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        PRIOR PRINTER'S NOS. 1469, 2874, 2875         PRINTER'S NO. 3047

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1222 Session of 2003


        INTRODUCED BY WEBER, ARMSTRONG, BUNT, CRAHALLA, DiGIROLAMO,
           GABIG, GEIST, GILLESPIE, HERMAN, HICKERNELL, HORSEY, KELLER,
           LEWIS, MARSICO, R. MILLER, O'NEILL, PAYNE, REICHLEY,
           E. Z. TAYLOR, WATSON, YOUNGBLOOD AND HARPER, APRIL 24, 2003

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           DECEMBER 8, 2003

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     identification of incorrect debtor, for summary offenses       <--
     4     involving vehicles and for sentence of intermediate
     5     punishment. IDENTIFICATION OF INCORRECT DEBTOR; FURTHER        <--
     6     DEFINING "OTHER SPECIFIED OFFENSE" FOR PURPOSES OF DNA DATA
     7     AND TESTING; AND FURTHER PROVIDING FOR SUMMARY OFFENSES
     8     INVOLVING VEHICLES, FOR LAW ENFORCEMENT RECORDS, FOR DURATION
     9     OF COMMITMENT AND REVIEW, FOR SENTENCE OF INTERMEDIATE
    10     PUNISHMENT AND FOR ASSESSMENTS.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Sections 2737.1 and 5553(a), (b) and (c) of Title  <--
    14  42 of the Pennsylvania Consolidated Statutes are amended to
    15  read:
    16     SECTION 1.  SECTION 2737.1 OF TITLE 42 OF THE PENNSYLVANIA     <--
    17  CONSOLIDATED STATUTES IS AMENDED TO READ:
    18  § 2737.1.  Incorrect debtor identified.
    19     [At the time a](a)  Procedure.--A creditor that files for a
    20  judgment by confession under section 2737(3) (relating to powers


     1  and duties of the office of the prothonotary)[, the creditor
     2  filing the judgment shall provide the debtor with written
     3  instructions regarding the procedure to follow to strike the
     4  judgment.] shall comply with the Pennsylvania Rules of Civil
     5  Procedure regarding confession of judgment, including any notice
     6  provisions. A debtor who has been incorrectly identified and had
     7  a confession or judgment entered against him [shall be entitled
     8  to] may petition the court for costs and reasonable attorney
     9  fees as determined by the court. [The instructions provided to
    10  the debtor shall explain to the debtor that under this section
    11  he is entitled to costs and reasonable attorney fees as
    12  determined by the court if he was incorrectly identified.]
    13     (b)  Effect on judgment.--A judgment shall not be stricken or
    14  opened because of a creditor's failure to provide a correctly
    15  identified debtor with instructions pursuant to this section
    16  regarding procedures to follow to strike a judgment or regarding
    17  any rights available to an incorrectly identified debtor.
    18     SECTION 2.  THE DEFINITION OF "OTHER SPECIFIED OFFENSE" IN     <--
    19  SECTION 4703 OF TITLE 42 IS AMENDED TO READ:
    20  § 4703.  DEFINITIONS.
    21     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    22  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    23  CONTEXT CLEARLY INDICATES OTHERWISE:
    24     * * *
    25     "OTHER SPECIFIED OFFENSE."  AN OFFENSE OR AN ATTEMPT,
    26  CONSPIRACY OR SOLICITATION TO COMMIT AN OFFENSE UNDER ANY OF THE
    27  FOLLOWING:
    28         18 PA.C.S. § 2502 (RELATING TO MURDER).
    29         18 PA.C.S. [§ 2709(C)(2)(II) (RELATING TO HARASSMENT AND
    30     STALKING)] § 2709.1(C)(2) (RELATING TO STALKING).
    20030H1222B3047                  - 2 -     

