PRIOR PRINTER'S NO. 3334 PRINTER'S NO. 3573
No. 2538 Session of 1978
INTRODUCED BY MESSRS. DOYLE, STAPLETON, O'KEEFE, LYNCH, PRATT,
MRS. TAYLOR, MESSRS. GARZIA AND DiCARLO, JUNE 5, 1978
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 11, 1978
AN ACT
1 Relating to the office of constable. <--
2 TABLE OF CONTENTS <--
3 Chapter 1. Preliminary Provisions
4 Section 101. Short title.
5 Section 102. Application.
6 Section 103. Definitions.
7 Chapter 2. Selection and Qualifications
8 Section 201. Election.
9 Section 202. Qualifications for office.
10 Section 203. Physical and mental examination.
11 Section 204. Disqualification and removal from office.
12 Section 205. Vacancies.
13 Chapter 3. Powers and Duties
14 Section 301. Service of process.
15 Section 302. Police powers in certain municipalities.
16 Section 303. Transportation of prisoners and mental
17 patients.
1 Section 304. Protection of district justice.
2 Section 305. Election day powers.
3 Section 306. Acceptance of security and bail.
4 Section 307. Unlawful acts relative to constables.
5 Section 308. Recovery of certain vehicle registrations and
6 licenses.
7 Chapter 4. Service of Process
8 Section 401. General power to serve process.
9 Section 402. Supreme Court to promulgate rules.
10 Section 403. Service of civil and administrative process.
11 Section 404. Service of criminal process.
12 Chapter 5. Compatible and Incompatible Offices and Activities
13 Section 501. Compatible activities.
14 Section 502. Incompatible offices and activities.
15 Chapter 6. Deputy Constables
16 Section 601. Appointment.
17 Section 602. Qualifications.
18 Section 603. Powers and duties.
19 Section 604. Special deputy constables for election.
20 Chapter 7. Administrative Provisions
21 Section 701. Office of Constable Administrator.
22 Section 702. Local administration.
23 Section 703. Priority of constable business.
24 Section 704. Policies and procedures relating to fees.
25 Section 705. Records.
26 Section 706. Registration and identification cards.
27 Section 707. Uniforms.
28 Chapter 8. Education
29 Section 801. Constables Education Board.
30 Section 802. Course of instruction.
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1 Section 803. Rules and regulations.
2 Section 804. Completion of course.
3 Chapter 9. Financial Provisions
4 Section 901. Compensation of constables.
5 Section 902. Compensation of deputies.
6 Section 903. Form of payment.
7 Section 904. Fees for specific services.
8 Section 905. Additional hourly compensation.
9 Section 906. Payment for travel.
10 Section 907. Multiple service of process.
11 Section 908. Services performed by more than one constable.
12 Section 909. Service of process by mail.
13 Chapter 10. Miscellaneous Provisions
14 Section 1001. Repeals.
15 Section 1002. Effective date and transitional provisions.
16 AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE), ADDING <--
17 PROVISIONS RELATING TO CONSTABLES AND WARRANT OFFICERS AND
18 MAKING CERTAIN REPEALS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 CHAPTER 1 <--
22 PRELIMINARY PROVISIONS
23 Section 101. Short title.
24 This act shall be known and may be cited as the "Constables
25 Act."
26 Section 102. Application.
27 This act shall apply throughout the Commonwealth except in
28 the first judicial district.
29 Section 103. Definitions.
30 The following words and phrases when used in this act shall
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1 have, unless the context clearly indicates otherwise, the
2 meanings given to them in this section:
3 "Constable." A constable elected or appointed pursuant to
4 this act.
5 "Magisterial district." A magisterial district established
6 pursuant to 42 Pa.C.S. §1501 et seq.
7 CHAPTER 2
8 SELECTION AND QUALIFICATIONS
9 Section 201. Election.
10 There shall be one constable elected for a term of six years
11 for each magisterial district,
12 Section 202. Qualifications for office.
13 Each candidate for the office of constable shall be at least
14 18 years of age, shall be a resident of the magisterial
15 district, and shall have met the educational qualifications set
16 forth in Chapter 8.
17 Section 203. Physical and mental examination.
18 Every constable elected pursuant to this act shall be
19 required to pass a physical and mental examination prior to
20 receiving his commission. The standards for such examination
21 shall be set by the Constable Administrator.
22 Section 204. Disqualification and removal from office.
23 (a) Any person convicted of a felony shall be disqualified
24 from seeking or holding the office of constable.
25 (b) Any constable convicted of a felony while in office
26 shall be suspended from his duties upon initial conviction.
27 After any and all appeals are finally exhausted, the suspension
28 shall result in immediate removal from office if the conviction
29 stands and the resulting vacancy shall be filled pursuant to
30 section 205. If the constable is acquitted, the suspension shall
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1 be lifted.
2 Section 205. Vacancies.
3 If the office of constable becomes vacant for any reason, the
4 president judge of the judicial district in which the vacancy
5 exists shall appoint a qualified person to fill the vacancy
6 giving first consideration to deputies in the district. The
7 person so appointed shall hold office until the first Monday in
8 January after the municipal election occurring more than 60 days
9 after the vacancy first occurs, at which election an eligible
10 person shall be elected for the unexpired term.
11 CHAPTER 3
12 POWERS AND DUTIES
13 Section 301. Service of process.
14 Constables shall have the power and duty to serve and execute
15 civil, criminal and administrative process pursuant to the
16 provisions of Chapter 4.
17 Section 302. Police powers in certain municipalities.
18 (a) Any municipality that has no organized municipal police
19 force may formally appoint as a police officer the appropriate
20 constable or constables as otherwise provided by law. When a
21 constable is acting pursuant to such appointment, he shall have
22 all the powers and be subject to the same restraints as a
23 policeman would have in the municipality if it had an organized
24 police force.
25 (b) No constable shall perform police duties pursuant to
26 this section unless such constable has been certified pursuant
27 to the act of June 18, 1974 (P.L.359, No.140), referred to as
28 the Municipal Police Education and Training Law.
29 Section 303. Transportation of prisoners and mental patients.
30 Constables shall have the authority when directed by a
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1 district justice or a court to transport prisoners and mental
2 patients.
3 Section 304. Protection of district justice.
4 Upon the request of and the showing of just cause by the
5 district justice in whose magisterial district the constable
6 serves and subject to the approval of the president judge of the
7 judicial district, a constable shall provide personal protection
8 to the district justice while the district justice is performing
9 his duties.
10 Section 305. Election day powers.
11 Constables shall have the powers and duties imposed upon them
12 by the election laws of this Commonwealth.
13 Section 306. Acceptance of security and bail.
14 A constable is authorized to accept security or bail for a
15 defendant's appearance before a district justice in summary
16 cases.
17 Section 307. Unlawful acts relative to constables.
18 Any person who knowingly, willfully and forcibly obstructs,
19 resists or opposes any constable in serving or attempting to
20 serve or execute any legal process or order; or in making a
21 lawful arrest with or without a warrant; or assaults any duly
22 authorized constable, in serving or executing any such legal
23 process or order or because of having served or executed the
24 same; or rescues another in legal custody; or whoever being
25 required by any constable, neglects or refuses to assist him in
26 the execution of his office in any criminal case; or in the
27 preservation of the peace, or in apprehending and securing any
28 person for a breach of the peace, shall be guilty of a
29 misdemeanor of the third degree and shall be subject to arrest
30 on view by a constable or other authorized peace officer.
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1 Section 308. Recovery of certain vehicle registrations and
2 licenses.
3 A constable shall have the power and duty to recover expired,
4 suspended, or revoked vehicle registrations and licenses for the
5 Department of Transportation. The department shall notify in
6 writing the appropriate constable to recover all suspended or
7 revoked vehicle registrations and licenses.
8 CHAPTER 4
9 SERVICE OF PROCESS
10 Section 401. General power to serve process.
11 A constable is authorized to serve and execute any lawful
12 process issued by a district justice or any other lawful civil,
13 criminal or administrative process.
14 Section 402. Supreme Court to promulgate rules.
15 The Supreme Court shall promulgate general rules relating to
16 the service of process issued by the court of common pleas and
17 district justices and the service of process by mail.
18 Section 403. Service of civil and administrative process.
19 A constable is authorized to serve civil and administrative
20 process within the judicial district in which he is elected or
21 appointed regardless of whether or not the process emanates from
22 his own judicial district.
23 Section 404. Service of criminal process.
24 A constable is authorized to serve criminal process anywhere
25 in this Commonwealth when the process is issued from his
26 judicial district. A constable is authorized to serve any
27 criminal process within his judicial district no matter where
28 such process was originally issued.
29 CHAPTER 5
30 COMPATIBLE AND INCOMPATIBLE OFFICES AND ACTIVITIES
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1 Section 501. Compatible activities.
2 Nothing in this or any other act shall be construed to
3 prohibit a constable as a private citizen from engaging in the
4 following activities if he so elects:
5 (1) School security duties.
6 (2) Municipal security duties.
7 (3) Traffic duty at special events.
8 Section 502. Incompatible offices and activities.
9 The following offices and activities are incompatible with
10 the office of constable:
11 (1) District attorney.
12 (2) Assistant district attorney.
13 (3) Sheriff.
14 (4) Deputy sheriff.
15 (5) County treasurer.
