PRINTER'S NO. 1380
No. 1189 Session of 1983
INTRODUCED BY JACKSON, JUNE 13, 1983
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 1983
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 18
2 (Crimes and Offenses) of the Pennsylvania Consolidated
3 Statutes, adding provisions relating to district 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 a definition is added to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this title which are applicable to specific
12 provisions of this title, the following words and phrases when
13 used in this title shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
16 "District constable." A district constable elected or
17 appointed pursuant to Subchapter C of Chapter 29 (relating to
18 district constables).
1 * * *
2 "Officer enforcing orders." Includes:
3 (1) A recorder of deeds when the order affects the
4 ownership of an interest in property described or describable
5 by a document which has been or may be filed or recorded in
6 his office, or relates to the indexing of documents filed or
7 recorded in his office.
8 (2) A register of wills.
9 (3) A sheriff.
10 (4) A district constable.
11 * * *
12 Section 2. Subchapter C of Chapter 29 of Title 42 is
13 repealed and a subchapter is added to read:
14 CHAPTER 29
15 OFFICERS SERVING PROCESS AND
16 ENFORCING ORDERS
17 * * *
18 SUBCHAPTER C
19 DISTRICT CONSTABLES
20 Sec.
21 2941. Definitions and scope.
22 2942. District constable selection.
23 2943. Qualifications for office.
24 2944. Vacancies in office.
25 2945. Compatible and incompatible offices and activities.
26 2946. Training.
27 2947. Deputy district constables.
28 2948. Election day appointments and duties of special deputies.
29 ADMINISTRATIVE MATTERS
30 2951. Priority of district constable business.
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1 2952. Records.
2 2953. Registration and identification cards.
3 2954. Uniform.
4 2955. Bonds.
5 POWERS AND DUTIES
6 2961. Service of process.
7 2962. Police powers in certain municipalities.
8 2963. Transportation of prisoners and mental patients.
9 2964. Protection of district justice.
10 2965. Acceptance of security for appearance.
11 2966. Recovery of certain vehicle registration cards, plates
12 and licenses.
13 2967. Authority to carry and use a firearm.
14 COMPENSATION AND EXPENSES
15 2971. Compensation and expenses generally.
16 2972. Specific fees.
17 2973. Fee assessment.
18 § 2941. Definitions and scope.
19 (a) Definitions.--The following words and phrases when used
20 in this subchapter shall have the meanings given to them in this
21 section unless the context clearly indicates otherwise:
22 "Deputy." A deputy district constable appointed under the
23 provisions of section 2947 (relating to deputy district
24 constables).
25 "President judge." The president judge of the judicial
26 district embracing the magisterial district in which a district
27 constable or a deputy was elected or appointed.
28 "Training." Any course of education, instruction and
29 training and any examination taken in connection therewith,
30 provided for in section 2946 (relating to training).
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1 (b) Territorial scope.--The provisions of this subchapter
2 shall apply throughout this Commonwealth except in the first
3 judicial district.
4 § 2942. District constable selection.
5 District constables shall be elected at a municipal election
6 for a term of six years, in the manner provided by the act of
7 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
8 Election Code.
9 § 2943. Qualifications for office.
10 (a) General requirements.--Every candidate for the office of
11 district constable shall be a citizen of this Commonwealth at
12 least 21 years of age and shall be a resident of the magisterial
13 district for which he files for election or is appointed.
14 (b) Physical and mental examination.--Every district
15 constable shall pass a physical and mental examination prior to
16 receiving his commission. The standards for and content of such
17 examination shall be established by the Administrative Office.
18 § 2944. Vacancies in office.
19 (a) Disqualification and removal from office.--
20 (1) A person convicted of a felony or misdemeanor shall
21 be disqualified from filing for or holding the office of
22 district constable or deputy.
23 (2) A district constable or a deputy convicted of a
24 felony or misdemeanor while in office shall be suspended from
25 the exercise of his powers and the performance of his duties
26 upon initial conviction. The suspension shall result in
27 immediate removal from office if the conviction becomes final
28 on appeal or otherwise and the resulting vacancy shall be
29 filled pursuant to subsection (b). If the district constable
30 or deputy is acquitted, the suspension shall be vacated.
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1 (3) A district constable or a deputy may be removed from
2 office by the president judge if after a hearing the district
3 constable or deputy is found to be incompetent or is found to
4 be in violation of any rule or regulation of the governing
5 authority relating to Standards of Conduct of Constables or
6 is found to be negligent in performing his duties including,
7 but not limited to, refusal to serve process within a
8 reasonable time for the district justice in his magisterial
9 district.
10 (b) Filling of vacancies.--Vacancies in the office of
11 district constable shall be filled by the president judge who
12 shall appoint a qualified person to fill the vacancy, giving
13 first consideration to any deputies of the magisterial district.