     1         18 PA.C.S. § 2901 (RELATING TO KIDNAPPING).
     2         18 PA.C.S. § 2910 (RELATING TO LURING A CHILD INTO A
     3     MOTOR VEHICLE).
     4         18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT).
     5         18 PA.C.S. § 3502 (RELATING TO BURGLARY).
     6         18 PA.C.S. § 3701 (RELATING TO ROBBERY).
     7     * * *
     8     SECTION 3.  SECTIONS 5553(A), (B) AND (C), 6308(B)(1) AND
     9  6404(C)(3) OF TITLE 42 ARE AMENDED TO READ:
    10  § 5553.  Summary offenses involving vehicles.
    11     (a)  General rule.--Except as provided in subsection (b) or
    12  (c), proceedings for a summary [offenses] offense under Title 75
    13  (relating to vehicles) must be commenced within 30 days after
    14  the commission of the alleged offense or within 30 days after
    15  the discovery of the commission of the offense or the identity
    16  of the offender, whichever is later, and not thereafter.
    17     [(b)  Minor offenses.--Except as provided in subsection (c),
    18  proceedings for summary offenses under the following provisions
    19  of Title 75 must be commenced within 30 days after the
    20  commission of the alleged offense or within 30 days after the
    21  discovery of the commission of the offense or the identity of
    22  the offender, whichever is later, and not thereafter:
    23         Chapter 31 (relating to general provisions).
    24         Chapter 33 (relating to rules of the road in general).
    25         Chapter 35 (relating to special vehicles and
    26     pedestrians).
    27         Subchapters A (relating to offenses in general) and C
    28     (relating to accidents and accident reports) of Chapter 37.
    29     (c)  Exception.--Where]
    30     (c)  Exceptions.--
    20030H1222B3047                  - 3 -     

     1         (1)  Where proceedings are timely commenced against a
     2     person reasonably believed to have committed the [offense]
     3     summary offense or offenses charged and it subsequently
     4     appears that a person other than the person charged is the
     5     offender, proceedings may be commenced against the other
     6     person within 30 days after the identity of the person is
     7     discovered and not thereafter.
     8         (2)  Where a police officer reasonably believes that
     9     there are multiple summary offenses arising out of the same
    10     conduct or the same criminal episode and that an offense
    11     under 75 Pa.C.S. § 1543 (relating to driving while operating
    12     privilege is suspended or revoked) has occurred, proceedings
    13     on all summary offenses arising from the conduct or episode
    14     may be commenced at the same time and must be commenced
    15     within 30 days after the commission of the alleged offenses
    16     or within 30 days after the discovery of the commission of
    17     the offenses or the identity of the offender or within 30
    18     days after the police officer receives verification of the
    19     basis for the suspension from the Department of
    20     Transportation as required under 75 Pa.C.S. § 1543(c) §        <--
    21     1543(D), whichever is later, and not thereafter.
    22     * * *
    23  § 6308.  LAW ENFORCEMENT RECORDS.                                 <--
    24     * * *
    25     (B)  PUBLIC AVAILABILITY.--
    26         (1)  THE CONTENTS OF LAW ENFORCEMENT RECORDS AND FILES
    27     CONCERNING A CHILD SHALL NOT BE DISCLOSED TO THE PUBLIC
    28     [EXCEPT IF THE CHILD IS 14 OR MORE YEARS OF AGE AT THE TIME
    29     OF THE ALLEGED CONDUCT AND IF ANY OF] UNLESS ANY OF THE
    30     FOLLOWING APPLY:
    20030H1222B3047                  - 4 -     

     1             (I)  THE CHILD HAS BEEN ADJUDICATED DELINQUENT BY A
     2         COURT AS A RESULT OF AN ACT OR ACTS [WHICH INCLUDE THE
     3         ELEMENTS OF RAPE, KIDNAPPING, MURDER, ROBBERY, ARSON,
     4         BURGLARY, VIOLATION OF SECTION 13(A)(30) OF THE ACT OF
     5         APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED
     6         SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OTHER ACT
     7         INVOLVING THE USE OF OR THREAT OF SERIOUS BODILY HARM.]
     8         COMMITTED:
     9                 (A)  WHEN THE CHILD WAS 14 YEARS OF AGE OR OLDER
    10             AND THE CONDUCT WOULD BE CONSIDERED A FELONY IF
    11             COMMITTED BY AN ADULT; OR
    12                 (B)  WHEN THE CHILD WAS 12 OR 13 YEARS OF AGE AND
    13             THE CONDUCT WOULD HAVE CONSTITUTED ONE OR MORE OF THE
    14             FOLLOWING OFFENSES IF COMMITTED BY AN ADULT:
    15                     (I)  MURDER.
    16                     (II)  VOLUNTARY MANSLAUGHTER.
    17                     (III)  AGGRAVATED ASSAULT AS DEFINED IN 18
    18                 PA.C.S. § 2702(A)(1) OR (2) (RELATING TO
    19                 AGGRAVATED ASSAULT).
    20                     (IV)  ARSON AS DEFINED IN 18 PA.C.S. §
    21                 3301(A)(1) (RELATING TO ARSON AND RELATED
    22                 OFFENSES).
    23                     (V)  INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
    24                     (VI)  KIDNAPPING.
    25                     (VII)  RAPE.
    26                     (VIII)  ROBBERY AS DEFINED IN 18 PA.C.S. §
    27                 3701(A)(1)(I), (II) OR (III) (RELATING TO
    28                 ROBBERY).
    29                     (IX)  ROBBERY OF MOTOR VEHICLE.
    30                     (X)  ATTEMPT OR CONSPIRACY TO COMMIT ANY OF
    20030H1222B3047                  - 5 -     