16 (6) Judge of election.
17 (7) Inspector of election.
18 (8) Private detective.
19 (9) Police officer except as provided in chapter 3.
20 (10) Any other position in the unified judicial system.
21 (11) Private collection agent.
22 (12) Bail bondsman.
23 CHAPTER 6
24 DEPUTY CONSTABLES
25 Section 601. Appointment.
26 The constable may request authorization from the president
27 judge to appoint up to four deputies. Upon written approval of
28 such request by the president judge, the constable may appoint
29 such deputies. The president judge need not approve the
30 individuals appointed as deputies.
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1 Section 602. Qualifications.
2 A deputy constable shall be subject to the same standards
3 required of an elected constable and shall present evidence of
4 having met those requirements prior to receiving his commission.
5 A deputy so appointed shall be the agent of the constable and
6 shall be regulated and supervised by the constable and removable
7 by him for just cause.
8 Section 603. Powers and duties.
9 A deputy constable shall have the same powers and duties as a
10 constable except that the deputy may not appoint another deputy
11 nor may he exercise the powers authorized in section 302.
12 Section 604. Special deputy constables for election.
13 Notwithstanding the limitations imposed by this chapter on
14 the appointment of deputies, a constable may appoint without
15 court approval one special deputy constable per precinct to
16 perform appropriate duties at the polls on election day. Such
17 special deputies powers shall only extend to those powers
18 granted constables generally regarding elections and their
19 appointment shall expire at the close of the polls.
20 CHAPTER 7
21 ADMINISTRATIVE PROVISIONS
22 Section 701. Office of Constable Administrator.
23 There is hereby established within the Administrative Office
24 of the Pennsylvania Courts the Office of Constable
25 Administrator. The Supreme Court shall appoint a constable
26 administrator.
27 Section 702. Local administration.
28 (a) The president judge of each judicial district may
29 appoint or direct a suitable person to serve as local
30 administrator of the constable system within the judicial
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1 district.
2 (b) In addition, the president judge of each judicial
3 district may establish a central office for constables to
4 provide for the efficient and equitable distribution of work.
5 Section 703. Priority of constable business.
6 A constable should devote the time necessary for prompt and
7 proper disposition of the business of his office, which should
8 be given priority over any other occupation, business,
9 profession, pursuit or activity.
10 Section 704. Policies and procedures relating to fees.
11 The constable administrator shall establish policies and
12 procedures for the collection and payment of constable's fees.
13 Such procedures shall include but not be limited to providing
14 adequate auditing and accounting procedures as to fines, costs
15 and fees paid to and collected by district justices, constables
16 and deputy constables. Fees shall be as provided in Chapter 9.
17 Section 705. Records.
18 Each constable shall maintain accurate records regarding all
19 the functions performed by him and his deputies. Such records
20 shall be open for inspection by the constable administrator and
21 the president judge and local administrator of the judicial
22 district and as otherwise provided by law. The constable
23 administrator shall issue rules prescribing the type and manner
24 of records to be kept.
25 Section 706. Registration and identification cards.
26 Each constable and deputy constable should be registered and
27 issued an identification card by the constable administrator.
28 Section 707. Uniforms.
29 Each constable may wear a uniform when engaged in the duties
30 of his office; however, no constable shall wear his uniform when
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1 acting in a private capacity. The constable administrator shall
2 prescribe the specifications for the standardized constable
3 uniform.
4 CHAPTER 8
5 EDUCATION
6 Section 801. Constables Education Board.
7 The Constables Education Board is hereby established which
8 shall consist of seven members appointed by the Governor with
9 the advice and consent of a majority of the members elected to
10 the Senate. Three members shall be members of the bar of the
11 Pennsylvania Supreme Court, three members shall be constables,
12 and one member shall be a lay citizen representing the public at
13 large. Three members shall be appointed for terms of five years,
14 three members shall be appointed for terms of four years, and
15 one member shall be appointed for a term of three years, and
16 until their successors have been appointed and qualified.
17 Thereafter each appointment shall be for a term of five years
18 and until a successor has been appointed and qualified. Four
19 members of the board shall constitute a quorum. No action of the
20 board shall be valid unless it shall have the concurrence of at
21 least four members. Each member shall be paid $50 for each day
22 or part thereof upon which he attends a board meeting, or
23 performs any duty assigned to him by the chairman; and, he shall
24 be reimbursed for reasonable traveling or other expenses
25 incurred incident to such attendance and to such assigned duty.
26 The board shall organize by electing a chairman. The board shall
27 prescribe and approve the subject matter and the examination for
28 the course of instruction and training required by this act. The
29 Department of Education shall serve as the administrative
30 officers of the board and in such capacity shall, subject to the
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1 direction of the board, administer the course of instruction and
2 training and conduct the examination.
3 Section 802. Course of instruction.
4 Constables shall complete a course of training and
5 instruction in the duties of their office as jointly prescribed
6 by the board and the Department of Education and shall
7 successfully pass an examination prior to assuming office if
8 elected or within nine months after being elected or upon taking
9 office pursuant to an appointment to fill a vacancy. The
10 department shall make the course of instruction available at
11 such times as determined by it and the board, so as to insure
12 that any constable, to be elected or appointed may qualify to
13 assume office as soon as possible. By regulation the board shall
14 direct the department to conduct the course at such time, at
15 such places and in such manner as it shall prescribe. In
16 addition to those required by this act to complete the course of
17 training and instruction and successfully pass an examination,
18 any interested person may apply to the department to be enrolled
19 in the course of instruction and take the examination, subject
20 to such rules and regulations as the department with the
21 approval of the board may determine. Any such interested person
22 who successfully completes the course and passes the examination
23 shall secure an appropriate certificate from the department.
24 Section 803. Rules and regulations.
25 The department shall, with the approval of the board, have
26 the power to promulgate such rules and regulations as are
27 necessary to carry out its duties under this act.
28 Section 804. Completion of course.
29 Upon the successful completion of the course of training and
30 instruction and examination, the department shall issue a
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1 certificate in the form prescribed by the board, certifying that
2 such person is qualified to perform his duties as required by
3 this act. Such certificate shall be filed in the office of the
4 prothonotary of the county in which the constable resides. In
5 the event that an elected or appointed constable fails to obtain
6 and file such certificate in the proper prothonotary's office
7 within nine months after his election or appointment, said
8 office of constable shall be vacant, such vacancy to be filled
9 as provided in Chapter 2.
10 CHAPTER 9
11 FINANCIAL PROVISIONS
12 Section 901. Compensation of constables.
13 Constables shall be compensated for their services by the
14 payment of fees authorized pursuant to this chapter.
15 Section 902. Compensation of deputies.
16 Deputy constables shall be compensated for their services
17 pursuant to agreements made with the constable. The constable
18 shall be entitled to receive all fees payable as a result of his
19 deputies' services and such constable shall be responsible for
20 the payment of compensation to his deputy pursuant to their
21 agreement. The constable shall compensate the deputy not less
22 than 75% of the fee collected for the services performed.
23 Compensation payable to the deputy shall be paid to him on or
24 before the 15th of the month following the service performed.
25 Section 903. Form of payment.
26 Constables are authorized to accept cash, check or money
27 order in payment for their services. A receipt shall be provided
28 for any payment received.
29 Section 904. Fees for specific services.
30 (a) The fees to be charged and received by constables shall
19780H2538B3573 - 13 -
1 be as follows:
2 (1) The sum of $6 for summary defendants, $8 for
3 misdemeanor defendants, and $10 for felony defendants for:
4 (i) each warrant or writ executed on behalf of the
5 Commonwealth or a political subdivision thereof;
6 (ii) arresting persons guilty of and bringing such
7 persons with or without a warrant before the judiciary
8 for breach of peace, riotous or disorderly conduct,
9 drunkenness, or who may be engaged in the commission of
10 any unlawful act tending to imperil the personal security
11 or endanger the property of the citizens, or violating
12 any ordinance of any municipality for which a fine or
13 penalty may be imposed, or offending or suspected of
14 offending against the laws of this Commonwealth, or
15 violating timberlands, or the violation of any other law
16 of this Commonwealth;
17 (iii) taking the defendant before the district
18 justice for purposes of making bail;
19 (iv) taking defendant before issuing authority where
20 defendant does not owe money, or no fine or costs are
21 stated on warrant or for arraignment;
22 (v) conveying defendants to jail on mittimus or
23 warrants or order of judiciary or because judiciary is
24 not available; or
25 (vi) taking defendant before the district justice
26 from prison or lock-up.
27 (2) The sum of $6 for the performance of the following
28 services:
29 (i) for serving citation on defendant;
30 (ii) for voluntary appearance at a hearing on a
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1 summary citation or a misdemeanor case;
2 (iii) for executing a search warrant and making
3 return;
4 (iv) for executing discharge to jailer;
5 (v) for serving notice of possession or turning over
6 property to landlord without forcible ejectment on order
7 of possession;
8 (vi) for accepting security or bail in a summary
9 case; or
10 (vii) for recovery of an expired, suspended or
11 revoked vehicle registration or license.
12 (3) The amount stated for the following services:
13 (i) For transporting a prisoner from another
14 judicial district to the issuing authority within the
15 constable's judicial district for hearing or arraignment,
16 the sum of $20 per constable if within 50 miles or $50
17 per constable if over 50 miles.