14 § 2945. Compatible and incompatible offices and activities.
15 (a) Compatible activities.--Nothing in this title or any
16 other statute shall be construed to prohibit a district
17 constable or a deputy in his capacity as a private citizen from
18 engaging in the following activities:
19 (1) School security duties.
20 (2) Municipal security duties.
21 (3) Traffic duty at special events.
22 (b) Incompatible offices and activities.--The following
23 offices and activities are incompatible with the office of
24 district constable and deputy district constable:
25 (1) District attorney or assistant district attorney.
26 (2) Sheriff.
27 (3) County treasurer.
28 (4) Any election officer.
29 (5) Private detective.
30 (6) Police officer except as provided in section 2962
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1 (relating to police powers in certain municipalities).
2 (7) Private collection agent.
3 (8) Bail bondsman.
4 § 2946. Training.
5 (a) Course of training.--Every district constable shall
6 complete a course of training in the duties of his office as
7 prescribed by the Administrative Office and shall successfully
8 pass an examination prior to assuming the duties of office if
9 elected for a full term or within nine months after being
10 elected for an unexpired term or upon taking office pursuant to
11 an appointment to fill a vacancy.
12 (b) Time and manner of training.--The Administrative Office
13 shall conduct the training at such times, at such places and in
14 such manner as it shall prescribe to assure that any district
15 constable to be elected or appointed may qualify to assume
16 office as soon as possible.
17 (c) Admission of interested persons.--In addition to those
18 persons required by this subchapter to complete the course of
19 training and successfully pass an examination, any interested
20 person may apply to the Administrative Office to be enrolled in
21 the course of training and take the examination, subject to such
22 regulations as the Administrative Office may prescribe. Such
23 regulations shall include but not be limited to a reasonable fee
24 for the training and examination. The fee shall be reimbursed if
25 the examinee is elected or appointed to the office of district
26 constable within one year after successful completion of the
27 course of training and examination.
28 (d) Completion of training.--Upon successful completion of
29 the course of training and examination, the Administrative
30 Office shall issue a certificate certifying that the examinee is
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1 qualified to perform the duties imposed by this subchapter. Such
2 certificate shall be filed in the office of the clerk of the
3 court of common pleas of the judicial district embracing the
4 magisterial district for which the district constable was
5 elected or appointed. An elected or appointed district constable
6 who fails to obtain and file such certificate in the appropriate
7 office within nine months after his election or appointment
8 shall forfeit his office and such vacancy shall be filled as
9 provided in section 2944 (relating to vacancies in office).
10 (e) Firearms training.--
11 (1) Every district constable shall complete a course of
12 training in the use of firearms and shall successfully pass
13 an examination within one year after his election or
14 appointment, absent which he shall not carry or use a firearm
15 in the performance of his duties. A district constable may in
16 the course of his duties carry and use a firearm during the
17 one-year period while pursuing the course of training upon
18 receipt of written approval of the president judge.
19 (2) The course of training shall include at least 35
20 hours of training provided by the State Police or at a school
21 certified by the State Police for such purposes consistent
22 with the training program provided for under the act of
23 October 10, 1974 (P.L.705, No.235), known as the Lethal
24 Weapons Training Act.
25 (3) The Administrative Office may waive the requirements
26 of paragraphs (1) and (2) or any portion thereof if the
27 district constable demonstrates that he has successfully
28 completed a comparable training program.
29 (f) Expenses of training.--The expenses of training and
30 examinations required by this subchapter shall be paid by the
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1 Commonwealth except as provided in subsection (c).
2 § 2947. Deputy district constables.
3 (a) Qualifications.--A deputy shall be subject to the
4 requirements of sections 2943 (relating to qualifications for
5 office) and 2946 (relating to training) and shall present
6 evidence to the president judge of having fulfilled those
7 requirements prior to receiving his commission. A deputy so
8 appointed shall be the agent of the district constable who
9 appointed him and shall be regulated and supervised by said
10 district constable.
11 (b) Powers, duties, restrictions and liabilities.--A deputy
12 shall have the same powers and duties and be subject to the same
13 restrictions and liabilities as a district constable except that
14 a deputy may not nominate for appointment or appoint a deputy
15 nor may he exercise the powers authorized in section 2962
16 (relating to police powers in certain municipalities). A deputy
17 shall serve or execute only such process as is assigned to him
18 for service or execution by the district constable who appointed
19 him.
20 § 2948. Election day appointments and duties of special
21 deputies.
22 (a) Appointment.--Notwithstanding the provisions of section
23 2947 (relating to deputy district constables), upon request of
24 the county board of elections, one special deputy per election
25 district may be appointed without court approval to perform
26 appropriate duties and preserve the peace at polling places on
27 election day. The appointment of such special deputies shall
28 expire at the completion of the counting of the votes in the
29 election district.