     1                 THE OFFENSES IN THIS SUBPARAGRAPH.
     2             (II)  A PETITION ALLEGING DELINQUENCY HAS BEEN FILED
     3         BY A LAW ENFORCEMENT AGENCY ALLEGING THAT THE CHILD HAS
     4         COMMITTED AN ACT OR ACTS [WHICH INCLUDE THE ELEMENTS OF
     5         RAPE, KIDNAPPING, MURDER, ROBBERY, ARSON, BURGLARY,
     6         VIOLATION OF SECTION 13(A)(30) OF THE CONTROLLED
     7         SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OTHER ACT
     8         INVOLVING THE USE OF OR THREAT OF SERIOUS BODILY HARM]
     9         SUBJECT TO A HEARING PURSUANT TO SECTION 6336(E) AND THE
    10         CHILD PREVIOUSLY HAS BEEN ADJUDICATED DELINQUENT BY A
    11         COURT AS A RESULT OF AN ACT OR ACTS [WHICH INCLUDED THE
    12         ELEMENTS OF ONE OF SUCH CRIMES.] COMMITTED:
    13                 (A)  WHEN THE CHILD WAS 14 YEARS OF AGE OR OLDER
    14             AND THE CONDUCT WOULD BE CONSIDERED A FELONY IF
    15             COMMITTED BY AN ADULT; OR
    16                 (B) WHEN THE CHILD WAS 12 OR 13 YEARS OF AGE AND
    17             THE CONDUCT WOULD HAVE CONSTITUTED ONE OR MORE OF THE
    18             FOLLOWING OFFENSES IF COMMITTED BY AN ADULT:
    19                     (I)  MURDER.
    20                     (II)  VOLUNTARY MANSLAUGHTER.
    21                     (III)  AGGRAVATED ASSAULT AS DEFINED IN 18
    22                 PA.C.S. § 2702(A)(1) OR (2) (RELATING TO
    23                 AGGRAVATED ASSAULT).
    24                     (IV)  ARSON AS DEFINED IN 18 PA.C.S. §
    25                 3301(A)(1) (RELATING TO ARSON AND RELATED
    26                 OFFENSES).
    27                     (V)  INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
    28                     (VI)  KIDNAPPING.
    29                     (VII)  RAPE.
    30                     (VIII)  ROBBERY AS DEFINED IN 18 PA.C.S. §
    20030H1222B3047                  - 6 -     

