2967. Transportation of prisoners and mental patients.
20 2968. Protection of district justice.
21 2969. Election day powers.
22 2970. Acceptance of security.
23 2971. Unlawful acts relative to district constables.
24 2972. Recovery of certain vehicle registration cards and plates
25 and licenses.
26 2973. Authority to carry and use a firearm.
27 § 2941. Election.
28 There shall be one district constable elected for a term of
29 six years from each magisterial district. The provisions of this
30 title relating to district constables shall apply throughout
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1 this Commonwealth except in the first judicial district.
2 § 2942. Qualifications for office.
3 (a) General requirements.--Each candidate for the office of
4 district constable shall be a citizen of this Commonwealth and
5 at least 18 years of age and shall be a resident of the
6 magisterial district in which he seeks election or appointment.
7 (b) Physical and mental examination.--Every district
8 constable shall pass a physical and mental examination prior to
9 receiving his commission. The standards for and contents of such
10 examination shall be established by the District Constable
11 Education Board.
12 § 2943. Vacancies.
13 (a) Disqualification and removal from office.--
14 (1) A person convicted of a felony or misdemeanor shall
15 be disqualified from filing for or holding the office of
16 district constable.
17 (2) A district constable convicted of a felony or
18 misdemeanor while in office shall be suspended from his
19 duties upon initial conviction. The suspension shall result
20 in immediate removal from office if the conviction is
21 affirmed on appeal and the resulting vacancy shall be filled
22 pursuant to subsection (b). If the district constable is
23 acquitted, the suspension shall be vacated.
24 (3) A district constable may be removed from office by
25 the president judge of the judicial district embracing the
26 magisterial district in which the district constable was
27 elected or appointed if after a hearing the district
28 constable is found to be incompetent or negligent in
29 performance of his duties including, but not limited to,
30 refusal to serve process within a reasonable time for the
19790H1066B3404 - 6 -
1 district justice in his magisterial district.
2 (b) Filling of vacancies.--If the office of district
3 constable becomes vacant for any reason, the district justice of <--
4 the magisterial district in which the vacancy exists shall
5 appoint, with the approval of the president judge of the
6 judicial district ENCOMPASSING THE MAGISTERIAL DISTRICT IN WHICH <--
7 THE VACANCY EXISTS SHALL APPOINT a qualified person to fill the
8 vacancy giving first consideration to the deputy district
9 constables of the magisterial district. The person appointed
10 shall hold office until the first Monday in January after the
11 municipal election occurring more than 60 days after the vacancy
12 occurs, at which election an eligible person shall be elected
13 for the unexpired term.
14 § 2944. Compatible and incompatible offices and activities.
15 (a) Compatible activities.--Nothing in this title or any
16 other statute shall be construed to prohibit a district
17 constable in his capacity as a private citizen from engaging in
18 the following activities:
19 (1) School security duties.
20 (2) Municipal security duties.
21 (3) Traffic duty at special events.
22 (b) Incompatible offices and activities.--The following
23 offices and activities are incompatible with the office of
24 district constable and deputy district constable:
25 (1) District attorney.
26 (2) Assistant district attorney.
27 (3) Sheriff.
28 (4) Deputy sheriff.
29 (5) County treasurer.
30 (6) Any election officer.
19790H1066B3404 - 7 -
1 (7) Any officer of a political party.
2 (8) Private detective.
3 (9) Police officer except as provided in section 2966
4 (relating to police powers in certain municipalities).
5 (10) Any other position in the unified judicial system.
6 (11) Private collection agent.
7 (12) Bail bondsman.
8 (13) Constable.
9 § 2945. Education and training.
10 (a) Course of instruction.--(1) EVERY district constable <--
11 shall complete a course of training and instruction in the
12 duties of his office as prescribed by the District Constable
13 Education Board and shall successfully pass an examination prior
14 to assuming the duties of office if elected or within nine
15 months after being elected or upon taking office pursuant to an
16 appointment to fill a vacancy. The Administrative Office shall
17 make the course of instruction available at such times as
18 determined by it and the board so as to insure that any district
19 constable to be elected or appointed may qualify to assume
20 office as soon as possible. The board shall direct the
21 Administrative Office to conduct the course at such times, at
22 such places and in such manner as it shall prescribe.