30 (b) Powers.--The powers of such special deputies shall
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1 include only those powers granted to district constables
2 generally regarding elections. Special deputies for election day
3 duty shall not be subject to the requirements of section 2946
4 (relating to training).
5 (c) Restrictions.--A special deputy appointed under this
6 section, a district constable or a deputy, whether in uniform or
7 in civilian clothes, shall not be present within 100 feet of a
8 polling place during the conduct of any primary or election
9 unless in the exercise of his privilege of voting or for the
10 purpose of serving warrants or unless called upon to preserve
11 the peace. A special deputy appointed under this section, a
12 district constable or a deputy while on duty at a polling place
13 shall not use or practice any intimidation, threats, force or
14 violence nor in any manner, unduly influence any elector or
15 prevent him from voting or restrain his freedom of choice, nor
16 may any of such persons directly or indirectly attempt to
17 influence the election or electors. While on duty at a polling
18 place, a special deputy appointed under this section, a district
19 constable or a deputy shall not carry or use a firearm.
20 ADMINISTRATIVE MATTERS
21 § 2951. Priority of district constable business.
22 A district constable shall devote the time necessary for the
23 prompt and proper disposition of the business of his office,
24 which shall be given priority over any other occupation,
25 business, profession, pursuit or activity.
26 § 2952. Records.
27 Every district constable shall maintain accurate records of
28 the functions performed by him and his deputies. Such records
29 shall be open for inspection by the president judge and as
30 otherwise provided or prescribed by law. Section 4301(b)
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1 (relating to establishment and maintenance of judicial records)
2 shall apply to records maintained under this section.
3 § 2953. Registration and identification cards.
4 Every district constable and deputy shall be registered in
5 the Administrative Office and shall carry with him while on
6 official duties an identification card issued by the
7 Administrative Office.
8 § 2954. Uniform.
9 A district constable or a deputy may wear a uniform when
10 engaged in the duties of his office. A district constable or a
11 deputy shall not wear a uniform when acting in a private
12 capacity. The Administrative Office shall prescribe the
13 specifications for a standard uniform.
14 § 2955. Bonds.
15 Every district constable and every deputy shall give bond to
16 the Commonwealth in the amount and with a surety approved by the
17 president judge. Such bond shall be conditioned on the just and
18 faithful discharge by the district constable or the deputy of
19 the duties of his office. Such bonds shall be held for the use
20 and benefit of any person who may sustain damage by reason of
21 neglect of or improper performance of official duties by the
22 deputy or the district constable. Any other bond required of a
23 district constable or a deputy under section 1724(a)(8)
24 (relating to personnel of the system) shall be paid for by the
25 county. All such bonds shall be filed with the clerk of the
26 court of common pleas of the judicial district embracing the
27 magisterial district for which the district constable or deputy
28 is elected or appointed.
29 POWERS AND DUTIES
30 § 2961. Service of process.
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1 (a) General power.--A district constable is authorized to
2 serve and execute any lawful civil, criminal or administrative
3 process issued by a district justice and any other process
4 except process which must be served or executed by a sheriff or
5 a deputy sheriff pursuant to general rules. Process issued by a
6 district justice shall be served or executed in the manner
7 prescribed by general rules.
8 (b) Civil and administrative process.--Civil and
9 administrative process issued by a district justice may be
10 served by a district constable within the judicial district
11 embracing the magisterial district for which he is elected or
12 appointed regardless of where such process was originally
13 issued.
14 (c) Criminal process.--Criminal process issued by a district
15 justice may be served by a district constable anywhere in this
16 Commonwealth when the process is issued by a district justice of
17 the judicial district in which the district constable is elected
18 or appointed. A district constable is authorized to serve any
19 criminal process within his judicial district regardless of
20 where such process was originally issued.
21 (d) Transfer of process for service outside the judicial
22 district.--Process for service on persons residing in a judicial
23 district other than the judicial district where the process
24 issued may be transferred by a district justice to the
25 appropriate district constable. Notwithstanding section 2941(b)
26 (relating to territorial scope), process for service in the
27 first judicial district may be transferred by a district justice
28 to the Philadelphia Municipal Court or the Traffic Court of
29 Philadelphia for service and from these courts to the
30 appropriate district justice.
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1 § 2962. Police powers in certain municipalities.
2 (a) General rule.--A municipality that has no organized
3 municipal police force may formally appoint as a police officer
4 the appropriate district constable as provided by law. A
5 district constable acting pursuant to such appointment shall
6 have all the powers and duties and be subject to the same
7 restrictions and liabilities as a police officer would have in
8 the municipality if it had an organized police force.
9 (b) Certification required.--A district constable shall not
10 perform police duties pursuant to this section unless such
11 district constable has been certified pursuant to the act of
12 June 18, 1974 (P.L.359, No.120), referred to as the Municipal
13 Police Education and Training Law.
14 § 2963. Transportation of prisoners and mental patients.