18 (ii) For appearance in court when subpoenaed or
19 summoned, the sum of $7.50 per hour or fraction thereof,
20 with a minimum of one hour.
21 (iii) For the assistance of a deputy on any service,
22 the sum of $2 for misdemeanor or summary defendants and
23 $10 for felony defendants.
24 (iv) For serving subpoena, in all cases, or
25 judiciary notice to hearing in any civil case, the sum of
26 $6 for the first witness or defendant, plus $2 for each
27 additional witness or defendant at the same address.
28 (v) For levying goods, including schedule of
29 property levied upon and set aside each address, the sum
30 of $20.
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1 (vi) For posting notice of levy each address levied,
2 $5 per notice, no more than three notices.
3 (vii) For posting sale notice, each notice $5, no
4 more than two notices.
5 (viii) For advertising sale of personal property of
6 defendant by posting of handbills, the sum of $5.
7 (ix) For clerk at sale, the sum of $15.
8 (x) For holding sale, 3% on all proceeds.
9 (xi) For forcible ejectment on order of possession,
10 the sum of $30.
11 (xii) For making return of net found on any process
12 which shall be certified by the constable or deputy
13 constable, the sum of $2.
14 (xiii) For transporting mental patients within the
15 judicial district the sum of $10, or if outside the
16 judicial district, the sum of $20.
17 Section 905. Additional hourly compensation.
18 In addition to the fees authorized in section 904 for
19 specific services, the constable administrator may promulgate
20 rules authorizing payment to constables at an hourly rate not to
21 exceed $7.50 per hour for designated services and functions not
22 otherwise covered.
23 Section 906. Payment for travel.
24 (a) Constables shall be compensated for actual mileage
25 travelled at the rate of 17¢ per mile. Actual mileage travelled
26 shall be computed using the district justice's office as the
27 starting point and computing the distance from the district
28 justice's office to the first stop made by the constable and by
29 adding the distance from the first stop to the second stop and
30 so forth to all subsequent stops. The ending point shall be the
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1 district justice's office.
2 (b) Constables shall be compensated for other travel
3 expenses not to exceed accountable expenses if travel is by
4 means other than motor vehicle.
5 Section 907. Multiple service of process.
6 In criminal and civil cases when multiple processes are
7 served, a constable shall be paid for each process served even
8 though service may be performed at one time. The constable shall
9 be paid only one mileage or expense fee, except in those
10 instances when multiple trips are required and approved.
11 Section 908. Services performed by more than one constable.
12 When a service is performed by more than one constable or
13 deputy under authorization of the president judge or the local
14 administrator, compensation shall be payable as provided in
15 section 904.
16 Section 909. Service of process by mail.
17 When service of process is authorized by mail, the costs of
18 postage shall be imposed upon the party instituting the
19 proceedings. Such costs shall be recoverable by the prevailing
20 party.
21 CHAPTER 10
22 MISCELLANEOUS PROVISIONS
23 Section 1001. Repeals.
24 (a) The act of July 20, 1917 (P.L.1158, No.401), referred to
25 as the Constable Fee Law, is repealed absolutely.
26 (b) All other acts or parts of acts inconsistent with this
27 act are repealed to the extent of any inconsistency.
28 Section 1002. Effective date and transitional provisions.
29 This act shall take effect January 1, 1979. However, any
30 constables in office on such effective date shall remain in
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1 office until the next election. Any constable elected following
2 the effective date of the act who has served previously as a
3 constable for a period of at least four years shall be exempt
4 from the requirements of Chapter 8.
5 SECTION 1. THE DEFINITION OF "OFFICER ENFORCING ORDERS" IN <--
6 SECTION 102 OF TITLE 42, ACT OF NOVEMBER 25, 1970 (P.L.707,
7 NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED STATUTES,
8 AMENDED APRIL 28, 1978 (NO.53), IS AMENDED AND DEFINITIONS ARE
9 ADDED 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).
19 * * *
20 "OFFICER ENFORCING ORDERS." INCLUDES:
21 (1) A RECORDER OF DEEDS WHEN THE ORDER AFFECTS THE
22 OWNERSHIP OF AN INTEREST IN PROPERTY DESCRIBED OR DESCRIBABLE
23 BY A DOCUMENT WHICH HAS BEEN OR MAY BE FILED OR RECORDED IN
24 HIS OFFICE, OR RELATES TO THE INDEXING OF DOCUMENTS FILED OR
25 RECORDED IN HIS OFFICE.
26 (2) A REGISTER OF WILLS.
27 (3) A SHERIFF.
28 (4) A CONSTABLE.
29 (5) A WARRANT OFFICER.
30 * * *
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1 "WARRANT OFFICER." A WARRANT OFFICER OF THE PHILADELPHIA
2 TRAFFIC COURT APPOINTED PURSUANT TO SUBCHAPTER D OF CHAPTER 29
3 (RELATING TO WARRANT OFFICERS).
4 * * *
5 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
6 § 1904. CONSTABLE ADMINISTRATOR OF PENNSYLVANIA.
7 THE SUPREME COURT SHALL APPOINT AND MAY REMOVE A CONSTABLE
8 ADMINISTRATOR OF PENNSYLVANIA WITHIN THE ADMINISTRATIVE OFFICE
9 OF PENNSYLVANIA COURTS.
10 SECTION 3. CHAPTER 21 OF TITLE 42 IS AMENDED BY ADDING A
11 SUBCHAPTER TO READ:
12 CHAPTER 21
13 JUDICIAL BOARDS AND COMMISSIONS
14 * * *
15 SUBCHAPTER F
16 CONSTABLES EDUCATION BOARD
17 SEC.
18 2151. CONSTABLES EDUCATION BOARD.
19 2152. COMPOSITION OF BOARD.
20 2153. ORGANIZATION.
21 2154. STAFF.
22 2155. POWERS AND DUTIES.
23 § 2151. CONSTABLES EDUCATION BOARD.
24 (A) GENERAL RULE.--THE CONSTABLES EDUCATION BOARD SHALL
25 CONSIST OF SEVEN MEMBERS SELECTED AS PROVIDED IN THIS
26 SUBCHAPTER.
27 (B) SEAL.--THE CONSTABLES EDUCATION BOARD SHALL HAVE A SEAL
28 ENGRAVED WITH ITS NAME AND SUCH OTHER INSCRIPTION AS MAY BE
29 SPECIFIED BY GENERAL RULE. A FACSIMILE OR PREPRINTED SEAL MAY BE
30 USED FOR ALL PURPOSES IN LIEU OF THE ORIGINAL SEAL.
19780H2538B3573 - 19 -
1 § 2152. COMPOSITION OF BOARD.
2 (A) GENERAL RULE.--THE CONSTABLES EDUCATION BOARD SHALL
3 CONSIST OF THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR WITH
4 THE CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE:
5 (1) THREE PERSONS WHO SHALL BE CONSTABLES.
6 (2) ONE PERSON WHO SHALL BE A DISTRICT JUSTICE.
7 (3) THREE OTHER PERSONS.
8 (B) TERMS OF OFFICE.--THE MEMBERS OF THE BOARD SHALL SERVE
9 FOR TERMS OF FIVE YEARS AND UNTIL A SUCCESSOR HAS BEEN APPOINTED
10 AND QUALIFIED. A VACANCY ON THE BOARD SHALL BE FILLED FOR THE
11 BALANCE OF THE TERM.
12 (C) COMPENSATION.--MEMBERS OF THE BOARD SHALL BE PAID $50
13 FOR EACH DAY OR PART THEREOF UPON WHICH SUCH MEMBER ATTENDS A
14 BOARD MEETING OR PERFORMS ANY DUTY ASSIGNED BY THE CHAIRMAN.
15 MEMBERS SHALL BE REIMBURSED FOR REASONABLE TRAVELING AND OTHER
16 EXPENSES INCURRED INCIDENT TO SUCH ATTENDANCE AND ASSIGNED DUTY.
17 § 2153. ORGANIZATION.
18 ANNUALLY THE CONSTABLES EDUCATION BOARD SHALL ELECT A
19 CHAIRMAN AND OTHER OFFICERS OF THE BOARD, WHO SHALL HOLD OFFICE
20 AT THE PLEASURE OF THE BOARD. THE BOARD SHALL ACT ONLY WITH THE
21 CONCURRENCE OF A MAJORITY OF ITS MEMBERS.
22 § 2154. STAFF.
23 THE ADMINISTRATIVE OFFICE SHALL SERVE AS THE ADMINISTRATIVE
24 OFFICER OF THE BOARD AND AS SUCH SHALL PROVIDE SUCH STAFF
25 ASSISTANCE AS THE CONSTABLES EDUCATION BOARD MAY REQUIRE.
26 § 2155. POWERS AND DUTIES.
27 THE CONSTABLES EDUCATION BOARD SHALL EXERCISE THE POWERS AND
28 PERFORM THE DUTIES VESTED IN AND IMPOSED UPON THE BOARD BY
29 SUBCHAPTER C OF CHAPTER 29 (RELATING TO CONSTABLES) AND ANY
30 OTHER POWERS AND DUTIES VESTED IN AND IMPOSED UPON THE BOARD BY
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1 LAW.
