PRINTER'S NO. 3231
No. 2336 Session of 1986
INTRODUCED BY DUFFY, MAYERNIK, MRKONIC, PETRONE AND LEVDANSKY,
APRIL 9, 1986
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 9, 1986
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes, adding
3 provisions relating to constables.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "officer enforcing orders" in
7 section 102 of Title 42 of the Pennsylvania Consolidated
8 Statutes is amended and the section is amended by adding a
9 definition 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 "Constable." A constable elected or appointed pursuant to
18 Subchapter C of Chapter 29 (relating to constables) or a deputy
1 constable appointed pursuant to Subchapter C of Chapter 29.
2 * * *
3 "Officer enforcing orders." Includes:
4 (1) A recorder of deeds when the order affects the
5 ownership of an interest in property described or describable
6 by a document which has been or may be filed or recorded in
7 his office, or relates to the indexing of documents filed or
8 recorded in his office.
9 (2) A register of wills.
10 (3) A sheriff.
11 (4) A constable.
12 * * *
13 Section 2. Title 42 is amended by adding a section to read:
14 § 1904. Constable Administrator of Pennsylvania.
15 The Supreme Court shall appoint and may remove a Constable
16 Administrator of Pennsylvania within the Administrative Office
17 of Pennsylvania Courts.
18 Section 3. Chapter 21 of Title 42 is amended by adding a
19 subchapter to read:
20 CHAPTER 21
21 JUDICIAL BOARDS AND COMMISSIONS
22 * * *
23 SUBCHAPTER G
24 CONSTABLE EDUCATION BOARD
25 Sec.
26 2161. Constable Education Board.
27 2162. Composition of board.
28 2163. Organization.
29 2164. Staff.
30 2165. Powers and duties.
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1 § 2161. Constable Education Board.
2 (a) General rule.--The Constable Education Board shall
3 consist of 15 members selected as provided in this subchapter.
4 (b) Seal.--The Constable Education Board shall have a seal
5 engraved with its name and such other inscription as may be
6 specified by general rule. A facsimile or preprinted seal may be
7 used for all purposes in lieu of the original seal.
8 § 2162. Composition of board.
9 (a) General rule.--The Constable Education Board shall
10 consist of the following members appointed by the Governor with
11 the consent of a majority of the members elected to the Senate:
12 (1) Nine persons who shall be constables, three to be
13 appointed from each of the following three districts:
14 (i) The Eastern District, consisting of the counties
15 of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh,
16 Montgomery, Northampton, Philadelphia and Schuylkill.
17 (ii) The Middle District, consisting of the counties
18 of Adams, Bradford, Cameron, Carbon, Centre, Clinton,
19 Columbia, Cumberland, Dauphin, Franklin, Fulton,
20 Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne,
21 Lycoming, Mifflin, Monroe, Montour, Northumberland,
22 Perry, Pike, Potter, Snyder, Sullivan, Susquehanna,
23 Tioga, Union, Wayne, Wyoming and York.
24 (iii) The Western District, consisting of the
25 counties of Allegheny, Armstrong, Beaver, Bedford, Blair,
26 Butler, Cambria, Clarion, Clearfield, Crawford, Elk,
27 Erie, Fayette, Forest, Greene, Indiana, Jefferson,
28 Lawrence, McKean, Mercer, Somerset, Venango, Warren,
29 Washington and Westmoreland.
30 (2) Six other persons, two to be appointed from each
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1 district.
2 (b) Terms of office.--The members of the board shall serve
3 for terms of six years and until a successor has been appointed
4 and qualified. A vacancy on the board shall be filled for the
5 balance of the term.
6 (c) Compensation.--Members of the board shall be paid $50
7 for each day or part thereof upon which the member attends a
8 board meeting or performs any duty assigned by the chairman.
9 Members shall be reimbursed for reasonable traveling and other
10 accountable expenses incurred incident to such attendance and
11 assigned duty. This expense shall be borne by the Commonwealth
12 upon presentation of proof of services.
13 § 2163. Organization.
14 Annually the Constable Education Board shall elect a chairman
15 and other officers of the board, who shall hold office at the
16 pleasure of the board. The board shall act only with the
17 concurrence of a majority of its members.
18 § 2164. Staff.
19 The Administrative Office shall serve as the administrative
20 officer of the board and shall provide such staff assistance as
21 the Constable Education Board may require.
22 § 2165. Powers and duties.
23 The Constable Education Board shall exercise the powers and
24 perform the duties vested in and imposed upon the board by
25 Subchapter C of Chapter 29 (relating to constables) and any
26 other powers and duties vested in and imposed upon the board by
27 law.