15 When directed by a district justice or a court, a district
16 constable shall have authority to transport prisoners and mental
17 patients. At least two district constables or one district
18 constable and a deputy or two deputies shall be employed when
19 transporting prisoners or mental patients. Constables may refuse
20 to transport mental patients.
21 § 2964. Protection of district justice.
22 Upon the request of and a showing of sufficient cause by the
23 district justice to the president judge, and subject to the
24 approval of the president judge, a district constable or a
25 deputy shall provide personal protection to the district
26 justice.
27 § 2965. Acceptance of security for appearance.
28 In summary cases a district constable is authorized to accept
29 security for the appearance of a defendant before a district
30 justice.
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1 § 2966. Recovery of certain vehicle registration cards,
2 plates and licenses.
3 A district constable shall take possession of expired,
4 suspended or revoked vehicle registration cards, plates and
5 licenses upon receipt of a written order from the Department of
6 Transportation.
7 § 2967. Authority to carry and use a firearm.
8 Except as otherwise provided in section 2948(c) (relating to
9 election day appointments and duties of special deputies) a
10 district constable is authorized to carry and use a firearm in
11 the performance of his official duties upon the successful
12 completion of the requirements set forth in section 2946
13 (relating to training). A district constable shall be subject to
14 the same requirements and statutes provided for police officers
15 in regard to licensing and registration of firearms.
16 COMPENSATION AND EXPENSES
17 § 2971. Compensation and expenses generally.
18 (a) Policies and procedures relating to fees.--The
19 Administrative Office shall establish policies and procedures
20 for the collection and payment of the fees of district
21 constables. Such procedures shall include but not be limited to
22 providing adequate auditing and accounting procedures as to
23 fines, costs and fees paid to and collected by district justices
24 and district constables. Fees shall be subject to section 3502
25 (relating to financial regulations) applicable to system and
26 related personnel other than county staff.
27 (b) Compensation of district constables.--A district
28 constable shall be compensated for his services by the payment
29 of fees authorized pursuant to this section and section 2972
30 (relating to specific fees).
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1 (c) Form of payment.--A district constable is authorized to
2 accept cash, check or money order from the district justice in
3 payment for his services. A written receipt shall be provided
4 for any payment received.
5 (d) Additional hourly compensation.--In addition to the fees
6 authorized in section 2972 for specific services, the
7 Administrative Office may promulgate regulations authorizing
8 payment to district constables at an hourly rate not to exceed
9 $7.50 per hour for designated services and functions not
10 otherwise specified in this subchapter.
11 (e) Multiple service of process.--In criminal and civil
12 cases when multiple processes are served, a district constable
13 shall be paid for each process served even though service may be
14 performed at one time. The district constable shall be paid only
15 one travel allowance or expense fee, except in those instances
16 when multiple trips are required and approved by the court or
17 the district justice.
18 (f) Services performed by more than one district constable
19 or deputy.--When a service is performed by more than one
20 district constable or deputy under authorization of the district
21 justice or the president judge, the compensation provided in
22 section 2972 shall be paid to each district constable and deputy
23 performing the service.
24 (g) Service of process by mail.--When service of process is
25 authorized and made by mail, the costs of postage shall be
26 advanced by the party commencing the action or proceeding.
27 (h) Payment for services performed.--A district constable
28 shall be compensated according to the fees provided for in this
29 subchapter, payment to be made by the district justice within 30
30 days from the time the district justice receives payment for the
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1 service performed. Neither the governing authority nor any court
2 or district justice shall suspend the compensation and travel
3 expenses for services performed by a district constable. Where
4 the related fee is suspended or is not collected by the district
5 justice within 90 days of the performance of the service, the
6 compensation and travel expenses provided for by this subchapter
7 shall be paid to the district constable by the county.
8 (i) Reimbursement for expenses of travel.--
9 (1) A district constable shall be paid a minimum fee of
10 $2.50 as a travel allowance or for actual mileage traveled at
11 the rate of 22¢ per mile circular, whichever is greater.
12 Actual mileage traveled shall be computed by using the office
13 of the district justice as the starting point and computing
14 the distance from that office to the first service stop made
15 by the district constable and by adding the distance from the
16 first service stop to the second service stop and so forth to
17 all subsequent service stops. The termination point shall be
18 the office of the district justice.
19 (2) A district constable shall be paid travel expenses
20 incurred not to exceed actual expenses if travel is by means
21 other than motor vehicle.
22 (j) Compensation and expenses of deputies.--A district
23 constable shall be entitled to receive all fees and expenses
24 payable as a result of services performed by deputies appointed
25 by him. A district constable shall be responsible for the
26 payment of compensation and expenses to deputies appointed by
27 him pursuant to an agreement made between the district constable
28 and such deputies. A district constable shall compensate the
29 deputy in an amount not less than a sum equal to 80% of the fee
30 collected for the services performed. Compensation and expenses
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1 due to a deputy for services performed by him shall be paid to
2 him by the district constable who appointed him within the
3 calendar month following receipt of payment by the district
4 constable.