23 (2) ANY PERSON WHO HAS SIX CONSECUTIVE YEARS OF SERVICE <--
24 AS A CONSTABLE PRIOR TO BEING ELECTED OR APPOINTED A DISTRICT
25 CONSTABLE OR DEPUTY CONSTABLE SHALL BE EXEMPT FROM THIS
26 SUBSECTION.
27 (b) Admission of interested persons.--In addition to those
28 persons required by this subchapter to complete the course of
29 training and instruction and successfully pass an examination,
30 any interested person may apply to the Administrative Office to
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1 be enrolled in the course of instruction and take the
2 examination, subject to such regulations as the Administrative
3 Office with the approval of the board may determine. Such
4 regulations shall include but not be limited to a reasonable fee
5 for the instruction or examination. The fee shall be reimbursed
6 if the person is elected or appointed to the office of district
7 constable within one year after successful completion of the
8 course.
9 (c) Regulations.--The Administrative Office of Pennsylvania
10 Courts shall, with the approval of the board, have the power to
11 promulgate such regulations as are necessary to carry out its
12 duties under this subchapter.
13 (d) Completion of course.--Upon the successful completion of
14 the course of training and instruction and examination, the
15 Administrative Office shall issue a certificate in the form
16 prescribed by the board, certifying that such person is
17 qualified to perform his duties as required by this subchapter.
18 Such certificate shall be filed in the office of the clerk of
19 the court of common pleas of the judicial district embracing the
20 magisterial district for which the district constable was
21 elected or appointed. If an elected or appointed district
22 constable fails to obtain and file such certificate in the
23 proper office within nine months after his election or
24 appointment, his office of district constable shall become
25 vacant and such vacancy shall be filled as provided in section
26 2943 (relating to vacancies).
27 (e) Firearms training.--
28 (1) Every district constable shall complete a course of
29 training and instruction in the use of firearms as prescribed
30 by the board and shall successfully pass an examination
19790H1066B3404 - 9 -
1 within one year after his election or appointment in order to
2 carry or use a firearm in the performance of his duties. A
3 district constable may carry and use a firearm during the one
4 year period while pursuing the course of instruction upon
5 receipt of written approval of the president judge of the
6 judicial district.
7 (2) The course of instruction shall include at least 35
8 hours of training provided by the State Police or at a school
9 certified by the State Police for such purposes consistent
10 with the training program provided under the act of October
11 10, 1974 (P.L.705, No.235), known as the "Lethal Weapons
12 Training Act."
13 (3) The Administrative Office may waive the requirements
14 of paragraphs (1) and (2) or any portion thereof if the
15 district constable demonstrates that he has taken and
16 successfully completed a comparable training program.
17 (4) Every district constable shall complete a continuing
18 firearms education program as prescribed by the board.
19 (f) Continuing education requirement.--Every district
20 constable shall complete a continuing education program as
21 prescribed by the board.
22 (g) Costs.--The cost of training and instruction and all
23 other education programs and examinations required by this
24 subchapter shall, notwithstanding subsection (a), be paid by the
25 Commonwealth.
26 § 2946. Deputy district constables.
27 (a) Appointment.--A district constable may request, upon a
28 demonstration of need, authorization from the president judge to
29 approve the appointment of a maximum of four deputies. The
30 district constable may appoint such deputies with the approval
19790H1066B3404 - 10 -
1 of the president judge.
2 (b) Qualifications.--A deputy district constable shall be
3 subject to the same standards required of an elected district
4 constable and shall present evidence of having met those
5 requirements prior to receiving his commission. A deputy so
6 appointed shall be the agent of the district constable and shall
7 be regulated and supervised by the district constable and may be
8 removed by him for just cause.
9 (c) Powers and duties.--A deputy district constable shall
10 have the same powers and duties as a district constable except
11 that the deputy may not nominate for appointment another deputy
12 nor may he exercise the powers authorized in section 2966
13 (relating to police powers in certain municipalities). A DEPUTY <--
14 DISTRICT CONSTABLE SHALL BE RESPONSIBLE TO AND UNDER THE DIRECT
15 SUPERVISION OF THE DISTRICT CONSTABLE WHO APPOINTED HIM. ALL
16 CIVIL, CRIMINAL AND ADMINISTRATIVE PROCESS SERVED BY A DEPUTY
17 DISTRICT CONSTABLE SHALL BE ASSIGNED TO THE DEPUTY BY THE
18 DISTRICT CONSTABLE. IN NO EVENT SHALL PROCESS BE DIRECTLY
19 ASSIGNED TO A DEPUTY FOR SERVICE WITHOUT SUCH ASSIGNMENT BEING
20 APPROVED BY THE DISTRICT CONSTABLE.
21 (d) Deputy constables for election day duties.--
22 Notwithstanding the limitations imposed by this section on the
23 appointment of deputy district constables, at the request of the
24 county board of elections a district constable may appoint
25 without court approval one special deputy district constable per
26 election district to perform appropriate duties at the polling
27 place on election day. Such special deputies powers shall extend
28 only to those powers granted to district constables generally
29 regarding elections and their appointment shall expire at the
30 completion of the counting of the votes in the precinct. Special
19790H1066B3404 - 11 -
1 deputy district constables for election day duty shall not be
2 subject to the requirements of section 2945 (relating to
3 education and training).