28 Section 4. Subchapter C of Chapter 29 of Title 42 is
29 repealed and the chapter is amended by adding a subchapter to
30 read:
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1 CHAPTER 29
2 OFFICERS SERVING PROCESS AND ENFORCING ORDERS
3 * * *
4 SUBCHAPTER C
5 CONSTABLES
6 Sec.
7 2941. Election.
8 2942. Qualifications for office.
9 2943. Vacancies.
10 2944. Compatible and incompatible offices and activities.
11 2945. Education and training.
12 2946. Deputy constables.
13 2947. Bonds.
14 ADMINISTRATIVE AND FINANCIAL MATTERS
15 2951. Local administrator.
16 2952. Priority of constable business.
17 2953. Records.
18 2954. Registration and identification cards.
19 2955. Uniforms.
20 2956. Compensation and expenses generally.
21 2957. Specific fees.
22 2958. Assessment of fees in certain criminal cases resulting
23 in discharge of the defendant.
24 2959. Educational fee assessment.
25 2960. Reimbursement for certain mileage and fees.
26 2961. Distribution of process outside the judicial district.
27 POWERS AND DUTIES
28 2965. Service of process.
29 2966. Police powers in certain municipalities.
30 2967. Transportation of prisoners and mental patients.
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1 2968. Protection of district justice.
2 2969. Election day powers.
3 2970. Acceptance of security.
4 2971. Unlawful acts relative to constables.
5 2972. Recovery of certain vehicle registration cards and plates
6 and licenses.
7 2973. Power to carry and use a firearm.
8 § 2941. Election.
9 The qualified voters of each ward in cities of the second and
10 third classes and of each ward of every borough which is divided
11 into wards shall elect a properly qualified person for constable
12 in each of the wards to serve for a term of six years. The
13 qualified voters of every township and of every borough which is
14 not divided into wards shall elect two properly qualified
15 persons for constables to serve at large for terms of six years.
16 § 2942. Qualifications for office.
17 (a) General requirements.--Each candidate for the office of
18 constable shall be at least 18 years of age and shall be a
19 resident of the ward or township for which he is elected.
20 (b) Physical and mental examination.--Every constable shall
21 pass a physical and mental examination prior to receiving his
22 commission. The standards for the examination shall be set by
23 the Constable Education Board. Constables with six years of
24 active service as of the effective date of this subchapter shall
25 be exempt from the provisions of this subsection.
26 § 2943. Vacancies.
27 (a) Disqualification and removal from office.--
28 (1) Any person convicted of a felony or misdemeanor
29 shall be disqualified from seeking or holding the office of
30 constable.
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1 (2) Any constable convicted of a felony or misdemeanor
2 while in office shall be suspended from his duties upon
3 initial conviction. After all appeals are finally exhausted,
4 the suspension shall result in immediate removal from office
5 if the conviction stands and the resulting vacancy shall be
6 filled pursuant to subsection (b). If the constable is
7 acquitted, the suspension shall be lifted.
8 (3) Any constable may be removed from office by a
9 Constables' Trial Board upon a finding by the trial board
10 that the constable was incompetent or negligent in the
11 performance of his duties. The trial board may be convened by
12 the president judge of the judicial district containing the
13 county of residence of the accused constable and shall
14 consist of three members: the president judge, who shall act
15 as chairman, and two constables from the county of residence
16 of the accused constable who are appointed by the president
17 judge.
18 (b) Filling of vacancies.--If the office of constable
19 becomes vacant for any reason, the president judge of the
20 judicial district in which the vacancy exists shall appoint a
21 qualified person to fill the vacancy giving first consideration
22 to the deputy constables in the ward or township. The person so
23 appointed shall hold office until the first Monday in January
24 after the municipal election occurring more than 60 days after
25 the vacancy first occurs, at which election an eligible person
26 shall be elected for the unexpired term.
27 § 2944. Compatible and incompatible offices and activities.
28 (a) Compatible activities.--Nothing in this title or any
29 other statute shall be construed to prohibit a constable as a
30 private citizen from engaging in the following activities if he
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1 so elects:
2 (1) School security duties.
3 (2) Municipal security duties, including supplementing
4 local police when needed.
5 (3) Traffic duty at special events.
6 (b) Incompatible offices and activities.--The following
7 offices and activities are incompatible with the office of
8 constable:
9 (1) District attorney.
10 (2) Assistant district attorney.
11 (3) County treasurer.
12 (4) Any compensated election officer.
13 (5) Any compensated officer of a political party.
14 (6) Private detective.
15 (7) Police officer except as provided in section 2966
16 (relating to police powers in certain municipalities).
17 (8) Any other position in the unified judicial system.
18 (9) Private collection agent.