5 § 2972. Specific fees.
6 The fees to be charged and received by district constables
7 are as follows:
8 (1) The sum of $12 for performing any of the following
9 services:
10 (i) Executing a warrant on behalf of the
11 Commonwealth or a political subdivision.
12 (ii) Taking a defendant before a district justice
13 for the purpose of making bail or security.
14 (iii) Taking a defendant before an issuing authority
15 where the defendant cannot pay, or where no fine or costs
16 are stated on the warrant or for arraignment.
17 (iv) Conveying a defendant to jail on mittimus or
18 warrant or order of the court or a district justice or
19 because a judge or a district justice is not available.
20 (v) Taking a defendant before a district justice
21 from prison or jail.
22 (vi) Executing a search warrant and making return
23 thereof.
24 (vii) Serving an order for possession of real
25 estate.
26 (2) The sum of $6 for performing any of the following
27 services:
28 (i) Executing a discharge to a jailer.
29 (ii) Accepting security in a summary case unless
30 given at the time of and in connection with the service
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1 of a warrant.
2 (3) The following amounts for performing the following
3 services:
4 (i) Transporting a prisoner from another judicial
5 district to the issuing authority within the home
6 district of the district constable for hearing or
7 arraignment, the sum of $20 per district constable if
8 within 50 miles or $50 per district constable if more
9 than 50 miles.
10 (ii) Appearing as a witness at a hearing on a
11 summary citation or a misdemeanor case, the sum of $7.50
12 per hour or fraction thereof, with a minimum of $7.50.
13 (iii) Appearing in court when served with a subpoena
14 or summoned, the sum of $7.50 per hour or fraction
15 thereof, with a minimum of $7.50.
16 (iv) Serving a subpoena in civil and criminal cases
17 or judicial notice of hearing in any civil case, the sum
18 of $6 for the first witness or defendant, plus $2 for
19 each additional witness or defendant at the same address.
20 (v) Serving an order of execution, the sum of $7.50.
21 (vi) Levying on goods, including the preparation of
22 a schedule of property levied upon and set aside at each
23 address, the sum of $20.
24 (vii) Posting notice of levy at each address levied,
25 $5 per notice, the total per levy not to exceed $15.
26 (viii) Posting notice of sale, each notice $5, a
27 maximum not to exceed $10.
28 (ix) Advertising sale of personal property of
29 defendant by posting handbills, the sum of $5.
30 (x) Acting as clerk at sale, the sum of $15.
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1 (xi) Holding sale, 3% on all proceeds or $20,
2 whichever is greater.
3 (xii) Forcing ejectment on order for possession of
4 real estate, the sum of $30.
5 (xiii) Making return of not found on any process and
6 certification of return, the sum of $2.
7 (xiv) Transporting mental patients within the
8 judicial district the sum of $20, or if outside the
9 judicial district, the sum of $40.
10 (xv) Recovering an expired, suspended or revoked
11 vehicle registration or license, the flat sum of $9 plus
12 a travel allowance for actual mileage traveled at the
13 rate of 22¢ per mile circular.
14 (4) Other services:
15 (i) In those instances where a service is performed
16 by more than one district constable or with the
17 assistance of deputies, each district constable shall be
18 required to collect sufficient fees to compensate himself
19 and each deputy at the fee provided for that service.
20 (ii) Special deputy district constables for election
21 day duties under section 2948 (relating to election day
22 appointments and duties of special deputies) shall
23 receive compensation which is the same as that payable to
24 inspectors and clerks as provided by the act of June 3,
25 1937 (P.L.1333, No.320), known as the Pennsylvania
26 Election Code. Such compensation shall be paid by the
27 county.
28 (iii) Services not herein specifically provided for
29 shall be compensated at the same rate or in the same
30 amount as for similar services specified in this section.
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1 § 2973. Fee assessment.
2 An additional fee of $2, which fee shall not be suspended,
3 shall be charged to all persons on whom criminal process is
4 served, unless acquitted, which fee shall be transmitted as
5 follows:
6 (1) One dollar to the Commonwealth for its General Fund.
7 (2) One dollar to the county in which the district
8 constable or deputy who served the process is located as
9 reimbursement for the expenses of judicial administration.
10 Section 3. The initial election for the office of district
11 constable shall take place at the municipal election next
12 following one year after the effective date of this act.
13 Section 4. (a) Any constable or deputy constable in office
14 on the effective date of this act may complete the remainder of
15 his term, at the completion of which his office is abolished.