4 § 2947. Bonds.
5 Every district constable and deputy district constable shall
6 give bond to the Commonwealth with a surety approved by the
7 court in the amount determined by the president judge. Such bond
8 shall be filed with the clerk of the court of common pleas of
9 the judicial district embracing the magisterial district for
10 which the district and deputy district constable are elected or
11 appointed and shall be conditioned on the just and faithful
12 discharge by the district constable and deputy district
13 constable of the duties of his office. Such bond shall be held
14 for the use and benefit of all persons who may sustain injury
15 from the district constable and his deputies in their official
16 capacity by reason of neglect or improper performance of duty.
17 Such bond shall be paid for by the county.
18 ADMINISTRATIVE AND FINANCIAL MATTERS
19 § 2951. Local administrator. <--
20 (a) The president judge of each judicial district may
21 appoint or direct a suitable person, who may be a district
22 constable, to serve as local administrator of the district
23 constable system within the judicial district.
24 (b) In addition, the president judge of each judicial
25 district may establish a central office for district constables
26 to provide for the efficient and equitable distribution of work.
27 § 2952 2951. Priority of district constable business. <--
28 A district constable shall devote the time necessary for the
29 prompt and proper disposition of the business of his office,
30 which shall be given priority over any other occupation,
19790H1066B3404 - 12 -
1 business, profession, pursuit or activity.
2 § 2953 2952. Policies and procedures relating to fees. <--
3 The District Constable Administrator SUPREME COURT of <--
4 Pennsylvania shall establish policies and procedures for the
5 collection and payment of district constables fees. Such
6 procedures shall include but not be limited to providing
7 adequate auditing and accounting procedures as to fines, costs
8 and fees paid to and collected by district justices, district
9 constables and deputy district constables. Fees shall be as
10 provided in section 2957 2956 (relating to compensation and <--
11 expenses generally).
12 § 2954 2953. Records. <--
13 Every district constable shall maintain accurate records
14 regarding all the functions performed by him and his deputies.
15 Such records shall be open for inspection by the District
16 Constable Administrator and the president judge and local
17 administrator of the judicial district, if any, and as otherwise
18 provided or prescribed by law. The District Constable <--
19 Administrator SUPREME COURT OF PENNSYLVANIA shall prescribe the <--
20 records to be maintained.
21 § 2955 2954. Registration and identification cards. <--
22 Every district constable and deputy district constable shall
23 be registered and shall carry with him while on official duties
24 an identification card issued by the Administrative Office.
25 § 2956 2955. Uniforms. <--
26 A district constable may wear a uniform when engaged in the
27 duties of his office. A district constable shall not wear his
28 uniform when acting in a private capacity. The Administrative
29 Office shall prescribe the specifications for a standard
30 district constable uniform.
19790H1066B3404 - 13 -
1 § 2957 2956. Compensation and expenses generally. <--
2 (a) Compensation of district constables.--A district
3 constable shall be compensated for his services by the payment
4 of fees authorized pursuant to this section and section 2958 <--
5 2957 (relating to specific fees).
6 (b) Compensation of deputy district constables.--A deputy
7 district constable shall be compensated for his services
8 pursuant to agreements made with the district constable. The
9 district constable shall be entitled to receive all fees payable
10 as a result of services performed by his deputies and such
11 district constable shall be responsible for the payment of
12 compensation to his deputies pursuant to their agreement. The
13 district constable shall compensate the deputy not less than 75%
14 of the fee collected for the services performed. Compensation
15 payable to a deputy shall be paid to him within the month
16 following payment to the district constable for the service
17 performed.
18 (c) Form of payment.--A district constable is authorized to
19 accept cash, check or money order in payment for his services. A
20 receipt shall be provided for any payment received.
21 (d) Additional hourly compensation.--In addition to the fees
22 authorized in section 2958 2957 for specific services, the <--
23 Administrative Office may promulgate regulations authorizing
24 payment to district constables at an hourly rate not to exceed
25 $7.50 per hour for designated services and functions not
26 otherwise covered but otherwise provided for in this title.
27 (e) Payment for travel.--
28 (1) A district constable shall be compensated a minimum
29 fee of $1.70 for mileage or for actual mileage traveled at
30 the rate of 17¢ per mile, whichever is greater. Actual
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1 mileage traveled shall be computed using the office of the
2 district justice as the starting point and computing the
3 distance from the prescribed office to the first stop made by
4 the district constable and by adding the distance from the
5 first stop to the second stop and so forth to all subsequent
6 stops. The ending point shall be the district justice's
7 office.
