PRINTER'S NO. 1399
No. 1222 Session of 1999
INTRODUCED BY ORIE, MARSICO, MUNDY, BEBKO-JONES, FREEMAN,
LAUGHLIN, SAYLOR, READSHAW, CURRY, E. Z. TAYLOR, CLYMER,
JOSEPHS, BASTIAN, B. SMITH, BROWNE, WILLIAMS, STEELMAN,
CIVERA, RAMOS, YOUNGBLOOD, MAHER AND MELIO, APRIL 13, 1999
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 content of course of instruction and examination and
4 continuing education requirement relating to certain minor
5 judiciary.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 3113 and 3118 of Title 42 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 3113. Content of course of instruction and examination.
11 (a) General rule.--The board shall prescribe and approve the
12 subject matter and the examination for the course of training
13 and instruction required by this subchapter. The Administrative
14 Office shall, subject to the direction of the board, administer
15 the course of training and instruction and conduct the
16 examination. The Administrative Office shall conduct the course
17 and examination at such times, at such places and in such manner
18 as the regulations of the board may prescribe. The board shall
1 make the course of instruction available at such times so as to
2 insure that any district justice, bail commissioner or judge
3 elected or appointed may qualify to assume office as soon as
4 possible.
5 (b) Content of course.--The course of training and
6 instruction shall not exceed four weeks in duration and shall
7 consist of a minimum of 40 hours of class instruction in civil
8 and criminal law, including, but not limited to, sexual
9 violence, evidence and procedure, summary proceedings, motor
10 vehicles and courses in judicial ethics, in the case of all such
11 officials except bail commissioners, in which case it shall
12 consist of a minimum of 30 hours of class instruction in
13 criminal law, search and seizure, arrest and bail practices and
14 procedures, and except judges of the Traffic Court of
15 Philadelphia, in which case it shall consist of a minimum of 20
16 hours of class instruction in summary proceedings and laws
17 relating to motor vehicles.
18 § 3118. Continuing education requirement.
19 (a) District justices.--Every district justice shall
20 complete a continuing education program each year equivalent to
21 not less than 32 hours per year in such courses or programs as
22 are approved by the board. The courses and programs shall
23 include training on issues of sexual violence. If a district
24 justice fails to meet these continuing education requirements,
25 such justice shall be subject to suspension by the Supreme Court
26 until such time as evidence of compliance with such requirements
27 is submitted by the board, but in no event longer than six
28 months at which time the failure to meet the continuing
29 education requirements shall be grounds for the Supreme Court,
30 after a hearing, to declare a vacancy in that district.
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1 (b) Bail commissioners.--Every bail commissioner shall
2 complete a continuing education program each year equivalent to
3 not less than 20 hours per year in such courses or programs as
4 are approved by the board. The courses and programs shall
5 include training on issues of sexual violence.
6 Section 2. This act shall take effect in 60 days.
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