16 (b) The office of any constable or deputy constable who
17 shall die, resign, retire, be removed or suspended, or be
18 appointed or elected to the office of district constable, is
19 abolished on the date of such death, resignation, retirement,
20 removal, suspension, appointment or election.
21 (c) Any constable or deputy constable holding office under
22 former provisions of law on the effective date of this act shall
23 be subject to the provisions of this act, except the following
24 provisions:
25 42 Pa.C.S. § 2943 (relating to qualifications for
26 office).
27 42 Pa.C.S. § 2946 (relating to training).
28 42 Pa.C.S. § 2947 (relating to deputy district
29 constables).
30 (d) Any person who served for six consecutive years as a
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1 constable or deputy constable during the period immediately
2 preceding the effective date of this act shall be exempt from
3 the training requirements of 42 Pa.C.S. Ch. 29 Subch. C
4 (relating to district constables). Any constable or deputy
5 constable who fulfills the requirements for exemption shall be
6 certified exempt by the Administrative Office.
7 Section 5. Title 18 is amended by adding a section to read:
8 § 5112. Unlawful acts relative to district constables.
9 A person who forcibly obstructs, resists or opposes a
10 district constable or deputy in serving or attempting to serve
11 or execute any legal process or order or in making a lawful
12 arrest with or without a warrant or who assaults a district
13 constable or deputy in serving or executing any legal process or
14 order or because the district constable or deputy served or
15 executed the legal process or order or rescues another in legal
16 custody commits a misdemeanor of the third degree and shall be
17 subject to arrest on view by a district constable, a deputy or
18 other authorized peace office.
19 Section 6. The following acts or parts of acts are repealed:
20 Act of March 1, 1799 (3 Sm.L.354, Ch.2012), entitled "A
21 supplement to the act, entitled 'An Act to extend the powers of
22 the Justices of the Peace of this state.'"
23 Sections 12 and 19 of the act of March 20, 1810 (P.L.208,
24 No.132), entitled "An act to amend and consolidate with its
25 Supplements, the Act entitled 'An act for the recovery of debts
26 and demands, not exceeding one hundred dollars, before a Justice
27 of the Peace, and for the election of Constables, and for other
28 purposes.'"
29 Act of January 21, 1814 (P.L.28, No.9), entitled "An act
30 allowing compensation to constables for attending the several
19830H1189B1380 - 20 -
1 courts within this Commonwealth."
2 Sections 3 and 7 of the act of March 4, 1824 (P.L.32, No.31),
3 entitled "A supplement to the act entitled 'An act laying a duty
4 on the retailers of Foreign Merchandise.'"
5 Section 3 of the act of April 12, 1825 (P.L.247, No.132),
6 entitled "An act more effectually to secure the collection of
7 the revenue from tavern licenses, and for other purposes."
8 Act of April 24, 1829 (P.L.369, No.216), entitled "A further
9 supplement to the act entitled An act to amend and consolidate
10 with its supplements, the act entitled 'An act for the recovery
11 of debts and demands not exceeding one hundred dollars before a
12 justice of the peace, and for the election of constables, and
13 for other purposes.'"
14 Sections 107, 108, 109, 110, 111, 112, 113, 114 and 116 of
15 the act of April 15, 1834 (P.L.537, No.247), entitled "An act
16 relating to counties and townships, and county and township
17 officers."
18 Section 14 of the act of May 27, 1841 (P.L.400, No.141),
19 entitled "An act relating to the Election of County Treasurers,
20 and for other purposes."
21 Act of April 10, 1848 (P.L.441, No.319), entitled "An act
22 relative to certain suits pending in the court of common pleas
23 of Blair county, providing for service of process against
24 sheriffs and their sureties, and for other purposes."
25 Section 3 of the act of April 9, 1849 (P.L.508, No.347),
26 entitled "An act relative to supervisors in Franklin county; to
27 elections of constables; to school district in Jefferson county;
28 to voting in Mifflin county; to the extension of certain road
29 laws in Susquehanna county; to the West Chester turnpike road in
30 Delaware county; to prevent the destruction of fish in Somerset
19830H1189B1380 - 21 -
1 county; to township line in Mercer county; to East Brunswick
2 school district in Schuylkill county; to Casely ferry in Warren
3 county; and to hawkers and pedlers in Lancaster county."
4 Section 19 of the act of April 22, 1850 (P.L.549, No.342),
5 entitled "A supplement to an act, entitled, 'An Act to prevent
6 waste in certain cases within this commonwealth,' passed the
7 twenty-ninth day of March, one thousand eight hundred and
8 twenty-two; to land and building associations; giving the court
9 of Susquehanna county jurisdiction in a certain case; relative
10 to the service of process in certain cases; to party walls in
11 West Philadelphia; to the proof of a certain will; to the sale
12 and purchase of certain burial grounds in Philadelphia; to the
13 laying of gas pipes in the district of Moyamensing; to the
14 release of certain sureties in Erie county; to the State Lunatic
15 hospital; relative to the service of process against sheriffs;
16 to the rights of married women; to ground rents; and relating to
17 foreign insurance companies."