     1                 3701(A)(1)(I), (II) OR (III) (RELATING TO
     2                 ROBBERY).
     3                     (IX)  ROBBERY OF MOTOR VEHICLE.
     4                     (X)  ATTEMPT OR CONSPIRACY TO COMMIT ANY OF
     5                 THE OFFENSES IN THIS SUBPARAGRAPH.
     6         * * *
     7  § 6404.  DURATION OF COMMITMENT AND REVIEW.
     8     * * *
     9     (C)  DISCHARGE.--
    10         * * *
    11         (3)  WITHIN 15 DAYS AFTER [THE PETITION HAS BEEN FILED,]
    12     THE RECEIPT OF THE ASSESSMENT FROM THE BOARD, THE COURT SHALL
    13     HOLD A HEARING PURSUANT TO SECTION 6403(C). IF THE COURT
    14     DETERMINES [THE PERSON NO LONGER HAS SERIOUS DIFFICULTY
    15     CONTROLLING SEXUALLY VIOLENT BEHAVIOR, THE COURT SHALL ORDER
    16     THE DISCHARGE OF THE PERSON. IF THE COURT DENIES THE
    17     PETITION, THE PERSON SHALL BE SUBJECT TO THE REMAINDER OF THE
    18     PERIOD OF COMMITMENT.] BY CLEAR AND CONVINCING EVIDENCE THAT
    19     THE PERSON CONTINUES TO HAVE SERIOUS DIFFICULTY CONTROLLING
    20     SEXUALLY VIOLENT BEHAVIOR DUE TO A MENTAL ABNORMALITY OR
    21     PERSONALITY DISORDER THAT MAKES THE PERSON LIKELY TO ENGAGE
    22     IN AN ACT OF SEXUAL VIOLENCE, THE COURT SHALL ORDER THAT THE
    23     PERSON BE SUBJECT TO THE REMAINDER OF THE PERIOD OF
    24     COMMITMENT. OTHERWISE, THE COURT SHALL ORDER THE DISCHARGE OF
    25     THE PERSON.
    26         * * *
    27     Section 2 4.  Section 9763(c)(3) of Title 42, added September  <--
    28  30, 2003 (P.L.120, No.24), is amended to read:
    29  § 9763.  Sentence of intermediate punishment.
    30     * * *
    20030H1222B3047                  - 7 -     

     1     (c)  Restriction.--
     2         * * *
     3         (3)  If the defendant is determined not to be in need of
     4     drug and alcohol treatment, the defendant may only be
     5     sentenced to intermediate punishment:
     6             (i)  by house arrest [or] and electronic
     7         surveillance;
     8             (ii)  partial confinement programs, such as work
     9         release, work camps and halfway facilities; or
    10             (iii)  any combination of the programs set forth in
    11         this subsection.
    12     * * *
    13     SECTION 5.  SECTION 9795.4(B)(4) AND (H) OF TITLE 42, AMENDED  <--
    14  AUGUST 14, 2003 (P.L.97, NO.21), ARE AMENDED TO READ:
    15  § 9795.4.  ASSESSMENTS.
    16     * * *
    17     (B)  ASSESSMENT.--UPON RECEIPT FROM THE COURT OF AN ORDER FOR
    18  AN ASSESSMENT, A MEMBER OF THE BOARD AS DESIGNATED BY THE
    19  ADMINISTRATIVE OFFICER OF THE BOARD SHALL CONDUCT AN ASSESSMENT
    20  OF THE INDIVIDUAL TO DETERMINE IF THE INDIVIDUAL SHOULD BE
    21  CLASSIFIED AS A SEXUALLY VIOLENT PREDATOR. THE BOARD SHALL
    22  ESTABLISH STANDARDS FOR EVALUATIONS AND FOR EVALUATORS
    23  CONDUCTING THE ASSESSMENTS. AN ASSESSMENT SHALL INCLUDE, BUT NOT
    24  BE LIMITED TO, AN EXAMINATION OF THE FOLLOWING:
    25         * * *
    26         (4)  FACTORS THAT ARE SUPPORTED IN [A] THE SEXUAL
    27     OFFENDER ASSESSMENT [FILED] FIELD AS CRITERIA REASONABLY
    28     RELATED TO THE RISK OF REOFFENSE.
    29     * * *
    30     (H)  DELINQUENT CHILDREN.--EXCEPT WHERE SECTION 6358(B.1)
    20030H1222B3047                  - 8 -     