2 SECTION 4. SUBCHAPTER C OF CHAPTER 29 OF TITLE 42 IS AMENDED
3 BY ADDING SECTIONS TO READ:
4 CHAPTER 29
5 OFFICERS SERVING PROCESS AND ENFORCING ORDERS
6 * * *
7 SUBCHAPTER C
8 CONSTABLES
9 SEC.
10 2941. ELECTION.
11 2942. QUALIFICATIONS FOR OFFICE.
12 2943. VACANCIES.
13 2944. COMPATIBLE AND INCOMPATIBLE OFFICES AND ACTIVITIES.
14 2945. EDUCATION AND TRAINING.
15 2946. DEPUTY CONSTABLES.
16 ADMINISTRATIVE AND FINANCIAL MATTERS
17 2951. LOCAL ADMINISTRATOR.
18 2952. PRIORITY OF CONSTABLE BUSINESS.
19 2953. POLICIES AND PROCEDURES RELATING TO FEES.
20 2954. RECORDS.
21 2955. REGISTRATION AND IDENTIFICATION CARDS.
22 2956. UNIFORMS.
23 2957. COMPENSATION AND EXPENSES GENERALLY.
24 2958. SPECIFIC FEES.
25 2959. DISTRIBUTION OF PROCESS OUTSIDE THE JUDICIAL DISTRICT.
26 POWERS AND DUTIES
27 2965. SERVICE OF PROCESS.
28 2966. POLICE POWERS IN CERTAIN MUNICIPALITIES.
29 2967. TRANSPORTATION OF PRISONERS AND MENTAL PATIENTS.
30 2968. PROTECTION OF DISTRICT JUSTICE.
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1 2969. ELECTION DAY POWERS.
2 2970. ACCEPTANCE OF SECURITY.
3 2971. UNLAWFUL ACTS RELATIVE TO CONSTABLES.
4 2972. RECOVERY OF CERTAIN VEHICLE REGISTRATIONS AND LICENSES.
5 2973. POWER TO CARRY AND USE A FIREARM.
6 CONSTABLES
7 § 2941. ELECTION.
8 THERE SHALL BE ONE CONSTABLE ELECTED FOR A TERM OF SIX YEARS
9 FOR EACH MAGISTERIAL DISTRICT. THE PROVISIONS OF THIS TITLE
10 RELATING TO CONSTABLES SHALL APPLY THROUGHOUT THE COMMONWEALTH
11 EXCEPT IN THE FIRST JUDICIAL DISTRICT.
12 § 2942. QUALIFICATIONS FOR OFFICE.
13 (A) GENERAL REQUIREMENTS.--EACH CANDIDATE FOR THE OFFICE OF
14 CONSTABLE SHALL BE AT LEAST 18 YEARS OF AGE, SHALL BE A RESIDENT
15 OF THE MAGISTERIAL DISTRICT FOR WHICH HE IS ELECTED, AND SHALL
16 HAVE MET THE EDUCATIONAL QUALIFICATIONS SET FORTH IN SECTION
17 2945 (RELATING TO EDUCATION AND TRAINING).
18 (B) PHYSICAL AND MENTAL EXAMINATION.--EVERY CONSTABLE SHALL
19 PASS A PHYSICAL AND MENTAL EXAMINATION PRIOR TO RECEIVING HIS
20 COMMISSION. THE STANDARDS FOR SUCH EXAMINATION SHALL BE SET BY
21 THE CONSTABLE EDUCATION BOARD.
22 § 2943. VACANCIES.
23 (A) DISQUALIFICATION AND REMOVAL FROM OFFICE.--
24 (1) ANY PERSON CONVICTED OF A FELONY OR MISDEMEANOR
25 SHALL BE DISQUALIFIED FROM SEEKING OR HOLDING THE OFFICE OF
26 CONSTABLE.
27 (2) ANY CONSTABLE CONVICTED OF A FELONY OR MISDEMEANOR
28 WHILE IN OFFICE SHALL BE SUSPENDED FROM HIS DUTIES UPON
29 INITIAL CONVICTION. AFTER ANY AND ALL APPEALS ARE FINALLY
30 EXHAUSTED, THE SUSPENSION SHALL RESULT IN IMMEDIATE REMOVAL
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1 FROM OFFICE IF THE CONVICTION STANDS AND THE RESULTING
2 VACANCY SHALL BE FILLED PURSUANT TO SUBSECTION (B). IF THE
3 CONSTABLE IS ACQUITTED, THE SUSPENSION SHALL BE LIFTED.
4 (3) ANY CONSTABLE MAY BE REMOVED FROM OFFICE BY THE
5 PRESIDENT JUDGE AFTER A HEARING IF FOUND TO BE INCOMPETENT OR
6 NEGLIGENT IN PERFORMANCE OF HIS DUTIES OR FOR REFUSAL TO
7 SERVE PROCESS WITHIN A REASONABLE TIME FOR THE DISTRICT
8 JUSTICE IN HIS DISTRICT.
9 (B) FILLING OF VACANCIES.--IF THE OFFICE OF CONSTABLE
10 BECOMES VACANT FOR ANY REASON, THE DISTRICT MAGISTRATE OF THE
11 MAGISTERIAL DISTRICT IN WHICH THE VACANCY EXISTS SHALL APPOINT,
12 WITH THE APPROVAL OF THE PRESIDENT JUDGE OF THE JUDICIAL
13 DISTRICT, A QUALIFIED PERSON TO FILL THE VACANCY GIVING FIRST
14 CONSIDERATION TO DEPUTIES IN THE DISTRICT. THE PERSON SO
15 APPOINTED SHALL HOLD OFFICE UNTIL THE FIRST MONDAY IN JANUARY
16 AFTER THE MUNICIPAL ELECTION OCCURRING MORE THAN 60 DAYS AFTER
17 THE VACANCY FIRST OCCURS, AT WHICH ELECTION AN ELIGIBLE PERSON
18 SHALL BE ELECTED FOR THE UNEXPIRED TERM.
19 § 2944. COMPATIBLE AND INCOMPATIBLE OFFICES AND ACTIVITIES.
20 (A) COMPATIBLE ACTIVITIES.--NOTHING IN THIS TITLE OR ANY
21 OTHER ACT SHALL BE CONSTRUED TO PROHIBIT A CONSTABLE AS A
22 PRIVATE CITIZEN FROM ENGAGING IN THE FOLLOWING ACTIVITIES IF HE
23 SO ELECTS:
24 (1) SCHOOL SECURITY DUTIES.
25 (2) MUNICIPAL SECURITY DUTIES.
26 (3) TRAFFIC DUTY AT SPECIAL EVENTS.
27 (B) INCOMPATIBLE OFFICES AND ACTIVITIES.--THE FOLLOWING
28 OFFICES AND ACTIVITIES ARE INCOMPATIBLE WITH THE OFFICE OF
29 CONSTABLE:
30 (1) DISTRICT ATTORNEY.
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1 (2) ASSISTANT DISTRICT ATTORNEY.
2 (3) SHERIFF.
3 (4) DEPUTY SHERIFF.
4 (5) COUNTY TREASURER.
5 (6) ANY ELECTION OFFICER.
6 (7) ANY OFFICER OF A POLITICAL PARTY.
7 (8) PRIVATE DETECTIVE.
8 (9) POLICE OFFICER EXCEPT AS PROVIDED IN SECTION 2982
9 (RELATING TO POLICE POWERS IN CERTAIN MUNICIPALITIES).
10 (10) ANY OTHER POSITION IN THE UNIFIED JUDICIAL SYSTEM.
11 (11) PRIVATE COLLECTION AGENT.
12 (12) BAIL BONDSMAN.
13 § 2945. EDUCATION AND TRAINING.