19 (10) Bail bondsman.
20 § 2945. Education and training.
21 (a) Course of instruction.--Constables shall complete a
22 course of training and instruction in the duties of their office
23 as prescribed by the Constable Education Board and shall
24 successfully pass an examination prior to assuming the duties of
25 office if elected or within six months after being elected or
26 upon taking office pursuant to an appointment to fill a vacancy;
27 however, constables with six years of active service as of the
28 effective date of this subchapter shall be exempt from this
29 requirement. The education board shall make the course of
30 instruction available at times determined by it, so as to insure
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1 that any constable to be elected or appointed may qualify to
2 assume office as soon as possible. The board shall conduct the
3 course at such times, at such places and in such manner as it
4 shall prescribe. In addition to those required by this section
5 to complete the course of training and instruction and
6 successfully pass an examination, any interested person may
7 apply to the education board to be enrolled in the course of
8 instruction and take the examination, subject to rules and
9 regulations as the Administrative Office with the approval of
10 the board may determine which shall include, but not be limited
11 to, a reasonable fee for the instruction or examination which
12 shall be reimbursed by the board if the person is elected or
13 appointed to the office of constable within a year of successful
14 completion of the course.
15 (b) Rules and regulations.--The Administrative Office shall,
16 with the approval of the board and with the advice of the
17 several local constables' associations, have the power to
18 promulgate rules and regulations necessary to carry out its
19 duties under this title.
20 (c) Completion of course.--Upon the successful completion of
21 the course of training and instruction and examination, the
22 Administrative Office shall issue a certificate in the form
23 prescribed by the board, certifying that the person is qualified
24 to perform his duties as required by this title. The certificate
25 shall be filed in the office of the prothonotary of the county
26 in which the constable resides. In the event that an elected or
27 appointed constable fails to obtain and file the certificate in
28 the proper prothonotary's office within six months after his
29 election or appointment, the office of constable shall be
30 vacant, and the vacancy shall be filled as provided in section
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1 2943 (relating to vacancies).
2 (d) Firearms training.--
3 (1) Constables shall complete a course of training and
4 instruction in the use of firearms as prescribed by the board
5 and shall successfully pass an examination within one year
6 after the election or appointment in order to carry or use a
7 firearm in the performance of their duties. The constable may
8 carry and use a firearm during the one-year period while
9 involved in the course of instruction upon receipt of written
10 approval of the president judge of his or her judicial
11 district.
12 (2) The education board may waive these requirements or
13 any portion thereof upon the demonstration by the constable
14 that he has taken and successfully completed a comparable
15 training program.
16 (3) The education board may, by regulation, require
17 periodic retraining in the use of firearms.
18 (e) Cost.--The cost of training and instruction and all
19 other education programs and examinations required by this
20 section shall be paid by the Commonwealth.
21 § 2946. Deputy constables.
22 (a) Appointment.--The constable may request, upon a
23 demonstration of need, authorization from the president judge to
24 appoint up to four deputies with proof of need. The constable
25 may appoint the deputies with the approval of the president
26 judge.
27 (b) Qualifications.--A deputy constable shall be subject to
28 the same standards required of an elected constable and shall
29 present evidence of having met those requirements prior to
30 receiving his commission. A deputy so appointed shall be the
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1 agent of the constable and shall be regulated and supervised by
2 the constable and removed by him for just cause.
3 (c) Powers and duties.--A deputy constable shall have the
4 same powers and duties as a constable except that the deputy may
5 not appoint another deputy. He may exercise the powers
6 authorized in section 2966 (relating to police powers in certain
7 municipalities).
8 (d) Special deputy constables for election.--Notwithstanding
9 the limitations imposed by this section on the appointment of
10 deputies, an elected constable may appoint without court
11 approval one special deputy constable per precinct to perform
12 appropriate duties at the polls on election day. Such special
13 deputies powers shall only extend to those powers granted
14 constables generally regarding elections and their appointment
15 shall expire at the completion of the counting of the votes.
16 Special deputy constables for election day duty shall not be
17 subject to the training requirements provided for in section
18 2945 (relating to education and training).
19 § 2947. Bonds.
20 Each constable shall give bond to the Commonwealth with a
21 surety approved by the education board in an amount as is in
22 effect locally on the effective date of this subchapter. The
23 bond shall be filed with the local clerk of court and shall be
24 conditioned on the just and faithful discharge by the constable
25 or the deputies of their office. The bond shall be held in trust
26 for the use and benefit of all persons who may sustain injury
27 from the constable or deputies in their official capacity by
28 reason of neglect of duty. The cost of the bond shall be paid by
29 the county of residence of the constable.