8 (2) A district constable shall be compensated for other
9 travel expenses not to exceed accountable expenses if travel
10 is by means other than motor vehicle.
11 (f) Multiple service of process.--In criminal and civil
12 cases when multiple processes are served, a district constable
13 shall be paid for each process served even though service may be
14 performed at one time. The district constable shall be paid only
15 one mileage or expense fee, except in those instances when
16 multiple trips are required and approved by the court or the
17 district justice.
18 (g) Services performed by more than one district
19 constable.--When a service is performed by more than one
20 district constable or deputy district constable under
21 authorization of the president judge or the local administrator, <--
22 compensation shall be payable as provided in section 2958 2957 <--
23 TO EACH DISTRICT CONSTABLE OR DEPUTY DISTRICT CONSTABLE.
24 (h) Service of process by mail.--When service of process is
25 authorized and made by mail, the costs of postage shall be
26 imposed upon the party instituting the action or proceeding.
27 Such costs shall be recoverable as other costs.
28 (i) Payment for services performed.--A district constable
29 shall be compensated according to the fees provided for in this
30 title by the court within 30 days from the time the court has
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1 received payment for the service performed. Neither the
2 governing authority nor any court or district justice shall
3 suspend the fee for the service performed by the district
4 constable and in cases where the fee is not collected within 90
5 days of the performance of the service it shall be paid by the
6 county.
7 § 2958 2957. Specific fees. <--
8 The fees to be charged and received by district constables
9 shall be as follows:
10 (1) The sum of $12 for performing any of the following
11 services:
12 (i) Executing a warrant on behalf of the
13 Commonwealth or a political subdivision thereof.
14 (ii) Taking a defendant before the district justice
15 for purposes of making bail.
16 (iii) Taking a defendant before an issuing authority
17 where the defendant does not have money to pay, or no
18 fine or costs are stated on warrant or for arraignment.
19 (iv) Conveying defendants to jail on mittimus or
20 warrants or order of judiciary or because judiciary is
21 not available.
22 (v) Taking a defendant before the district justice
23 from prison or jail.
24 (vi) Serving order of possession.
25 (vii) Executing a search warrant and making return.
26 (2) The sum of $6 for performing any of the following
27 services:
28 (i) Executing discharge to jailer.
29 (ii) Accepting security in a summary case unless
30 given at the time of and in connection with the service
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1 of a warrant.
2 (3) The following amounts for performing the following
3 services:
4 (i) Transporting a prisoner from another judicial
5 district to the issuing authority within the district
6 constable's judicial district for hearing or arraignment,
7 the sum of $20 per district constable if within 50 miles
8 or $50 per district constable if over 50 miles.
9 (ii) Appearance as a witness at a hearing on a
10 summary citation or a misdemeanor case, the sum of $7.50
11 per hour or fraction thereof, with a minimum of one hour.
12 (iii) Appearance in court when subpoenaed or
13 summoned, the sum of $7.50 per hour or fraction thereof,
14 with a minimum of one hour.
15 (iv) Service of an order of execution, the sum of
16 $7.50.
17 (v) In those instances where a service is performed
18 by more than one district constable or with the
19 assistance of deputies, each district constable or deputy
20 shall be compensated at the fee provided for that
21 service.
22 (vi) Serving subpoena, in all cases, or judicial
23 notice to hearing in any civil case, the sum of $6 for
24 the first witness or defendant, plus $2 for each
25 additional witness or defendant at the same address.
26 (vii) Levying on goods, including schedule of
27 property levied upon and set aside each address, the sum
28 of $20.
29 (viii) Posting notice of levy each address levied,
30 $5 per notice, no more than three notices.
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1 (ix) Posting sale notice, each notice $5, a maximum
2 not to exceed $10.
3 (x) Advertising sale of personal property of
4 defendant by posting of handbills, the sum of $5.
5 (xi) Clerk at sale, the sum of $15.
6 (xii) Holding sale, 3% on all proceeds or $20,
7 whichever is greater.
8 (xiii) Forcing ejectment on order for possession,
9 the sum of $30.
10 (xiv) Making return of not found on any process
11 which shall be certified by the district constable or
12 deputy district constable, the sum of $2.
13 (xv) Transporting mental patients within the
14 judicial district the sum of $10, or if outside the
15 judicial district, the sum of $20.
16 (xvi) Recovering an expired, suspended or revoked
17 vehicle registration or license, the flat sum of $9
18 without a mileage fee attached.