14 (A) COURSE OF INSTRUCTION.--CONSTABLES SHALL COMPLETE A
15 COURSE OF TRAINING AND INSTRUCTION IN THE DUTIES OF THEIR OFFICE
16 AS JOINTLY PRESCRIBED BY THE CONSTABLES EDUCATION BOARD AND THE
17 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS AND SHALL
18 SUCCESSFULLY PASS AN EXAMINATION PRIOR TO ASSUMING THE DUTIES OF
19 OFFICE IF ELECTED OR WITHIN NINE MONTHS AFTER BEING ELECTED OR
20 UPON TAKING OFFICE PURSUANT TO AN APPOINTMENT TO FILL A VACANCY.
21 THE ADMINISTRATIVE OFFICE SHALL MAKE THE COURSE OF INSTRUCTION
22 AVAILABLE AT SUCH TIMES AS DETERMINED BY IT AND THE BOARD, SO AS
23 TO INSURE THAT ANY CONSTABLE, TO BE ELECTED OR APPOINTED MAY
24 QUALIFY TO ASSUME OFFICE AS SOON AS POSSIBLE. BY REGULATION THE
25 BOARD SHALL DIRECT THE ADMINISTRATIVE OFFICE TO CONDUCT THE
26 COURSE AT SUCH TIME, AT SUCH PLACES AND IN SUCH MANNER AS IT
27 SHALL PRESCRIBE. IN ADDITION TO THOSE REQUIRED BY THIS SECTION
28 TO COMPLETE THE COURSE OF TRAINING AND INSTRUCTION AND
29 SUCCESSFULLY PASS AN EXAMINATION, ANY INTERESTED PERSON MAY
30 APPLY TO THE ADMINISTRATIVE OFFICE TO BE ENROLLED IN THE COURSE
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1 OF INSTRUCTION AND TAKE THE EXAMINATION, SUBJECT TO SUCH RULES
2 AND REGULATIONS AS THE OFFICE WITH THE APPROVAL OF THE BOARD MAY
3 DETERMINE. ANY SUCH INTERESTED PERSON WHO SUCCESSFULLY COMPLETES
4 THE COURSE AND PASSES THE EXAMINATION SHALL SECURE AN
5 APPROPRIATE CERTIFICATE FROM THE ADMINISTRATIVE OFFICE.
6 (B) RULES AND REGULATIONS.--THE ADMINISTRATIVE OFFICE OF
7 PENNSYLVANIA COURTS SHALL, WITH THE APPROVAL OF THE BOARD, HAVE
8 THE POWER TO PROMULGATE SUCH RULES AND REGULATIONS AS ARE
9 NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS ACT.
10 (C) COMPLETION OF COURSE.--UPON THE SUCCESSFUL COMPLETION OF
11 THE COURSE OF TRAINING AND INSTRUCTION AND EXAMINATION, THE
12 ADMINISTRATIVE OFFICE SHALL ISSUE A CERTIFICATE IN THE FORM
13 PRESCRIBED BY THE BOARD, CERTIFYING THAT SUCH PERSON IS
14 QUALIFIED TO PERFORM HIS DUTIES AS REQUIRED BY THIS TITLE. SUCH
15 CERTIFICATE SHALL BE FILED IN THE OFFICE OF THE PROTHONOTARY OF
16 THE COUNTY IN WHICH THE CONSTABLE RESIDES. IN THE EVENT THAT AN
17 ELECTED OR APPOINTED CONSTABLE FAILS TO OBTAIN AND FILE SUCH
18 CERTIFICATE IN THE PROPER PROTHONOTARY'S OFFICE WITHIN NINE
19 MONTHS AFTER HIS ELECTION OR APPOINTMENT, SAID OFFICE OF
20 CONSTABLE SHALL BE VACANT, SUCH VACANCY TO BE FILLED AS PROVIDED
21 IN SECTION 2943 (RELATING TO VACANCIES).
22 (D) FIREARMS TRAINING.--
23 (1) CONSTABLES SHALL COMPLETE A COURSE OF TRAINING AND
24 INSTRUCTION IN THE USE OF FIREARMS AS JOINTLY PRESCRIBED BY
25 THE BOARD AND THE ADMINISTRATIVE OFFICE AND SHALL
26 SUCCESSFULLY PASS AN EXAMINATION WITHIN ONE YEAR AFTER THE
27 ELECTION OR APPOINTMENT IN ORDER TO CARRY OR USE A FIREARM IN
28 THE PERFORMANCE OF THEIR DUTIES. THE CONSTABLE MAY CARRY AND
29 USE A FIREARM DURING THE ONE YEAR PERIOD WHILE INVOLVED IN
30 THE COURSE OF INSTRUCTION UPON RECEIPT OF WRITTEN APPROVAL OF
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1 THE PRESIDENT JUDGE OF THE JUDICIAL DISTRICT.
2 (2) THE COURSE OF INSTRUCTION SHALL INCLUDE AT LEAST 35
3 HOURS OF TRAINING PROVIDED BY THE STATE POLICE CONSISTENT
4 WITH THE TRAINING PROGRAM PROVIDED UNDER THE ACT OF OCTOBER
5 10, 1974 (P.L.705, NO.235), KNOWN AS THE "LETHAL WEAPONS
6 TRAINING ACT."
7 (3) THE ADMINISTRATIVE OFFICE MAY WAIVE THESE
8 REQUIREMENTS OR ANY PORTION THEREOF UPON THE DEMONSTRATION BY
9 THE CONSTABLE THAT HE HAS TAKEN AND SUCCESSFULLY COMPLETED A
10 COMPARABLE TRAINING PROGRAM.
11 (E) COSTS.--THE COST OF FIREARM TRAINING AND INSTRUCTION
12 SHALL BE PAID BY THE CONSTABLE WHO SHALL BE REIMBURSED BY THE
13 COMMONWEALTH UPON THE SUCCESSFUL COMPLETION OF THE COURSE. THE
14 COST OF THE OTHER TRAINING REQUIRED BY THIS SECTION SHALL BE
15 PAID BY THE CONSTABLE.
16 (F) CONTINUING EDUCATION REQUIREMENT.--CONSTABLES SHALL
17 COMPLETE A CONTINUING EDUCATION PROGRAM AS JOINTLY PRESCRIBED BY
18 THE BOARD AND THE ADMINISTRATIVE OFFICE.
19 § 2946. DEPUTY CONSTABLES.
20 (A) APPOINTMENT.--THE CONSTABLE MAY REQUEST, UPON A
21 DEMONSTRATION OF NEED, AUTHORIZATION FROM THE PRESIDENT JUDGE TO
22 APPOINT UP TO FOUR DEPUTIES. THE CONSTABLE MAY APPOINT SUCH
23 DEPUTIES WITH THE APPROVAL OF THE PRESIDENT JUDGE.
24 (B) QUALIFICATIONS.--A DEPUTY CONSTABLE SHALL BE SUBJECT TO
25 THE SAME STANDARDS REQUIRED OF AN ELECTED CONSTABLE AND SHALL
26 PRESENT EVIDENCE OF HAVING MET THOSE REQUIREMENTS PRIOR TO
27 RECEIVING HIS COMMISSION. A DEPUTY SO APPOINTED SHALL BE THE
28 AGENT OF THE CONSTABLE AND SHALL BE REGULATED AND SUPERVISED BY
29 THE CONSTABLE AND REMOVAL BY HIM FOR JUST CAUSE.
30 (C) POWERS AND DUTIES.--A DEPUTY CONSTABLE SHALL HAVE THE
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1 SAME POWERS AND DUTIES AS A CONSTABLE EXCEPT THAT THE DEPUTY MAY
2 NOT APPOINT ANOTHER DEPUTY NOR MAY HE EXERCISE THE POWERS
3 AUTHORIZED IN SECTION 2966 (RELATING TO POLICE POWERS IN CERTAIN
4 MUNICIPALITIES).
5 (D) SPECIAL DEPUTY CONSTABLES FOR ELECTION.--NOTWITHSTANDING
6 THE LIMITATIONS IMPOSED BY THIS SECTION ON THE APPOINTMENT OF
7 DEPUTIES, AT THE REQUEST OF THE COUNTY BOARD OF ELECTIONS A
8 CONSTABLE MAY APPOINT WITHOUT COURT APPROVAL ONE SPECIAL DEPUTY
9 CONSTABLE PER PRECINCT TO PERFORM APPROPRIATE DUTIES AT THE
10 POLLS ON ELECTION DAY. SUCH SPECIAL DEPUTIES POWERS SHALL ONLY
11 EXTEND TO THOSE POWERS GRANTED CONSTABLES GENERALLY REGARDING
12 ELECTIONS AND THEIR APPOINTMENT SHALL EXPIRE AT THE COMPLETION
13 OF THE COUNTING OF THE VOTES. SPECIAL DEPUTY CONSTABLES FOR
14 ELECTION DAY DUTY SHALL NOT BE SUBJECT TO THE TRAINING
15 REQUIREMENTS PROVIDED FOR IN SECTION 2945 (RELATING TO EDUCATION
16 AND TRAINING).
17 ADMINISTRATIVE AND FINANCIAL MATTERS
18 § 2951. LOCAL ADMINISTRATOR.
19 (A) THE PRESIDENT JUDGE OF EACH JUDICIAL DISTRICT MAY
20 APPOINT OR DIRECT A SUITABLE PERSON TO SERVE AS LOCAL
21 ADMINISTRATOR OF THE CONSTABLE SYSTEM WITHIN THE JUDICIAL
22 DISTRICT.
23 (B) IN ADDITION, THE PRESIDENT JUDGE OF EACH JUDICIAL
24 DISTRICT MAY ESTABLISH A CENTRAL OFFICE FOR CONSTABLES TO
25 PROVIDE FOR THE EFFICIENT AND EQUITABLE DISTRIBUTION OF WORK.
26 § 2952. PRIORITY OF CONSTABLE BUSINESS.
27 A CONSTABLE SHALL DEVOTE THE TIME NECESSARY FOR PROMPT AND
28 PROPER DISPOSITION OF THE BUSINESS OF HIS OFFICE, WHICH SHOULD
29 BE GIVEN PRIORITY OVER ANY OTHER OCCUPATION, BUSINESS,
30 PROFESSION, PURSUIT OR ACTIVITY.
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1 § 2953. POLICIES AND PROCEDURES RELATING TO FEES.
2 THE CONSTABLE ADMINISTRATOR OF PENNSYLVANIA SHALL ESTABLISH
3 POLICIES AND PROCEDURES FOR THE COLLECTION AND PAYMENT OF
4 CONSTABLE'S FEES. SUCH PROCEDURES SHALL INCLUDE BUT NOT BE
5 LIMITED TO PROVIDING ADEQUATE AUDITING AND ACCOUNTING PROCEDURES
6 AS TO FINES, COSTS AND FEES PAID TO AND COLLECTED BY DISTRICT
7 JUSTICES, CONSTABLES AND DEPUTY CONSTABLES. FEES SHALL BE AS
8 PROVIDED IN SECTION 2957 (RELATING TO COMPENSATION AND EXPENSES
9 GENERALLY).
10 § 2954. RECORDS.
