PRIOR PRINTER'S NO. 59 PRINTER'S NO. 369
No. 70 Session of 1991
INTRODUCED BY KUKOVICH, COHEN, CALTAGIRONE, PISTELLA, NAILOR,
HAYDEN, GODSHALL, TRELLO, BELFANTI, VAN HORNE, LEVDANSKY,
CLARK, M. N. WRIGHT, PESCI, HECKLER, HUGHES, JOHNSON,
RICHARDSON, MIHALICH, HERMAN, JOSEPHS, HALUSKA, STISH,
PRESTON, MELIO, BATTISTO, STURLA, JAMES, CAWLEY, KASUNIC,
DeLUCA, SAURMAN, GIGLIOTTI, LAUGHLIN, RITTER, CAPPABIANCA,
BILLOW, WAMBACH, STEELMAN, VEON AND SERAFINI,
JANUARY 15, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 6, 1991
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 competency of witnesses AND FOR INTERMEDIATE PUNISHMENT; AND <--
4 FURTHER PROVIDING FOR COMPULSORY ARBITRATION.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5912 SECTIONS 5912 AND 7361(B)(2) of <--
8 Title 42 of the Pennsylvania Consolidated Statutes is ARE <--
9 amended to read:
10 § 5912. [Disqualification by perjury.
11 In a criminal proceeding, a person who has been convicted in
12 a court of this Commonwealth of perjury, which term is hereby
13 declared to include subornation of or solicitation to commit
14 perjury, shall not be a competent witness for any purpose,
15 although his sentence may have been fully complied with, unless
1 the judgment of conviction be judicially set aside or reversed,
2 or unless the proceeding is one to punish or prevent injury or
3 violence attempted, done, or threatened to his person or
4 property; in which cases he shall be competent to testify.]
5 Effect of prior convictions.
6 No person shall be deemed incompetent or otherwise
7 disqualified as a witness in any criminal proceeding by reason
8 of the person's having been convicted of any crime, but such
9 conviction may be shown for the purpose of affecting the
10 person's credibility.
11 § 7361. COMPULSORY ARBITRATION. <--
12 * * *
13 (B) LIMITATIONS.--NO MATTER SHALL BE REFERRED UNDER
14 SUBSECTION (A):
15 * * *
16 (2) WHERE THE AMOUNT IN CONTROVERSY, EXCLUSIVE OF
17 INTEREST AND COSTS, EXCEEDS:
18 (I) [$20,000] $40,000 IN JUDICIAL DISTRICTS
19 EMBRACING FIRST, SECOND, SECOND CLASS A OR THIRD CLASS
20 COUNTIES OR HOME RULE COUNTIES WHICH BUT FOR THE ADOPTION
21 OF A HOME RULE CHARTER WOULD BE A COUNTY OF ONE OF THESE
22 CLASSES; OR
23 (II) [$10,000] $20,000 IN ANY OTHER JUDICIAL
24 DISTRICT.
25 * * *
26 SECTION 2. SECTION 9729(C) OF TITLE 42, ADDED DECEMBER 19,
27 1990 (P.L. , NO.201), IS AMENDED TO READ:
28 § 9729. INTERMEDIATE PUNISHMENT.
29 * * *
30 (C) INELIGIBILITY.--
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1 (1) A PERSON CONVICTED OF ANY OF THE FOLLOWING OFFENSES
2 SHALL BE INELIGIBLE FOR SENTENCING UNDER THIS SECTION:
3 18 PA.C.S. § 2502 (RELATING TO MURDER).
4 18 PA.C.S. § 2503 (RELATING TO VOLUNTARY
5 MANSLAUGHTER).
6 18 PA.C.S. § 2702 (RELATING TO AGGRAVATED ASSAULT).
7 18 PA.C.S. § 2703 (RELATING TO ASSAULT BY PRISONER).
8 18 PA.C.S. § 2704 (RELATING TO ASSAULT BY LIFE
9 PRISONER).
10 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING).
11 18 PA.C.S. § 3121 (RELATING TO RAPE).
12 18 PA.C.S. § 3122 (RELATING TO STATUTORY RAPE).
13 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE
14 SEXUAL INTERCOURSE).
15 18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT).
16 18 PA.C.S. § 3301 (RELATING TO ARSON AND RELATED
17 OFFENSES).
18 18 PA.C.S. § 3701 (RELATING TO ROBBERY).
19 18 PA.C.S. § 3923 (RELATING TO THEFT BY EXTORTION).
20 18 PA.C.S. § 5121 (RELATING TO ESCAPE).
21 (2) AN OFFENSE UNDER THIS SUBSECTION ALSO INCLUDES A
22 CONVICTION UNDER 18 PA.C.S. SECTION 3502 (RELATING TO
23 BURGLARY) WHERE THE GRADING OF THE OFFENSE WAS A FELONY OF
24 THE FIRST DEGREE UNDER SECTION 3502(C)(1).
25 (3) [AN OFFENSE UNDER THIS SUBSECTION ALSO INCLUDES A
26 CONVICTION UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
27 KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC
28 ACT.] INELIGIBILITY FOR SENTENCING UNDER THIS SECTION SHALL
29 ALSO APPLY TO ANY PERSON SENTENCED UNDER 18 PA.C.S. § 7508
30 (RELATING TO DRUG TRAFFICKING SENTENCING AND PENALTIES).
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1 Section 2 3. This act shall take effect in 60 days. <--
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