19 § 2959 2958. Fee assessment. <--
20 An additional $2 fee shall be charged to all persons on whom
21 process is successfully served, unless acquitted, which fee
22 shall be transmitted as follows:
23 (1) One dollar to the Commonwealth's General Fund.
24 (2) One dollar to the county in which the district
25 constable who served the process is located. The county shall
26 use such funds as reimbursement for the expenses of judicial
27 administration. including the operating costs of the district <--
28 constable office.
29 The fee imposed by this section shall not be suspended.
30 § 2960 2959. Distribution of process outside the judicial <--
19790H1066B3404 - 18 -
1 district.
2 A district justice may transfer process for service on
3 persons or entities residing in another judicial district to the
4 appropriate local district constable administrator or, if no
5 local district constable administrator has been appointed, to
6 the appropriate district constable, EXCEPT UNDER THE <--
7 CIRCUMSTANCES ENUMERATED IN SECTION 2965(E) (RELATING TO SERVICE
8 OF PROCESS). Process for service in the first judicial district
9 the district justice may be transferred to the president judge
10 of the municipal court or the traffic court for distribution for
11 service.
12 POWERS AND DUTIES
13 § 2965. Service of process.
14 (a) General power--A district constable is authorized to
15 serve and execute any lawful process issued by a district
16 justice or any other lawful civil, criminal or administrative
17 process.
18 (b) Governing authority to promulgate rules.--The governing
19 authority shall promulgate procedural rules relating to the
20 service of process issued by the court of common pleas and
21 district justices and the service of process by mail.
22 (c) Civil and administrative process.--A district constable
23 is authorized to serve civil and administrative process within
24 the judicial district in which he is elected or appointed
25 regardless of where such process was originally issued.
26 (d) Criminal process.--A district constable is authorized to
27 serve criminal process anywhere in this Commonwealth when the
28 process is issued from his judicial district. A district
29 constable is authorized to serve any criminal process within his
30 judicial district regardless of where such process was
19790H1066B3404 - 19 -
1 originally issued.
2 (e) Transfer of process to district constable.--Unless a <--
3 central office has been established in accordance with section
4 2951 (relating to local administrator), a district justice shall
5 transfer all criminal and civil process emanating from his
6 office to be served within his magisterial district to the
7 district constable elected or appointed for the magisterial
8 district. HOWEVER, THE PENNSYLVANIA STATE POLICE MAY SERVE A <--
9 CRIMINAL PROCESS ARISING OUT OF A CRIMINAL INVESTIGATION IN
10 WHICH IT PARTICIPATES.
11 § 2966. Police powers in certain municipalities.
12 (a) General rule.--A municipality that has no organized
13 municipal police force may formally appoint as a police officer
14 the appropriate district constable as provided by law. A
15 district constable acting pursuant to such appointment shall
16 have all the powers and be subject to the same restraints as a
17 police officer would have in the municipality if it had an
18 organized police force.
19 (b) Certification required.--A district constable shall not
20 perform police duties pursuant to this section unless such
21 district constable has been certified pursuant to the act of
22 June 18, 1974 (P.L.359, No.120), referred to as the Municipal
23 Police Education and Training Law.
24 § 2967. Transportation of prisoners and mental patients.
25 A district constable shall have the authority when directed
26 by a district justice or a court to transport prisoners and
27 mental patients.
28 § 2968. Protection of district justice.
29 Upon the request of and a showing of just cause by the
30 district justice to the court in whose magisterial district the
19790H1066B3404 - 20 -
1 district constable serves, and subject to the approval of the
2 president judge of the judicial district, a district constable
3 shall provide personal protection to the district justice while
4 the district justice is performing his duties.
5 § 2969. Election day powers.
6 Upon request by the county board of elections a district
7 constable shall be present at the polling place in each election
8 district at each primary and election during voting hours, and
9 while the votes are being counted, for the purpose of preserving
10 the peace. For such services the district constable shall
11 receive the same compensation payable to inspectors and clerks
12 as provided for by the act of June 3, 1937 (P.L.1337, No.320),
13 known as the "Pennsylvania Election Code," which shall be paid
14 by the county. A district constable in commission, whether in
15 uniform or in citizens clothes, shall not be within 100 feet of
16 the polling place during the conduct of any primary or election,
17 unless in the exercise of his privilege of voting, or for the
18 purpose of serving warrants or unless called upon to preserve
19 the peace. A district constable while on duty at the polling
20 place may not use or practice any intimidation, threats, force
21 or violence nor in any manner, unduly influence any elector or
22 prevent him from voting or restrain his freedom of choice, nor
23 may any such district constable electioneer or directly or
24 indirectly attempt to influence the election or electors.
25 § 2970. Acceptance of security.
26 A district constable is authorized to accept security for a
27 defendant's appearance before a district justice in summary
28 cases.
