PRINTER'S NO. 1060
No. 929 Session of 1985
INTRODUCED BY SWEET, FOX, DAWIDA, STABACK, CIMINI, PRESSMANN,
KOSINSKI, DALEY, BELFANTI, ANGSTADT, COLAFELLA, HONAMAN,
MILLER, AFFLERBACH, FATTAH, GODSHALL, MICHLOVIC, KUKOVICH,
LESCOVITZ, SCHULER, GAMBLE, HERSHEY, J. L. WRIGHT, ITKIN,
GREENWOOD, BALDWIN, DeWEESE, BOOK, BARLEY, WOZNIAK,
LASHINGER, PRATT, TRELLO, PISTELLA, COY, KASUNIC, DEAL,
OLASZ, CORNELL, MAYERNIK, GEIST, RYBAK, MERRY, REBER,
HAGARTY, CORDISCO, BOWSER, SCHEETZ, O'DONNELL, BELARDI, POTT,
BURD, FISCHER, DISTLER AND McVERRY, APRIL 16, 1985
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 16, 1985
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for community
3 public service programs ordered by district justices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1517. Community public service program.
9 (a) General rule.--A district justice may, upon hearing the
10 facts of a case, admit to the adjudication alternative
11 authorized by this section, persons charged with misdemeanors of
12 the third degree or summary offenses within the jurisdiction of
13 the district justice. Where applicable, the defendant shall be
14 required to waive his rights to a speedy trial. The defendant
15 shall not be required to plead guilty to be accepted by the
1 district justice into the program.
2 (b) Public service programs.--A district justice may, in
3 lieu of making a disposition, authorize an offender to
4 participate in a program in which an agency or organization is
5 willing to assume supervision or placement responsibility for
6 the offender. The program in general shall be approved by the
7 court of common pleas of the judicial district and the district
8 attorney. The program may include work, counseling, public
9 service, job training, education or other appropriate community
10 service or self-improvement project. The conditions of the
11 program may include the imposition of costs and restitution, the
12 imposition of a reasonable charge relating to the expense of
13 administering the program and any other conditions agreed to by
14 the offender.
15 (c) Completion of program.--Upon successful completion of
16 the program, the district justice shall dismiss the charges and
17 shall relieve the person of the obligation to pay any fine or
18 serve any sentence of imprisonment.
19 (d) Refusal to accept or complete program.--If the person
20 refuses to accept the conditions required by the district
21 justice or fails to complete the program without good cause or
22 violates any condition of the program without good cause, the
23 district justice shall proceed on the charges as provided by
24 law.
25 (e) Immunity.--A district justice and any public service or
26 charitable organization supervising or administering a public
27 service program under this section shall be immune from any
28 civil action for damages brought by a person admitted to the
29 program. Nothing in this section shall be construed to limit or
30 otherwise affect or preclude liability resulting from gross
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1 negligence or intentional misconduct. Reckless, willful or
2 wanton misconduct constitutes gross negligence.
3 (f) Definition.--As used in this section the term "district
4 justice" includes a judge of the Pittsburgh Magistrates Court.
5 Section 2. Section 1515(a)(5)(iii) and (6)(i)(C) of Title 42
6 are repealed insofar as they are inconsistent with this act.
7 Section 3. This act shall take effect in 60 days.
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