30 ADMINISTRATIVE AND FINANCIAL MATTERS
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1 § 2951. Local administrator.
2 The president judge of each judicial district may appoint or
3 direct a suitable person, who must be a constable or deputy
4 constable, to serve as local administrator of the constable
5 system within the judicial district.
6 § 2952. Priority of constable business.
7 A constable shall devote the time necessary for prompt and
8 proper disposition of the business of his office, which should
9 be given priority over any other occupation, business,
10 profession, pursuit or activity.
11 § 2953. Records.
12 Each constable shall maintain accurate records regarding all
13 the functions performed by him. The records shall be open for
14 inspection by the Constable Administrator and the president
15 judge and the local administrator of the judicial district and
16 as otherwise provided by law. The Constable Education Board
17 shall issue rules prescribing the type and manner of records to
18 be kept.
19 § 2954. Registration and identification cards.
20 Each constable and deputy constable shall be registered and
21 issued an identification card by the Constable Administrator.
22 § 2955. Uniforms.
23 A constable may wear a uniform when engaged in the duties of
24 his office. The Constable Education Board shall prescribe the
25 specifications for the standardized constable uniform.
26 § 2956. Compensation and expenses generally.
27 (a) Compensation of constables.--Constables shall be
28 compensated for their services and expenses by the payment of
29 fees authorized pursuant to this section and section 2957
30 (relating to specific fees).
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1 (b) Compensation of deputy constables.--Deputy constables
2 shall be compensated for their services in the same amount as
3 elected constables.
4 (c) Form of payment.--Constables are authorized to accept
5 cash, check or money order in payment for their services on not
6 less than a semimonthly basis. A receipt shall be provided for
7 any payment received.
8 (d) Additional hourly compensation.--In addition to the fees
9 authorized by section 2957 for specific services, the Constable
10 Administrator may promulgate rules authorizing payment to
11 constables at an hourly rate for designated services and
12 functions not otherwise covered but otherwise provided for in
13 this title.
14 (e) Payment for travel.--
15 (1) Constables shall be reimbursed a minimum of $3 for
16 mileage or for actual mileage traveled at the rate of 30¢ per
17 mile, whichever is greater. Actual mileage traveled shall be
18 computed using the issuing authority's office as the starting
19 point and computing the distance from that office to the
20 first stop made by the constable and by adding the distance
21 from the first stop to the second stop and so forth to all
22 subsequent stops. The ending point shall be the issuing
23 authority's office.
24 (2) Constables shall be compensated for other travel
25 expenses not to exceed accountable expenses if travel is by
26 other than motor vehicle.
27 (f) Multiple service of process.--In criminal and civil
28 cases when multiple processes are served, a constable shall be
29 paid for each process served even though service may be
30 performed at one time. The constable shall be paid only one
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1 mileage or expense fee, except in those instances when multiple
2 trips are required and approved.
3 (g) Services performed by more than one constable.--When a
4 service is performed by more than one constable or deputy
5 constable under authorization of the president judge or the
6 local administrator, compensation shall be payable as provided
7 in section 2957.
8 (h) Service of process by mail.--No process shall be served
9 by mail except for summary offenses committed under Title 75
10 (relating to vehicles) in which cases the costs of postage shall
11 be imposed upon the party instituting the proceedings.
12 (i) Payment for services performed.--A constable shall be
13 compensated according to the fees provided in this subchapter by
14 the court within 30 days from the time the court has received
15 payment for the services performed. If the court suspends the
16 fee for the service performed by the constable, and in cases
17 where the fee is not collected within 90 days of the service,
18 the fee shall be paid by the county. In cases where moneys
19 received by the court or the clerk of court are fines
20 attributable to restitution and costs pursuant to a periodic
21 payment plan, the costs for services performed by the constable
22 shall be accounted for before other costs, fines or restitution.
23 § 2957. Specific fees.
24 The fees to be charged and received by constables shall be as
25 follows:
26 (1) For executing warrant or writ on behalf of the
27 Commonwealth or political subdivision thereof:
28 (i) Summary offense, $10 plus 30¢ per mile.
29 (ii) Misdemeanor, $15, plus 30¢ per mile.
30 (iii) Felony, $25 plus 30¢ per mile.
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1 (2) For serving subpoenas to appear in trial or hearing
2 proceedings:
3 (i) First witness, $10 plus 30¢ per mile.
4 (ii) Each additional witness, $5 plus 30¢ per mile.
5 (3) For conveying defendants to district magistrate for
6 purpose of bail or hearing:
7 (i) Summary offense, $10 plus 30¢ per mile.
8 (ii) Misdemeanor, $15 plus 30¢ per mile.
9 (iii) Felony, $25 plus 30¢ per mile.