29 § 2971. Unlawful acts relative to district constables.
30 A person who forcibly obstructs, resists or opposes a
19790H1066B3404 - 21 -
1 district constable in serving or attempting to serve or execute
2 any legal process or order, or in making a lawful arrest with or
3 without a warrant or assaults a duly authorized district
4 constable, in serving or executing any such legal process or
5 order or because the district constable served or executed the
6 same or rescues another in legal custody commits a misdemeanor
7 of the third degree and shall be subject to arrest on view by a
8 district constable or other authorized peace officer.
9 § 2972. Recovery of certain vehicle registration cards and
10 plates and licenses.
11 A district constable shall have the power and duty to recover
12 expired, suspended or revoked vehicle registration cards and
13 plates and licenses on written order from the Department of
14 Transportation. The department shall notify in writing the
15 appropriate district constable to recover all suspended or
16 revoked vehicle registration cards and plates and licenses.
17 § 2973. Authority to carry and use a firearm.
18 A district constable is authorized to carry and use a firearm
19 in the performance of his duties upon the successful completion
20 of the training requirements set forth in section 2945 (relating
21 to education and training). A district constable shall be
22 subject to the same requirements and statutes provided for
23 police officers in regard to licensing and registration of
24 firearms.
25 Section 5 4. Notwithstanding the provisions of 42 Pa.C.S. § <--
26 2132(b) (relating to terms of office), the initial appointees to
27 the District Constable Education Board shall serve the following
28 terms:
29 (1) One district constable member for three years.
30 (2) Two district constable members for five years.
19790H1066B3404 - 22 -
1 (3) Two other members for three years.
2 (4) One other member for five years.
3 Section 6 5. ANY CONSTABLE NOW IN OFFICE WHO IS THE ONLY <--
4 CONSTABLE WITHIN THE MAGISTERIAL DISTRICT AND WHO MEETS THE
5 REQUIREMENTS OF 42 PA.C.S. § 2942 (RELATING TO QUALIFICATIONS
6 FOR OFFICE) AND § 2945 (RELATING TO EDUCATION AND TRAINING)
7 WITHIN THE TIME LIMITS PRESCRIBED THEREIN SHALL BE DEEMED, FOR
8 PURPOSES OF THIS ACT, TO BE A DISTRICT CONSTABLE AND SHALL BE
9 ENTITLED TO EXERCISE ALL THE RIGHTS, DUTIES, RESPONSIBILITIES
10 AND POWERS IMPOSED ON A DISTRICT CONSTABLE. The initial election
11 for the office of district constable shall take place at the
12 municipal election next following one year from the effective
13 date of this amendatory act.
14 Section 7 6. (a) Except as provided in subsection (b) any <--
15 constable in office on the effective date of this act may
16 complete the remainder of his term, at the completion of which
17 his office is abolished.
18 (b) The office of any constable who shall die, resign,
19 retire, be removed or suspended, or be appointed or elected to
20 the office of district constable, is abolished on the date of
21 such death, resignation, retirement, removal, suspension,
22 appointment or election.
23 (c) Any constable now in office shall not be subject to the
24 provisions of this act, except for 42 Pa.C.S. §§ 2957 2956 <--
25 (relating to compensation and expenses generally) and 2958 2957 <--
26 (relating to specific fees), but shall continue to be subject to
27 those acts or parts of acts listed in section 8(a), until repeal
28 as provided therein.
29 Section 8 7. (a) The following acts or parts of acts shall <--
30 be inapplicable to district constables and are repealed
19790H1066B3404 - 23 -
1 absolutely effective December 31, 1985:
2 Act of March 1, 1799 (3 Sm.L.354, Ch.2012), entitled "A
3 Supplement to the act, entitled 'An act to extend the powers of
4 the Justices of the Peace of this state.'"
5 Sections 12 and 19, act of March 20, 1810 (P.L.208, No.132),
6 entitled "An act to amend and consolidate with its Supplements,
7 the Act entitled 'An act for the recovery of debts and demands,
8 not exceeding one hundred dollars, before a Justice of the
9 Peace, and for the election of constables, and for other
10 purposes.'"
11 Act of January 21, 1814 (P.L.28, No.9), entitled "An act
12 allowing compensation to constables for attending the several
13 courts within this commonwealth."
14 Act of April 24, 1829 (P.L.369, No.216), entitled "A further
15 supplement to the act entitled An act to amend and consolidate
16 with its supplements, the act entitled An act for the recovery
17 of debts and demands not exceeding one hundred dollars before a
18 justice of the peace, and for the election of constables and for
19 other purposes."