18 Section 17 of the act of April 3, 1851 (P.L.320, No.218),
19 entitled "An act regulating boroughs."
20 Act of April 21, 1855 (P.L.283, No.297), entitled "An act
21 establishing Fees for Commitments to Houses of Refuge."
22 Act of March 30, 1858 (P.L.185, No.221), entitled "An act
23 relative to Constables in the city of Philadelphia."
24 Act of April 5, 1860 (P.L.671, No.585), entitled "An act
25 supplementary to an act to regulate the sale of Intoxicating
26 Liquors, approved April twentieth, one thousand eight hundred
27 and fifty-eight."
28 Act of March 18, 1864 (P.L.60, No.60), entitled "A supplement
29 to an act incorporating the city of Philadelphia."
30 Act of March 12, 1866 (P.L.182, No.154), entitled "An act
19830H1189B1380 - 22 -
1 relative to duties and powers of constables and railroad
2 conductors, in the counties of Erie, Crawford, Luzerne,
3 Susquehanna and Pike."
4 Act of March 12, 1866 (P.L.190, No.164), entitled "An act
5 relating to the constables of the county of Chester."
6 Act of March 21, 1866 (P.L.259, No.240), entitled "An act
7 supplementary to an act, passed the twenty-first day of
8 February, Anno Domini one thousand seven hundred and sixty-
9 seven, relative to vagrants."
10 Act of March 19, 1869 (P.L.441, No.419), entitled "An act to
11 repeal all laws that require constables of the several townships
12 and boroughs of the counties of Bradford and Susquehanna to make
13 returns to the several courts of said counties, and also
14 providing that the several townships and boroughs shall pay the
15 constables for attendance on elections."
16 Act of February 26, 1872 (P.L.155, No.152), entitled "An act
17 relating to the constables of Delaware county."
18 Act of May 10, 1878 (P.L.51, No.72), entitled "A supplement
19 to an act, entitled 'An act to prescribe the manner in which the
20 courts may divide boroughs into wards,' approved the fourteenth
21 day of May, Anno Domini one thousand eight hundred and seventy-
22 four."
23 Act of February 12, 1889 (P.L.3, No.1), entitled "An act to
24 provide for the commencement of the terms of office of
25 councilmen, constables and school directors in new wards, when
26 erected in cities of the first class under existing laws and
27 where the several wards constitute separate school districts, to
28 provide for the supervision of the public schools in such new
29 wards until the organization of the board of school directors of
30 the new school section, and to provide for the term of
19830H1189B1380 - 23 -
1 councilmen and constables already elected by the voters of the
2 old ward."
3 Act of February 14, 1889 (P.L.6, No.5), entitled "An act to
4 authorize the election of constables for three years."
5 Act of May 4, 1889 (P.L.83, No.79), entitled "An act to
6 authorize the election of constables for three years in cities
7 of the second and third class."
8 Act of June 4, 1897 (P.L.121, No.101), entitled "An act
9 relating to boroughs, providing a method of procedure for
10 violations of law and borough ordinances, and for the collection
11 of the fines and penalties imposed for said violations."
12 Section 2 of the act of July 14, 1897 (P.L.266, No.209),
13 entitled "An act to regulate the remuneration of policemen and
14 constables employed as policemen throughout the Commonwealth of
15 Pennsylvania, and prohibiting them from charging or accepting
16 any fee or other compensation, in addition to their salary,
17 except as public rewards and mileage for traveling expenses."
18 Act of February 17, 1899 (P.L.3, No.1), entitled "An act to
19 fix, regulate and establish the fees to be charged and received
20 by constables in this Commonwealth."
21 Act of May 2, 1901 (P.L.131, No.98), entitled "An act to fix,
22 regulate and establish the fees to be charged and received by
23 constables in this Commonwealth for executing an order of relief
24 of a pauper."
25 Act of July 2, 1901 (P.L.609, No.305), entitled "An act
26 authorizing, empowering and directing the county commissioners
27 of the several counties of this Commonwealth to pay to the
28 constables of their respective counties, for the services
29 rendered by such constables in making returns to the court, and
30 for attending general, special, borough, township or ward
19830H1189B1380 - 24 -
1 elections, and traveling expenses incident thereto, since the
2 first day of January, Anno Domini one thousand eight hundred and
3 ninety-seven, in all cases where the same remain unpaid."
4 Act of April 25, 1905 (P.L.309, No.214), entitled "An act
5 authorizing policemen to hold and exercise the office of
6 constables."