10 (4) For conveying defendants to jail on commitment by
11 district magistrate:
12 (i) Summary offense, $10 plus 30¢ per mile.
13 (ii) Misdemeanor, $15 plus 30¢ per mile.
14 (iii) Felony, $25 plus 30¢ per mile.
15 (5) For conveying defendant to any jail or to lock-up
16 for holding purposes upon the availability of issuing
17 authority, the sum of $10, plus 30¢ per mile.
18 (6) For conveying defendant to jail on bench warrant or
19 probation commitment issued by clerk of courts or probation
20 officer, the sum of $25, plus 30¢ per mile.
21 (7) For conveying defendant from another county to
22 issuing authority for purpose of hearing, arraignment or
23 bail, the sum of $60, plus 30¢ per mile.
24 (8) For executing release of defendant after
25 arrest/arraignment either by bail or other release:
26 (i) Summary offense, $10 plus 30¢ per mile.
27 (ii) Misdemeanor, $15 plus 30¢ per mile.
28 (iii) Felony, $25 plus 30¢ per mile.
29 (9) Where defendant having been arrested on summary
30 warrant deposits with constable the sum of fine and costs or
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1 the amount of bail requested for hearing, the sum of $5 plus
2 warrant costs and 30¢ per mile.
3 (10) For appearance at hearing on all cases and for any
4 other waiting time, the sum of $7.50 per hour, or fraction
5 thereof: minimum of one hour.
6 (11) For executing search warrant and return, the sum of
7 $10.
8 (12) For appearance in court when subpoenaed, the sum of
9 $60 per day.
10 (13) For services of deputy or assisting officer, that
11 is, two constables when necessary for arrest or transport
12 services of defendant of opposite sex, or misdemeanor or
13 felony charge, each constable shall be paid the fee permitted
14 under this subchapter. One mileage fee only may be charged.
15 (14) For executing release from jail for hearing
16 purpose:
17 (i) Summary offense, $10 plus 30¢ per mile.
18 (ii) Misdemeanor, $15 plus 30¢ per mile.
19 (iii) Felony, $25 plus 30¢ per mile.
20 (15) For miscellaneous costs in criminal cases:
21 (i) For recovery or seizure of suspended
22 registration plate or plates and registration card or
23 cards, the sum of $10, plus 30¢ per mile.
24 (ii) For conveying defendant from one magisterial
25 district to an issuing authority in another district for
26 purpose of hearing or bail within the same county, the
27 sum of $20, plus 30¢ per mile.
28 (iii) For arrests made on view, of persons guilty of
29 breach of peace, riotous or misconduct, public
30 drunkenness or any unlawful act tending to imperil the
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1 personal security or endanger the property of others or
2 violating any ordinance of any borough or township or
3 political subdivision, for offenses against the laws of
4 this Commonwealth and bring such offender before an
5 issuing authority within the same district.
6 (A) Summary offense, $10 plus 30¢ per mile.
7 (B) Misdemeanor, $15 plus 30¢ per mile.
8 (C) Felony, $25 plus 30¢ per mile.
9 (iv) For making return of no service or not found on
10 any process received, the sum of $5 plus 30¢ per mile,
11 after verification of sworn statement by constable.
12 (16) For miscellaneous costs in civil cases:
13 (i) For serving process on trespass and assumpsit
14 suit:
15 (A) First defendant, $10.
16 (B) Second defendant and each thereafter, at the
17 same address, $5 plus 30¢ per mile.
18 (ii) For any return of service not found in civil
19 suits, due to incorrect address, defendant moving or any
20 cause, constable shall be paid original advanced costs
21 charged.
22 (iii) For service or subpoenas in civil cases either
23 defendant or prosecution:
24 (A) First subpoena, $10 plus 30¢ per mile.
25 (B) Each thereafter, $5 plus 30¢ per mile.
26 (iv) For service of landlord and tenant proceedings:
27 (A) First defendant, $10 plus 30¢ per mile.
28 (B) Each thereafter, $5 plus 30¢ per mile.
29 (v) For service of order of execution, the sum of
30 $10 plus 30¢ per mile for each address.
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1 (vi) For levying on goods, including schedule at
2 property levied and set aside, each address, the sum of
3 $25.
4 (vii) For posting notice of levy and sale, the sum
5 of $5 per notice, limit three per address.
6 (viii) For advertising sale of personal property of
7 defendant in any news media, the sum of $5 plus
8 advertising costs.
9 (ix) For clerk at time of sale, the sum of $15.
10 (x) For holding sale, the sum of $30 or 3% whichever
11 is greater, plus 30¢ per mile.
12 (xi) For receiving and paying over moneys on
13 execution, $50, including bill of sale.