20 Sections 107, 108, 109, 110, 111, 112, 113, 114 and 116, act
21 of April 15, 1834 (P.L.537, No.247), entitled "An act relating
22 to counties and townships, and county and township officers."
23 Section 14, act of May 27, 1841 (P.L.400, No.141), entitled
24 "An act relating to the Election of County Treasurers, and for
25 other purposes."
26 Section 19, act of April 22, 1850 (P.L. 549, No.342),
27 entitled "A supplement to an act, entitled 'An Act to prevent
28 waste in certain cases within this commonwealth,' passed the
29 twenty-ninth day of March, one thousand eight hundred and
30 twenty-two; to land and building associations; giving the court
19790H1066B3404 - 24 -
1 of Susquehanna county jurisdiction in a certain case; relative
2 to the service of process in certain cases; to party walls in
3 West Philadelphia; to the proof of a certain will; to the sale
4 and purchase of certain burial grounds in Philadelphia; to the
5 laying of gas pipes in the district of Moyamensing; to the
6 release of certain sureties in Erie county; to the State Lunatic
7 hospital; relative to the service of process against sheriffs;
8 to the rights of married women; to ground rents; and relating to
9 foreign insurance companies."
10 Act of February 14, 1889 (P.L.6, No.5), entitled "An act to
11 authorize the election of constables for three years."
12 Act of May 4, 1889 (P.L.83, No.79), entitled "An act to
13 authorize the election of constables for three years in cities
14 of the second and third class."
15 Act of June 4, 1897 (P.L.121, No.101), entitled "An act
16 relating to boroughs, providing a method of procedure for
17 violations of law and borough ordinances, and for the collection
18 of the fines and penalties imposed for said violations."
19 Act of July 14, 1897 (P.L.266, No.209), entitled "An act to
20 regulate the remuneration of policemen and constables employed
21 as policemen throughout the Commonwealth of Pennsylvania, and
22 prohibiting them from charging or accepting any fee or other
23 compensation, in addition to their salary, except as public
24 rewards and mileage for traveling expenses."
25 Act of February 17, 1899 (P.L.3, No.1), entitled "An act to
26 fix, regulate and establish the fees to be charged and received
27 by constables in this Commonwealth."
28 Act of May 2, 1901 (P.L.131, No.98), entitled "An act to fix,
29 regulate and establish the fees to be charged and received by
30 constables in this Commonwealth for executing an order of relief
19790H1066B3404 - 25 -
1 of a pauper."
2 Act of April 25, 1905 (P.L.309, No.214), entitled "An act
3 authorizing policemen to hold and exercise the office of
4 constables."
5 Act of April 23, 1909 (P.L.151, No.104), entitled "An act
6 fixing the fees to be received by constables in this
7 Commonwealth."
8 Act of June 9, 1911 (P.L.727, No.299), entitled "An act
9 authorizing the election in first class townships of an
10 additional constable, and fixing his term."
11 Act of June 19, 1913 (P.L.534, No.342), entitled "An act
12 relating to appointment of deputy constables."
13 Act of July 20, 1917 (P.L.1158, No.401), entitled "An act to
14 fix, regulate, and establish the fees to be charged and received
15 by constables in this Commonwealth."
16 Act of May 31, 1919 (P.L.357, No.171), entitled "An act
17 relating to the duties of constables in certain counties;
18 prohibiting them from making returns to the court of quarter
19 sessions in certain cases; authorizing the court to direct
20 investigations and reports by constables, and fixing their
21 compensation in such cases."
22 Section 14, act of June 28, 1923 (P.L.903, No.348), entitled
23 "A supplement to an act, approved the fourteenth day of May, one
24 thousand nine hundred and fifteen (Pamphlet Laws, three hundred
25 and twelve), entitled 'An act providing a system for government
26 of boroughs, and revising, amending, and consolidating the law
27 relating to boroughs'; so as to provide a system of government
28 where a borough now has annexed or hereafter shall annex land in
29 an adjoining county, including assessment of property, levying
30 and collection of taxes, making municipal improvements, and
19790H1066B3404 - 26 -
1 filing and collecting of liens for the same; the jurisdiction of
2 courts for the enforcement of borough ordinances and State laws,
3 and primary, general, municipal, and special elections; and
4 repealing inconsistent laws."
5 Act of April 6, 1925 (P.L.155, No.113), entitled "An act
6 providing constables' fees for service of writs in juvenile
7 cases."
8 Act of March 20, 1929 (P.L.32, No.32), entitled "An act
9 providing for the filling of vacancies in the office of
10 constable in any borough, town, ward of any city, borough, or
11 town or township of this Commonwealth."
12 Act of February 28, 1933 (P.L.5, No.3), entitled "An act
13 relating to constables' returns to the court of quarter
14 sessions."