11 EACH CONSTABLE SHALL MAINTAIN ACCURATE RECORDS REGARDING ALL
12 THE FUNCTIONS PERFORMED BY HIM AND HIS DEPUTIES. SUCH RECORDS
13 SHALL BE OPEN FOR INSPECTION BY THE CONSTABLE ADMINISTRATOR AND
14 THE PRESIDENT JUDGE AND LOCAL ADMINISTRATOR OF THE JUDICIAL
15 DISTRICT AND AS OTHERWISE PROVIDED BY LAW. THE CONSTABLE
16 ADMINISTRATOR SHALL ISSUE RULES PRESCRIBING THE TYPE AND MANNER
17 OF RECORDS TO BE KEPT.
18 § 2955. REGISTRATION AND IDENTIFICATION CARDS.
19 EACH CONSTABLE AND DEPUTY CONSTABLE SHOULD BE REGISTERED AND
20 ISSUED AN IDENTIFICATION CARD BY THE CONSTABLE ADMINISTRATOR.
21 § 2956. UNIFORMS.
22 A CONSTABLE MAY WEAR A UNIFORM WHEN ENGAGED IN THE DUTIES OF
23 HIS OFFICE; HOWEVER, NO CONSTABLE SHALL WEAR HIS UNIFORM WHEN
24 ACTING IN A PRIVATE CAPACITY. THE CONSTABLE ADMINISTRATOR SHALL
25 PRESCRIBE THE SPECIFICATIONS FOR THE STANDARDIZED CONSTABLE
26 UNIFORM.
27 § 2957. COMPENSATION AND EXPENSES GENERALLY.
28 (A) COMPENSATION OF CONSTABLES.--CONSTABLES SHALL BE
29 COMPENSATED FOR THEIR SERVICES BY THE PAYMENT OF FEES AUTHORIZED
30 PURSUANT TO THIS SECTION AND SECTION 2958 (RELATING TO SPECIFIC
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1 FEES).
2 (B) COMPENSATION OF DEPUTIES.--DEPUTY CONSTABLES SHALL BE
3 COMPENSATED FOR THEIR SERVICES PURSUANT TO AGREEMENTS MADE WITH
4 THE CONSTABLE. THE CONSTABLE SHALL BE ENTITLED TO RECEIVE ALL
5 FEES PAYABLE AS A RESULT OF HIS DEPUTIES' SERVICES AND SUCH
6 CONSTABLE SHALL BE RESPONSIBLE FOR THE PAYMENT OF COMPENSATION
7 TO HIS DEPUTY PURSUANT TO THEIR AGREEMENT. THE CONSTABLE SHALL
8 COMPENSATE THE DEPUTY NOT LESS THAN 75% OF THE FEE COLLECTED FOR
9 THE SERVICES PERFORMED. COMPENSATION PAYABLE TO THE DEPUTY SHALL
10 BE PAID TO HIM ON OR BEFORE THE 15TH OF THE MONTH FOLLOWING THE
11 SERVICE PERFORMED.
12 (C) FORM OF PAYMENT.--CONSTABLES ARE AUTHORIZED TO ACCEPT
13 CASH, CHECK OR MONEY ORDER IN PAYMENT FOR THEIR SERVICES. A
14 RECEIPT SHALL BE PROVIDED FOR ANY PAYMENT RECEIVED.
15 (D) ADDITIONAL HOURLY COMPENSATION.--IN ADDITION TO THE FEES
16 AUTHORIZED IN SECTION 2958 FOR SPECIFIC SERVICES, THE CONSTABLE
17 ADMINISTRATOR MAY PROMULGATE RULES AUTHORIZING PAYMENT TO
18 CONSTABLES AT AN HOURLY RATE NOT TO EXCEED $7.50 PER HOUR FOR
19 DESIGNATED SERVICES AND FUNCTIONS NOT OTHERWISE COVERED BUT
20 OTHERWISE PROVIDED FOR IN THIS TITLE.
21 (E) PAYMENT FOR TRAVEL.--
22 (1) CONSTABLES SHALL BE COMPENSATED FOR ACTUAL MILEAGE
23 TRAVELED AT THE RATE OF 17¢ PER MILE. ACTUAL MILEAGE TRAVELED
24 SHALL BE COMPUTED USING THE DISTRICT JUSTICE'S OFFICE AS THE
25 STARTING POINT AND COMPUTING THE DISTANCE FROM THE DISTRICT
26 JUSTICE'S OFFICE TO THE FIRST STOP MADE BY THE CONSTABLE AND
27 BY ADDING THE DISTANCE FROM THE FIRST STOP TO THE SECOND STOP
28 AND SO FORTH TO ALL SUBSEQUENT STOPS. THE ENDING POINT SHALL
29 BE THE DISTRICT JUSTICE'S OFFICE.
30 (2) CONSTABLES SHALL BE COMPENSATED FOR OTHER TRAVEL
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1 EXPENSES NOT TO EXCEED ACCOUNTABLE EXPENSES IF TRAVEL IS BY
2 MEANS OTHER THAN MOTOR VEHICLE.
3 (F) MULTIPLE SERVICE OF PROCESS.--IN CRIMINAL AND CIVIL
4 CASES WHEN MULTIPLE PROCESSES ARE SERVED, A CONSTABLE SHALL BE
5 PAID FOR EACH PROCESS SERVED EVEN THOUGH SERVICE MAY BE
6 PERFORMED AT ONE TIME. THE CONSTABLE SHALL BE PAID ONLY ONE
7 MILEAGE OR EXPENSE FEE, EXCEPT IN THOSE INSTANCES WHEN MULTIPLE
8 TRIPS ARE REQUIRED AND APPROVED.
9 (G) SERVICES PERFORMED BY MORE THAN ONE CONSTABLE.--WHEN A
10 SERVICE IS PERFORMED BY MORE THAN ONE CONSTABLE OR DEPUTY UNDER
11 AUTHORIZATION OF THE PRESIDENT JUDGE OR THE LOCAL ADMINISTRATOR,
12 COMPENSATION SHALL BE PAYABLE AS PROVIDED IN SECTION 2958.
13 (H) SERVICE OF PROCESS BY MAIL.--WHEN SERVICE OF PROCESS IS
14 AUTHORIZED BY MAIL, THE COSTS OF POSTAGE SHALL BE IMPOSED UPON
15 THE PARTY INSTITUTING THE PROCEEDINGS. SUCH COSTS SHALL BE
16 RECOVERABLE BY THE PREVAILING PARTY.
17 (I) PAYMENT FOR SERVICES PERFORMED.--A CONSTABLE SHALL BE
18 COMPENSATED ACCORDING TO THE FEES PROVIDED FOR IN THIS TITLE BY
19 THE COURT WITHIN 30 DAYS FROM THE TIME THE COURT HAS RECEIVED
20 PAYMENT FOR THE SERVICE PERFORMED. IF THE COURT SUSPENDS THE FEE
21 FOR THE SERVICE PERFORMED BY THE CONSTABLE, THE FEE SHALL BE
22 PAID BY THE COUNTY.
23 (J) FEE ASSESSMENT.--AN ADDITIONAL $1 FEE SHALL BE CHARGED
24 TO ALL PERSONS ON WHOM A PROCESS IS SUCCESSFULLY SERVED, UNLESS
25 ACQUITTED, WHICH FEE SHALL BE PAID INTO THE COMMONWEALTH'S
26 GENERAL FUND. THIS FEE SHALL NOT BE SUSPENDED.
27 § 2958. SPECIFIC FEES.
28 THE FEES TO BE CHARGED AND RECEIVED BY CONSTABLES SHALL BE AS
29 FOLLOWS:
30 (1) THE SUM OF $12 FOR ANY OF THE FOLLOWING:
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1 (I) EACH WARRANT OR WRIT EXECUTED ON BEHALF OF THE
2 COMMONWEALTH OR A POLITICAL SUBDIVISION THEREOF.
3 (II) ARRESTING PERSONS WITH OR WITHOUT A WARRANT
4 BEFORE THE JUDICIARY FOR BREACH OF PEACE, RIOTOUS OR
5 DISORDERLY CONDUCT, DRUNKENNESS, OR WHO MAY BE ENGAGED IN
6 THE COMMISSION OF ANY UNLAWFUL ACT TENDING TO IMPERIL THE
7 PERSONAL SECURITY OR ENDANGER THE PROPERTY OF THE
8 CITIZENS, OR VIOLATING ANY ORDINANCE OF ANY MUNICIPALITY
9 FOR WHICH A FINE OR PENALTY MAY BE IMPOSED, OR OFFENDING
10 OR SUSPECTED OF OFFENDING AGAINST THE LAWS OF THIS
11 COMMONWEALTH, OR VIOLATING TIMBERLANDS, OR THE VIOLATION
12 OF ANY OTHER LAW OF THIS COMMONWEALTH.
13 (III) TAKING THE DEFENDANT BEFORE THE DISTRICT
14 JUSTICE FOR PURPOSES OF MAKING BAIL.
15 (IV) TAKING DEFENDANT BEFORE ISSUING AUTHORITY WHERE
16 DEFENDANT DOES NOT OWE MONEY, OR NO FINE OR COSTS ARE
17 STATED ON WARRANT OR FOR ARRAIGNMENT.
18 (V) CONVEYING DEFENDANTS TO JAIL ON MITTIMUS OR
19 WARRANTS OR ORDER OF JUDICIARY OR BECAUSE JUDICIARY IS
20 NOT AVAILABLE.
21 (VI) TAKING DEFENDANT BEFORE THE DISTRICT JUSTICE
22 FROM PRISON OR LOCK-UP.
23 (VII) FOR SERVING NOTICE OF POSSESSION ON TURNING
24 OVER PROPERTY TO LANDLORD WITHOUT FORCIBLE EJECTMENT ON
25 ORDER OF POSSESSION.
26 (2) THE SUM OF $6 FOR THE PERFORMANCE OF ANY OF THE
27 FOLLOWING SERVICES:
28 (I) FOR SERVING CITATION ON DEFENDANT.