14 (xii) For receiving moneys from defendant in lieu of
15 sale, the sum of $10 plus amount at judgment and original
16 costs pertaining to sale.
17 (xiii) For service on order of possession, the sum
18 of $15 plus 30¢ per mile.
19 (xiv) For turning over property to landlord without
20 forcible ejectment, the sum of $10 plus 30¢ per mile.
21 (xv) For forcible ejectment on order of possession,
22 the sum of $50 plus 30¢ per mile.
23 (xvi) For removing all personal property on order of
24 possession, the sum of $30 per room, and the sum of $90
25 minimum if the manpower is supplied by evicting officer.
26 (xvii) For appraising property where exemption is
27 claimed by defendant, the sum of $10 for traveling
28 expense in the service of any process or duty performed
29 by constable, he shall be compensated at the rate of 30¢
30 per mile computed by the route most frequently traveled
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1 in going from point and places where constable may reside
2 or where he or she receives any paper or process to be
3 executed to the points and places required to be
4 traveled. A minimum fee of $3 may be charged and allowed
5 for mileage except in first class cities.
6 (xviii) For services not provided for in this
7 section, the same fee may be charged for similar
8 services.
9 § 2958. Assessment of fees in certain criminal cases resulting
10 in discharge of the defendant.
11 In all criminal cases where the defendant is discharged upon
12 dismissal of criminal complaint, information or indictment for
13 lack of prosecution, or for the failure by the Commonwealth to
14 make out a prima facie case, or where the criminal complaint,
15 information or indictment is dismissed upon motion by the
16 Commonwealth for a nolle prosequi, the court shall assess the
17 costs of the constable's fees to the governmental unit which
18 employs the affiant in the case of a police initiated
19 prosecution, or upon the affiant in the case of a private
20 prosecution, if the defendant is discharged prior to the filing
21 of an information or indictment. In cases where the defendant is
22 discharged for any of the stated reasons after the filing of an
23 information or indictment, the court shall assess the costs to
24 the county.
25 § 2959. Educational fee assessment.
26 An additional $1 fee shall be charged to all persons on whom
27 a process is successfully served, unless acquitted, which fee
28 shall be transmitted to the Constable Education Board. This fee
29 shall not be suspended.
30 § 2960. Reimbursement for certain mileage and fees.
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1 Notwithstanding any provision of this title or any other law
2 to the contrary, a constable may be reimbursed for mileage and
3 fees at the rates provided in this subchapter upon a showing
4 that the constable traveled to the residence or place of
5 business of the person who is the object of the warrant or
6 process and found that he was not present. Satisfactory evidence
7 of the attempted service shall consist of a statement signed by
8 another person, or an affidavit executed by the constable, that
9 the constable in fact attempted to serve the process but that
10 the person who was to be served was not there.
11 § 2961. Distribution of process outside the judicial district.
12 A district judge may transfer the service of process for
13 persons or entities residing in another judicial district to the
14 appropriate local district justice in that judicial district, or
15 in the absence of local district justice, to the judicial
16 district for service. In the case of process transferred for
17 service in the first judicial district, the district justice
18 would transfer the process to the president judge of the traffic
19 court for distribution for service.
20 POWERS AND DUTIES
21 § 2965. Service of process.
22 (a) General power.--A constable is authorized to serve and
23 execute any lawful process issued by a district justice or any
24 other lawful, civil, criminal or administrative process.
25 (b) Supreme Court to prescribe rules.--The Supreme Court
26 shall prescribe general rules relating to the service of process
27 issued by the courts of common pleas and district justices.
28 (c) Civil and administrative process.--A constable is
29 authorized to serve civil and administrative process anywhere in
30 this Commonwealth whether or not the process emanates from his
19860H2336B3231 - 20 -
1 own judicial district.
2 (d) Criminal process.--A constable is authorized to serve
3 criminal process anywhere in this Commonwealth when the process
4 is issued from his judicial district. A constable is authorized
5 to serve any criminal process within his judicial district no
6 matter where the process was originally issued.
7 § 2966. Police powers in certain municipalities.
8 (a) General rule.--Any municipality that has no organized
9 municipal police force may formally appoint as a police officer
10 the appropriate constable or constables as otherwise provided by
11 law. When a constable is acting pursuant to this appointment, he
12 shall have all the powers and be subject to the same restraints
13 as a policeman would have in the municipality if it had an
14 organized police force. All constables may sign criminal
15 complaints on behalf of police officers on information received.
16 (b) Certification required.--No constable shall perform
17 police duties pursuant to this section unless the constable has
18 been certified by the education board pursuant to Subchapter G
19 of Chapter 21 (relating to Constable Education Board).