     1  (RELATING TO ASSESSMENT OF DELINQUENT CHILDREN BY THE STATE
     2  SEXUAL OFFENDERS ASSESSMENT BOARD) IS APPLICABLE, THE PROBATION
     3  OFFICER SHALL NOTIFY THE BOARD 90 DAYS PRIOR TO THE 20TH
     4  BIRTHDAY OF THE CHILD OF THE STATUS OF THE DELINQUENT CHILD WHO
     5  IS COMMITTED TO AN INSTITUTION OR OTHER FACILITY PURSUANT TO
     6  SECTION 6352 (RELATING TO DISPOSITION OF DELINQUENT CHILD) AFTER
     7  HAVING BEEN FOUND DELINQUENT FOR AN ACT OF SEXUAL VIOLENCE WHICH
     8  IF COMMITTED BY AN ADULT WOULD BE A VIOLATION OF 18 PA.C.S. §
     9  3121 (RELATING TO RAPE), 3123 (RELATING TO INVOLUNTARY DEVIATE
    10  SEXUAL INTERCOURSE), 3124.1 (RELATING TO SEXUAL ASSAULT), 3125
    11  (RELATING TO AGGRAVATED INDECENT ASSAULT), 3126 (RELATING TO
    12  INDECENT ASSAULT) OR 4302 (RELATING TO INCEST), TOGETHER WITH
    13  THE LOCATION OF THE FACILITY WHERE THE CHILD IS COMMITTED. THE
    14  BOARD SHALL CONDUCT AN ASSESSMENT OF THE CHILD, WHICH SHALL
    15  INCLUDE THE BOARD'S DETERMINATION OF WHETHER OR NOT THE CHILD IS
    16  IN NEED OF COMMITMENT DUE TO A MENTAL ABNORMALITY AS DEFINED IN
    17  SECTION 6402 (RELATING TO DEFINITIONS) OR A PERSONALITY
    18  DISORDER, EITHER OF WHICH RESULTS IN SERIOUS DIFFICULTY IN
    19  CONTROLLING SEXUALLY VIOLENT BEHAVIOR, AND PROVIDE A REPORT TO
    20  THE COURT [NO LATER THAN 90 DAYS AFTER THE CHILD'S 20TH
    21  BIRTHDAY] WITHIN THE TIME FRAMES SET FORTH IN SECTION 6358(C)
    22  (RELATING TO ASSESSMENT OF DELINQUENT CHILDREN BY THE STATE
    23  SEXUAL OFFENDERS ASSESSMENT BOARD). THE PROBATION OFFICER SHALL
    24  ASSIST THE BOARD IN OBTAINING ACCESS TO THE CHILD AND ANY
    25  RECORDS OR INFORMATION AS REQUESTED BY THE BOARD IN CONNECTION
    26  WITH THE ASSESSMENT. THE ASSESSMENT SHALL BE CONDUCTED PURSUANT
    27  TO SUBSECTION (B).
    28     Section 3 6.  The addition of 42 Pa.C.S. § 2737.1(b) is        <--
    29  intended to clarify and confirm the original intent of the
    30  General Assembly in adding 42 Pa.C.S. § 2737.1 in the act of
    20030H1222B3047                  - 9 -     

     1  December 20, 2000 (P.L.742, No.105), entitled "An act amending
     2  Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania
     3  Consolidated Statutes, further providing for the number of
     4  judges of the courts of common pleas in certain judicial
     5  districts; providing for reimbursement for common pleas court
     6  costs and for judgment by confession filed against incorrectly
     7  identified debtors; further providing for county judicial center
     8  or courthouse, for composition of investigating grand jury and
     9  for confidential communications with sexual assault counselors;
    10  providing for confidential communications to crime stopper or
    11  similar anticrime program; and further providing for exemption
    12  from attachment of retirement funds and accounts." To the extent
    13  necessary to clarify the meaning and interpretation of 42
    14  Pa.C.S. § 2737.1, the addition of 42 Pa.C.S.§ 2737.1(b) shall
    15  apply retroactively to causes of action which arose on or before
    16  the effective date of this section.
    17     Section 4.  This act shall take effect as follows:             <--
    18         (1)  This section shall take effect immediately.
    19         (2)  The amendment of 42 Pa.C.S. § 2737.1 shall take
    20     effect immediately.
    21         (3)  The amendment of 42 Pa.C.S. § 9763(c)(3) shall take
    22     effect February 1, 2004, or immediately, whichever is later.
    23         (4)  Section 3 of this act shall take effect immediately.
    24         (5)  The remainder of this act shall take effect in 60
    25     days.
    26     SECTION 7.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:             <--
    27         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    28     IMMEDIATELY:
    29             (I)  THIS SECTION.
    30             (II)  THE AMENDMENT OF 42 PA.C.S. § 2737.1.
    20030H1222B3047                 - 10 -     

     1             (III)  THE AMENDMENT OF THE DEFINITION OF "OTHER
     2         SPECIFIED OFFENSE" IN 42 PA.C.S. § 4703.
     3         (2)  THE AMENDMENT OF 42 PA.C.S. § 9763(C)(3) SHALL TAKE
     4     EFFECT FEBRUARY 1, 2004, OR IMMEDIATELY, WHICHEVER IS LATER.
     5         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
     6     DAYS.
















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