29 (II) FOR VOLUNTARY APPEARANCE AT A HEARING ON A
30 SUMMARY CITATION OR A MISDEMEANOR CASE.
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1 (III) FOR EXECUTING A SEARCH WARRANT AND MAKING
2 RETURN.
3 (IV) FOR EXECUTING DISCHARGE TO JAILER.
4 (V) FOR ACCEPTING SECURITY OR BAIL IN A SUMMARY
5 CASE.
6 (VI) FOR RECOVERY OF AN EXPIRED, SUSPENDED OR
7 REVOKED VEHICLE REGISTRATION OR LICENSE.
8 (3) THE AMOUNT STATED FOR THE FOLLOWING SERVICES:
9 (I) FOR TRANSPORTING A PRISONER FROM ANOTHER
10 JUDICIAL DISTRICT TO THE ISSUING AUTHORITY WITHIN THE
11 CONSTABLE'S JUDICIAL DISTRICT FOR HEARING OR ARRAIGNMENT,
12 THE SUM OF $20 PER CONSTABLE IF WITHIN 50 MILES OR $50
13 PER CONSTABLE IF OVER 50 MILES.
14 (II) FOR APPEARANCE IN COURT WHEN SUBPOENAED OR
15 SUMMONED, THE SUM OF $7.50 PER HOUR OR FRACTION THEREOF,
16 WITH A MINIMUM OF ONE HOUR.
17 (III) IN THOSE INSTANCES WHERE A SERVICE IS
18 PERFORMED BY MORE THAN ONE CONSTABLE OR WITH THE
19 ASSISTANCE OF DEPUTIES EACH PERSON SHALL BE COMPENSATED
20 AT THE FEE PROVIDED FOR THAT SERVICE.
21 (IV) FOR SERVING SUBPOENA, IN ALL CASES, OR
22 JUDICIARY NOTICE TO HEARING IN ANY CIVIL CASE, THE SUM OF
23 $6 FOR THE FIRST WITNESS OR DEFENDANT, PLUS $2 FOR EACH
24 ADDITIONAL WITNESS OR DEFENDANT AT THE SAME ADDRESS.
25 (V) FOR LEVYING GOODS, INCLUDING SCHEDULE OF
26 PROPERTY LEVIED UPON AND SET ASIDE EACH ADDRESS, THE SUM
27 OF $20.
28 (VI) FOR POSTING NOTICE OF LEVY EACH ADDRESS LEVIED,
29 $5 PER NOTICE, NO MORE THAN THREE NOTICES.
30 (VII) FOR POSTING SALE NOTICE, EACH NOTICE $5, NO
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1 MORE THAN TWO NOTICES.
2 (VIII) FOR ADVERTISING SALE OF PERSONAL PROPERTY OF
3 DEFENDANT BY POSTING OF HANDBILLS, THE SUM OF $5.
4 (IX) FOR CLERK AT SALE, THE SUM OF $15.
5 (X) FOR HOLDING SALE, 3% ON ALL PROCEEDS OR $20,
6 WHICHEVER IS GREATER.
7 (XI) FOR FORCIBLE EJECTMENT ON ORDER OF POSSESSION,
8 THE SUM OF $30.
9 (XII) FOR MAKING RETURN OF NOT FOUND ON ANY PROCESS
10 WHICH SHALL BE CERTIFIED BY THE CONSTABLE OR DEPUTY
11 CONSTABLE, THE SUM OF $2.
12 (XIII) FOR TRANSPORTING MENTAL PATIENTS WITHIN THE
13 JUDICIAL DISTRICT THE SUM OF $10, OR IF OUTSIDE THE
14 JUDICIAL DISTRICT, THE SUM OF $20.
15 § 2959. DISTRIBUTION OF PROCESS OUTSIDE THE JUDICIAL DISTRICT.
16 A DISTRICT JUSTICE MAY TRANSFER THE SERVICE OF PROCESS FOR
17 PERSONS OR ENTITIES RESIDING IN ANOTHER JUDICIAL DISTRICT TO THE
18 APPROPRIATE LOCAL CONSTABLE ADMINISTRATOR, OR IN THE ABSENCE OF
19 A LOCAL CONSTABLE ADMINISTRATOR, TO THE APPROPRIATE DISTRICT
20 JUSTICE FOR SERVICE. IN THE CASE OF PROCESS TRANSFERRED FOR
21 SERVICE IN THE FIRST JUDICIAL DISTRICT, THE DISTRICT JUSTICE
22 WOULD TRANSFER THE PROCESS TO THE PRESIDENT JUDGE OF THE TRAFFIC
23 COURT FOR DISTRIBUTION FOR SERVICE.
24 POWERS AND DUTIES
25 § 2965. SERVICE OF PROCESS
26 (A) GENERAL POWER--A CONSTABLE IS AUTHORIZED TO SERVE AND
27 EXECUTE ANY LAWFUL PROCESS ISSUED BY A DISTRICT JUSTICE OR ANY
28 OTHER LAWFUL CIVIL, CRIMINAL OR ADMINISTRATIVE PROCESS.
29 (B) SUPREME COURT TO PROMULGATE RULES.--THE SUPREME COURT
30 SHALL PROMULGATE PROCEDURAL RULES RELATING TO THE SERVICE OF
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1 PROCESS ISSUED BY THE COURT OF COMMON PLEAS AND DISTRICT
2 JUSTICES AND THE SERVICE OF PROCESS BY MAIL.
3 (C) CIVIL AND ADMINISTRATIVE PROCESS.--A CONSTABLE IS
4 AUTHORIZED TO SERVE CIVIL AND ADMINISTRATIVE PROCESS WITHIN THE
5 JUDICIAL DISTRICT IN WHICH HE IS ELECTED OR APPOINTED REGARDLESS
6 OF WHETHER OR NOT THE PROCESS EMANATES FROM HIS OWN JUDICIAL
7 DISTRICT.
8 (D) CRIMINAL PROCESS.--A CONSTABLE IS AUTHORIZED TO SERVE
9 CRIMINAL PROCESS ANYWHERE IN THIS COMMONWEALTH WHEN THE PROCESS
10 IS ISSUED FROM HIS JUDICIAL DISTRICT. A CONSTABLE IS AUTHORIZED
11 TO SERVE ANY CRIMINAL PROCESS WITHIN HIS JUDICIAL DISTRICT NO
12 MATTER WHERE SUCH PROCESS WAS ORIGINALLY ISSUED.
13 § 2966. POLICE POWERS IN CERTAIN MUNICIPALITIES.
14 (A) GENERAL RULE.--ANY MUNICIPALITY THAT HAS NO ORGANIZED
15 MUNICIPAL POLICE FORCE MAY FORMALLY APPOINT AS A POLICE OFFICER
16 THE APPROPRIATE CONSTABLE OR CONSTABLES AS OTHERWISE PROVIDED BY
17 LAW. WHEN A CONSTABLE IS ACTING PURSUANT TO SUCH APPOINTMENT, HE
18 SHALL HAVE ALL THE POWERS AND BE SUBJECT TO THE SAME RESTRAINTS
19 AS A POLICEMAN WOULD HAVE IN THE MUNICIPALITY IF IT HAD AN
20 ORGANIZED POLICE FORCE.
21 (B) LETHAL WEAPONS CERTIFICATION REQUIRED.--NO CONSTABLE
22 SHALL PERFORM POLICE DUTIES PURSUANT TO THIS SECTION UNLESS SUCH
23 CONSTABLE HAS BEEN CERTIFIED PURSUANT TO THE ACT OF JUNE 18,
24 1974 (P.L.359, NO.140), REFERRED TO AS THE MUNICIPAL POLICE
25 EDUCATION AND TRAINING LAW.
26 § 2967. TRANSPORTATION OF PRISONERS AND MENTAL PATIENTS.
27 CONSTABLES SHALL HAVE THE AUTHORITY WHEN DIRECTED BY A
28 DISTRICT JUSTICE OR A COURT TO TRANSPORT PRISONERS AND MENTAL
29 PATIENTS.
30 § 2968. PROTECTION OF DISTRICT JUSTICE.