20 § 2967. Transportation of prisoners and mental patients.
21 Constables shall have the authority when directed by a
22 district justice or a court to transport prisoners and mental
23 patients. Any constable directed to transport prisoners or
24 mental patients shall be authorized to secure the assistance of
25 another constable to aid him. Constables rendering the
26 assistance shall be paid at a rate equal to the constable to
27 whom the assistance is rendered.
28 § 2968. Protection of district justice.
29 The elected constable for the municipality, or subdivision
30 thereof, in which a district justice sits shall provide personal
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1 protection to the district justice while the district justice is
2 performing his duties. The constable shall be compensated at the
3 rate specified for waiting time under this subchapter. This fee
4 shall be paid by the county in which the district justice sits.
5 § 2969. Election day powers.
6 A constable shall have the duty, obligation and authority to
7 be present at the polling place in each election district of the
8 borough, township or ward at each primary and election during
9 the continuance thereof, and while the votes are being counted,
10 for the purpose of preserving the peace, and shall serve at all
11 elections for which services the constable shall receive the
12 same compensation payable to inspectors and clerks as provided
13 for by the act of June 3, 1937 (P.L.1333, No.320), known as the
14 Pennsylvania Election Code, which shall be paid by the county.
15 No constable, whether in uniform or in citizens clothes, shall
16 be within 100 feet of the polling place during the conduct of
17 any primary or election, unless in the exercise of his privilege
18 of voting, for the purpose of serving warrants or unless called
19 upon to preserve the peace. In no event may any constable
20 unlawfully use or practice any intimidation, threats, force or
21 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 constable electioneer or directly or indirectly attempt
24 to influence the election or electors while on duty at the
25 election polls.
26 § 2970. Acceptance of security.
27 A constable is authorized to accept security for a
28 defendant's appearance before a district judge in summary cases.
29 § 2971. Unlawful acts relative to constables.
30 A person commits a misdemeanor of the third degree and shall
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1 be subject to arrest on view by a constable or other authorized
2 peace officer if he:
3 (1) Knowingly, willfully and forcibly obstructs, resists
4 or opposes any constable:
5 (i) in serving or attempting to serve or execute any
6 legal process or order; or
7 (ii) in making a lawful arrest with or without a
8 warrant.
9 (2) Assaults any constable:
10 (i) while serving or executing any legal process or
11 order; or
12 (ii) because of having served or executed any legal
13 process or order.
14 (3) Rescues another in legal custody.
15 § 2972. Recovery of certain vehicle registration cards and
16 plates and licenses.
17 A constable shall have the power and duty to recover expired,
18 suspended or revoked vehicle registrations cards and plates and
19 licenses for the Department of Transportation. The department
20 shall notify in writing the appropriate district constable to
21 recover all suspended or revoked vehicle registration cards and
22 plates and licenses. This fee shall be paid by the department.
23 § 2973. Power to carry and use a firearm.
24 A constable shall have the power to carry and use a firearm
25 in the performance of his duties upon the successful completion
26 of the training requirements as set forth in this subchapter or
27 upon being exempted from the training requirements as authorized
28 by this subchapter.
29 Section 5. The definition of "emergency vehicle" in section
30 102 of Title 75, amended July 11, 1985 (P.L.204, No.52), is
19860H2336B3231 - 23 -
1 amended to read:
2 § 102. Definitions.
3 Subject to additional definitions contained in subsequent
4 provisions of this title which are applicable to specific
5 provisions of this title, the following words and phrases when
6 used in this title shall have, unless the context clearly
7 indicates otherwise, the meanings given to them in this section:
8 * * *
9 "Emergency vehicle." A fire department vehicle, police
10 vehicle, ambulance, blood-delivery vehicle, armed forces
11 emergency vehicle, one vehicle operated by a coroner or chief
12 county medical examiner and one vehicle operated by a chief
13 deputy coroner or deputy chief county medical examiner used for
14 answering emergency calls, one private vehicle of a fire or
15 police chief or assistant chief or, when a fire company has
16 three or more fire vehicles, a second assistant chief, or fire
17 police captain and fire police lieutenant or ambulance corps
18 commander or assistant commander or of a river rescue commander
19 or assistant commander or emergency management coordinator or
20 fire marshal used for answering emergency calls, a constable's
21 vehicle used in the performance of law enforcement duties or
22 other vehicle designated by the State Police under section 6106
23 (relating to designation of emergency vehicles by Pennsylvania
24 State Police).
25 * * *
26 Section 6. The following acts or parts of acts are repealed:
27 Section VI of the act of March 1, 1799 (3 Sm.L.354, Ch.2012),
28 entitled "A supplement to the act, entitled 'An Act to extend
29 the powers of the Justices of the Peace of this state.'"