15 Act of May 26, 1943 (P.L.637, No.280), entitled "An act
16 providing that the terms of constables hereafter elected in
17 cities of the second, second class A and third classes, boroughs
18 and townships, shall be for six years."
19 Section 1126, act of February 1, 1966 (1965 P.L.1656,
20 No.581), known as "The Borough Code."
21 Section 18, act of July 9, 1976 (P.L.586, No.142), entitled
22 "An act amending Titles 42 (Judiciary and Judicial Procedure),
23 15 (Corporations and Unincorporated Associations), 18 (Crimes
24 and Offenses) and 71 (State Government) of the Pennsylvania
25 Consolidated Statutes, adding revised, codified and compiled
26 provisions relating to judiciary and judicial procedure,
27 including certain judicially enforceable rights, duties,
28 immunities and liabilities and separately enacting certain
29 related provisions of law."
30 (b) The following acts or parts of acts are repealed insofar
19790H1066B3404 - 27 -
1 as they relate to constables and district constables:
2 Sections 3 and 7, act of March 4, 1824 (P.L.32, No.31),
3 entitled "A supplement to the act entitled 'An act laying a duty
4 on the retailers of Foreign Merchandise.'"
5 Section 9, act of April 12, 1825 (P.L.247, No.132), entitled
6 "An act more effectually to secure the collection of the revenue
7 from tavern licenses, and for other purposes."
8 Sections 107 and 108, act of April 15, 1834 (P.L.537,
9 No.247), entitled "An act relating to counties and townships,
10 and county and township officers."
11 Act of May 3, 1850 (P.L.666, No.390), entitled "An act
12 regulating the municipal and other elections in the city of
13 Philadelphia, and to establish an uniform system of police for
14 the city of Philadelphia and the districts of Southwark,
15 Moyamensing, Spring Garden, Penn Township, the incorporated
16 Northern Liberties and Kensington."
17 Section 17, act of April 3, 1851 (P.L.320, No.218), entitled
18 "An act regulating boroughs."
19 Act of April 21, 1855 (P.L.283, No.297), entitled "An act
20 establishing Fees for Commitments to Houses of Refuge."
21 Act of March 12, 1866 (P.L.182, No.154), entitled "An act
22 relative to duties and powers of constables and railroad
23 conductors, in the counties of Erie, Crawford, Luzerne,
24 Susquehanna and Pike."
25 Act of May 10, 1878 (P.L.51, No.72), entitled "A supplement
26 to an act, entitled 'An act to prescribe the manner in which the
27 courts may divide boroughs into wards,' approved the fourteenth
28 day of May, Anno Domini one thousand eight hundred and seventy-
29 four."
30 Act of April 24, 1885 (P.L.9, No.11), entitled "An act to
19790H1066B3404 - 28 -
1 amend an act, entitled 'An act to provide for the destruction,
2 and to prevent the spread of Canada thistles,' approved the
3 twenty-second day of March, Anno Domini one thousand eight
4 hundred and sixty-two."
5 Section 3, act of May 19, 1887 (P.L.138, No.82), entitled "An
6 act providing for payment of costs in criminal cases by the
7 proper county."
8 Act of February 12, 1889 (P.L.3, No.1), entitled "An act to
9 provide for the commencement of the terms of office of
10 councilmen, constables and school directors in new wards, when
11 erected in cities of the first class under existing laws and
12 where the several wards constitute separate school districts, to
13 provide for the supervision of the public schools in such new
14 wards until the organization of the board of school directors of
15 the new school section, and to provide for the term of
16 councilmen and constables already elected by the voters of the
17 old ward."
18 Section 4, act of May 11, 1927 (P.L.968, No.461), entitled
19 "An act to provide for the licensing and regulation of public
20 dance halls and ballrooms, and for the regulation and
21 supervision of public dances and balls, in townships."
22 Section 2005, act of June 23, 1931 (P.L.932, No.317), known
23 as "The Third Class City Code."
24 Section 1401, act of June 24, 1931 (P.L.1206, No.331), known
25 as "The First Class Township Code."
26 Sections 1207, 1220, 1811, 1821, 1822, act of June 3, 1937
27 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
28 Sections 234, 1121, act of February 1, 1966 (1965 P.L.1656,
29 No.581), known as "The Borough Code."
30 Title 51, section 6108 (relating to liability of public
19790H1066B3404 - 29 -
1 officers for nonexecution of process), act of November 25, 1970
2 (P.L.707, No.230), known as the Pennsylvania Consolidated
3 Statutes.
4 Section 9 8. This act shall take effect in 30 days. <--
D5L19DGS/19790H1066B3404 - 30 -