7 Act of April 23, 1909 (P.L.151, No.104), entitled "An act
8 fixing the fees to be received by constables in this
9 Commonwealth."
10 Act of June 9, 1911 (P.L.727, No.299), entitled "An act
11 authorizing the election in first class townships of an
12 additional constable, and fixing his term."
13 Act of June 19, 1913 (P.L.534, No.342), entitled "An act
14 relating to appointment of deputy constables."
15 Act of July 20, 1917 (P.L.1158, No.401), entitled "An act to
16 fix, regulate, and establish the fees to be charged and received
17 by constables in this Commonwealth."
18 Act of May 31, 1919 (P.L.357, No.171), entitled "An act
19 relating to the duties of constables in certain counties;
20 prohibiting them from making returns to the court of quarter
21 sessions in certain cases; authorizing the court to direct
22 investigations and reports by constables, and fixing their
23 compensation in such cases."
24 Section 14 of the act of June 28, 1923 (P.L.903, No.348),
25 entitled "A supplement to an act, approved the fourteenth day of
26 May, one thousand nine hundred and fifteen (Pamphlet Laws, three
27 hundred and twelve), entitled 'An act providing a system for
28 government of boroughs, and revising, amending, and
29 consolidating the law relating to boroughs'; so as to provide a
30 system of government where a borough now has annexed or
19830H1189B1380 - 25 -
1 hereafter shall annex land in an adjoining county, including
2 assessment of property, levying and collection of taxes, making
3 municipal improvements, and filing and collecting of liens for
4 the same; the jurisdiction of courts for the enforcement of
5 borough ordinances and State laws, and primary, general,
6 municipal, and special elections; and repealing inconsistent
7 laws."
8 Act of April 6, 1925 (P.L.155, No.113), entitled "An act
9 providing constables' fees for service of writs in juvenile
10 cases."
11 Act of March 20, 1929 (P.L.32, No.32), entitled "An act
12 providing for the filling of vacancies in the office of
13 constable in any borough, town, ward of any city, borough, or
14 town or township of this Commonwealth."
15 As much as reads as follows: "shall be ex-officio constables
16 of the city, and" of section 2005 of the act of June 23, 1931
17 (P.L.932, No.317), known as The Third Class City Code.
18 As much as reads as follows: "constable and" of the second
19 sentence of section 1401 of the act of June 24, 1931 (P.L.1206,
20 No.331), known as The First Class Township Code.
21 Act of February 28, 1933 (P.L.5, No.3), entitled "An act
22 relating to constables' returns to the court of quarter
23 sessions."
24 First and second sentences of section 1207 of the act of June
25 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
26 Code.
27 Act of May 26, 1943 (P.L.637, No.280), entitled "An act
28 providing that the terms of constables hereafter elected in
29 cities of the second, second class A and third classes, boroughs
30 and townships, shall be for six years."
19830H1189B1380 - 26 -
1 As much as reads as follows: "constables, aldermen and" of
2 section 234 and as much as reads as follows: "; who shall be ex
3 officio constables of the borough," of the first sentence and
4 all of the second paragraph of section 1121; and section 1126 of
5 the act of February 1, 1966 (1965 P.L.1656, No.581), known as
6 The Borough Code.
7 Section 2(k) of the act of April 28, 1978 (P.L.202, No.53),
8 known as the Judiciary Act Repealer Act.
9 Section 7. (a) The following acts or parts of acts are
10 repealed insofar as they relate to the office and duties of
11 constables, deputy constables, district constables and deputy
12 district constables as provided by this act:
13 Act of May 3, 1850 (P.L.666, No.390), entitled "An act
14 regulating the municipal and other elections in the city of
15 Philadelphia, and to establish an uniform system of police for
16 the city of Philadelphia and the districts of Southwark,
17 Moyamensing, Spring Garden, Penn Township, the incorporated
18 Northern Liberties and Kensington."
19 Act of April 24, 1885 (P.L.9, No.11), entitled "An act to
20 amend an act, entitled 'An act to provide for the destruction,
21 and to prevent the spread of Canada thistles,' approved the
22 twenty-second day of March, Anno Domini one thousand eight
23 hundred and sixty-two."
24 Section 4 of the act of May 11, 1927 (P.L.968, No.461),
25 entitled "An act to provide for the licensing and regulation of
26 public dance halls and ballrooms, and for the regulation and
27 supervision of public dances and balls, in townships."
28 (b) Sections 1220, 1811, 1821 and 1822 of the act of June 3,
29 1937 (P.L.1333, No.320), known as the Pennsylvania Election
30 Code, are repealed insofar as they confer powers or impose
19830H1189B1380 - 27 -
1 duties on district constables or deputy district constables,
2 except special deputy constables appointed under 42 Pa.C.S. §
3 2948 (relating to election day appointments and duties of
4 special deputies).
5 Section 8. This act shall take effect in 60 days.
B16L42RW/19830H1189B1380 - 28 -