30 Sections XII and XIX of the act of March 20, 1810 (P.L.208,
19860H2336B3231 - 24 -
1 Ch.132), entitled "An Act to amend and consolidate with its
2 Supplements, the Act entitled 'An Act for the recovery of debts
3 and demands, not exceeding one hundred dollars, before a Justice
4 of the Peace, and for the election of Constables, and for other
5 purposes.'"
6 Act of January 21, 1814 (P.L.28, Ch.9), entitled "An Act
7 allowing compensation to constables for attending the several
8 courts within this commonwealth."
9 Sections 107, 108, 109, 110, 111, 112, 113, 114 and 116 of
10 the act of April 15, 1834 (P.L.537, No.247), entitled "An act
11 relating to counties and townships, and county and township
12 officers."
13 Section 14 of the act of May 27, 1841 (P.L.400, No.141),
14 entitled "An act relating to the Election of County Treasurers,
15 and for other purposes."
16 Section 19 of the act of April 22, 1850 (P.L.549, No.342),
17 entitled "A supplement to an act, entitled 'An Act to prevent
18 waste in certain cases within this commonwealth,' passed the
19 twenty-ninth day of March, one thousand eight hundred and
20 twenty-two: to land and building associations; giving the court
21 of Susquehanna county jurisdiction in a certain case; relative
22 to the service of process in certain cases; to party walls in
23 West Philadelphia; to the proof of a certain will; to the sale
24 and purchase of certain burial grounds in Philadelphia; to the
25 laying of gas pipes in the district of Moyamensing; to the
26 release of certain sureties in Erie county; to the State Lunatic
27 hospital; relative to the service of process against sheriffs;
28 to the rights of married women; to ground rents; and relating to
29 foreign insurance companies."
30 Act of February 14, 1889 (P.L.6, No.5), entitled "An act to
19860H2336B3231 - 25 -
1 authorize the election of constables for three years."
2 Act of May 4, 1889 (P.L.83, No.79), entitled "An act to
3 authorize the election of constables for three years in cities
4 of the second and third class."
5 Act of June 26, 1895 (P.L.375, No.266), entitled "An act to
6 amend an act, entitled 'An act to authorize the election of
7 constables for three years,' approved the fourteenth day of
8 February, Anno Domini one thousand eight hundred and eighty-
9 nine, by providing for the election of a high constable in each
10 of the boroughs of this Commonwealth for three years, and by
11 correcting the ambiguity as to the beginning of the terms of
12 office under said act."
13 Act of February 17, 1899 (P.L.3, No.1), 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 2, 1901 (P.L.131, No.98), entitled "An act to fix,
17 regulate and establish the fees to be charged and received by
18 constables in this Commonwealth for executing an order of relief
19 of a pauper."
20 Act of April 25, 1905 (P.L.309, No.214), entitled "An act
21 authorizing policemen to hold and exercise the office of
22 constables."
23 Act of April 23, 1909 (P.L.151, No.104), entitled "An act
24 fixing the fees to be received by constables in this
25 Commonwealth."
26 Act of June 9, 1911 (P.L.727, No.299), entitled "An act
27 authorizing the election in first class townships of an
28 additional constable, and fixing his term."
29 Act of June 19, 1913 (P.L.534, No.342), entitled "An act
30 relating to appointment of deputy constables."
19860H2336B3231 - 26 -
1 Act of July 20, 1917 (P.L.1158, No.401), entitled "An act to
2 fix, regulate, and establish the fees to be charged and received
3 by constables in this Commonwealth."
4 Act of May 31, 1919 (P.L.357, No.171), entitled "An act
5 relating to the duties of constables in certain counties;
6 prohibiting them from making returns to the court of quarter
7 sessions in certain cases; authorizing the court to direct
8 investigations and reports by constables, and fixing their
9 compensation in such cases."
10 Act of April 6, 1925 (P.L.155, No.113), entitled "An act
11 providing constables' fees for service of writs in juvenile
12 cases."
13 Act of March 20, 1929 (P.L.32, No.32), entitled "An act
14 providing for the filling of vacancies in the office of
15 constable in any borough, town, ward of any city, borough, or
16 town or township of this Commonwealth."
17 Act of February 28, 1933 (P.L.5, No.3), entitled "An act
18 relating to constables' returns to the court of quarter
19 sessions."
20 Act of May 26, 1943 (P.L.637, No.280), entitled "An act
21 providing that the terms of constables hereafter elected in
22 cities of the second, second class A and third classes, boroughs
23 and townships, shall be for six years."
24 Section 7. This act shall take effect in 30 days.
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