19780H2538B3573 - 34 -
1 UPON THE REQUEST OF AND THE SHOWING OF JUST CAUSE BY THE
2 DISTRICT JUSTICE IN WHOSE MAGISTERIAL DISTRICT THE CONSTABLE
3 SERVES, AND SUBJECT TO THE APPROVAL OF THE PRESIDENT JUDGE OF
4 THE JUDICIAL DISTRICT, A CONSTABLE SHALL PROVIDE PERSONAL
5 PROTECTION TO THE DISTRICT JUSTICE WHILE THE DISTRICT JUSTICE IS
6 PERFORMING HIS DUTIES.
7 § 2969. ELECTION DAY POWERS.
8 UPON REQUEST BY THE COUNTY BOARD OF ELECTIONS A CONSTABLE
9 SHALL HAVE THE DUTY, OBLIGATION AND AUTHORITY TO BE PRESENT AT
10 THE POLLING PLACE IN EACH ELECTION DISTRICT OF SUCH BOROUGH,
11 TOWNSHIP OR WARD AT EACH PRIMARY AND ELECTION DURING THE
12 CONTINUANCE THEREOF, AND WHILE THE VOTES ARE BEING COUNTED, FOR
13 THE PURPOSE OF PRESERVING THE PEACE, AND SHALL SERVE AT ALL
14 ELECTIONS FOR WHICH SERVICES THE SAID CONSTABLE SHALL RECEIVE
15 THE SAME COMPENSATION PAYABLE TO INSPECTORS AND CLERKS AS
16 PROVIDED FOR BY THE ACT OF JUNE 3, 1937 (P.L.1337, NO.320),
17 KNOWN AS THE "PENNSYLVANIA ELECTION CODE," WHICH SHALL BE PAID
18 BY THE COUNTY. NO CONSTABLE IN COMMISSION, WHETHER IN UNIFORM OR
19 IN CITIZENS CLOTHES, SHALL BE WITHIN 100 FEET OF THE POLLING
20 PLACE DURING THE CONDUCT OF ANY PRIMARY OR ELECTION, UNLESS IN
21 THE EXERCISE OF HIS PRIVILEGE OF VOTING FOR THE PURPOSE OF
22 SERVING WARRANTS OR UNLESS CALLED UPON TO PRESERVE THE PEACE. IN
23 NO EVENT MAY ANY CONSTABLE UNLAWFULLY USE OR PRACTICE ANY
24 INTIMIDATION, THREATS, FORCE OR VIOLENCE NOR IN ANY MANNER,
25 UNDULY INFLUENCE ANY ELECTOR OR PREVENT HIM FROM VOTING OR
26 RESTRAIN HIS FREEDOM OF CHOICE, NOR MAY ANY SUCH CONSTABLE
27 ELECTIONEER OR DIRECTLY OR INDIRECTLY ATTEMPT TO INFLUENCE THE
28 ELECTION OR ELECTORS WHILE ON DUTY AT THE ELECTION POLLS.
29 § 2970. ACCEPTANCE OF SECURITY.
30 A CONSTABLE IS AUTHORIZED TO ACCEPT SECURITY FOR A
19780H2538B3573 - 35 -
1 DEFENDANT'S APPEARANCE BEFORE A DISTRICT JUSTICE IN SUMMARY
2 CASES.
3 § 2971. UNLAWFUL ACTS RELATIVE TO CONSTABLES.
4 ANY PERSON WHO KNOWINGLY, WILLFULLY AND FORCIBLY OBSTRUCTS,
5 RESISTS OR OPPOSES ANY CONSTABLE IN SERVING OR ATTEMPTING TO
6 SERVE OR EXECUTE ANY LEGAL PROCESS OR ORDER; OR IN MAKING A
7 LAWFUL ARREST WITH OR WITHOUT A WARRANT; OR ASSAULTS ANY DULY
8 AUTHORIZED CONSTABLE, IN SERVING OR EXECUTING ANY SUCH LEGAL
9 PROCESS OR ORDER OR BECAUSE OF HAVING SERVED OR EXECUTED THE
10 SAME; OR RESCUES ANOTHER IN LEGAL CUSTODY; OR WHOEVER BEING
11 REQUIRED BY ANY CONSTABLE, NEGLECTS OR REFUSES TO ASSIST HIM IN
12 THE EXECUTION OF HIS OFFICE IN ANY CRIMINAL CASE; OR IN THE
13 PRESERVATION OF THE PEACE, OR IN APPREHENDING AND SECURING ANY
14 PERSON FOR A BREACH OF THE PEACE, SHALL BE GUILTY OF A
15 MISDEMEANOR OF THE THIRD DEGREE AND SHALL BE SUBJECT TO ARREST
16 ON VIEW BY A CONSTABLE OR OTHER AUTHORIZED PEACE OFFICER.
17 § 2972. RECOVERY OF CERTAIN VEHICLE REGISTRATIONS AND
18 LICENSES.
19 A CONSTABLE SHALL HAVE THE POWER AND DUTY TO RECOVER EXPIRED,
20 SUSPENDED, OR REVOKED VEHICLE REGISTRATIONS AND LICENSES FOR THE
21 DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT SHALL NOTIFY IN
22 WRITING THE APPROPRIATE CONSTABLE TO RECOVER ALL SUSPENDED OR
23 REVOKED VEHICLE REGISTRATIONS AND LICENSES.
24 § 2973. POWER TO CARRY AND USE A FIREARM.
25 A CONSTABLE SHALL HAVE THE POWER TO CARRY AND USE A FIREARM
26 IN THE PERFORMANCE OF HIS DUTIES UPON THE SUCCESSFUL COMPLETION
27 OF THE TRAINING REQUIREMENTS SET FORTH IN SECTION 2955 (RELATING
28 TO EDUCATION AND TRAINING). A CONSTABLE SHALL BE SUBJECT TO THE
29 SAME REQUIREMENTS AND STATUTES PROVIDED FOR POLICE OFFICERS IN
30 REGARD TO LICENSING AND REGISTRATION OF FIREARMS.
19780H2538B3573 - 36 -
1 SECTION 5. CHAPTER 29 OF TITLE 42 IS AMENDED BY ADDING A
2 SUBCHAPTER TO READ:
3 CHAPTER 29
4 OFFICERS SERVING PROCESS AND ENFORCING ORDERS
5 ***
6 SUBCHAPTER D
7 WARRANT OFFICERS
8 SEC.
9 2981. APPOINTMENT AND APPLICATION.
10 2982. QUALIFICATIONS FOR OFFICE.
11 2983. VACANCIES.
12 2984. EDUCATION AND TRAINING.
13 2985. DEPUTY WARRANT OFFICERS.
14 ADMINISTRATIVE AND FINANCIAL MATTERS
15 2986. PRIORITY OF WARRANT OFFICER BUSINESS.
16 2987. POLICIES AND PROCEDURES RELATING TO FEES.
17 2988. RECORDS.
18 2989. REGISTRATION AND IDENTIFICATION CARDS.
19 2990. DISTRIBUTION OF PROCESS TO BE SERVED.
20 2991. COMPENSATION AND EXPENSES GENERALLY.
21 POWERS AND DUTIES
22 2992. SERVICE OF PROCESS.
23 2993. ACCEPTANCE OF SECURITY.
24 2994. UNLAWFUL ACTS RELATIVE TO CONSTABLES.
25 2995. RECOVERY OF CERTAIN VEHICLE REGISTRATIONS AND LICENSES.
26 2996. POWER TO CARRY AND USE A FIREARM.
27 WARRANT OFFICERS
28 § 2981. APPOINTMENT AND APPLICATION.
29 (A) APPOINTMENT.--THE PRESIDENT JUDGE OF THE TRAFFIC COURT
30 OF PHILADELPHIA SHALL APPOINT NOT MORE THAN 15 PERSONS TO SERVE
19780H2538B3573 - 37 -
1 AS WARRANT OFFICERS FOR TERMS OF SIX YEARS.
2 (B) APPLICATION.--THE PROVISIONS OF THIS TITLE RELATING TO
3 WARRANT OFFICERS SHALL BE APPLICABLE ONLY IN THE FIRST JUDICIAL
4 DISTRICT.
5 § 2982. QUALIFICATIONS FOR OFFICE.
6 (A) GENERAL REQUIREMENTS.--EACH WARRANT OFFICER SHALL BE AT
7 LEAST 18 YEARS OF AGE, SHALL BE A RESIDENT OF THE FIRST JUDICIAL
8 DISTRICT, AND SHALL HAVE MET THE EDUCATIONAL QUALIFICATIONS SET
9 FORTH IN SECTION 2984 (RELATING TO EDUCATION AND TRAINING).
10 (B) PHYSICAL AND MENTAL EXAMINATION.--EVERY WARRANT OFFICER
11 SHALL PASS A PHYSICAL AND MENTAL EXAMINATION PRIOR TO RECEIVING
12 HIS COMMISSION. THE STANDARDS FOR SUCH EXAMINATION SHALL BE SET
13 BY THE PRESIDENT JUDGE OF THE TRAFFIC COURT OF PHILADELPHIA WITH
14 THE ADVICE AND CONSENT OF THE ADMINISTRATIVE OFFICE.
15 § 2983. VACANCIES.
16 (A) DISQUALIFICATION AND REMOVAL FROM OFFICE.--
17 (1) ANY PERSON CONVICTED OF A FELONY OR MISDEMEANOR
18 SHALL BE DISQUALIFIED FROM APPOINTMENT TO OR THE HOLDING OF
19 THE OFFICE OF WARRANT OFFICER.
20 (2) ANY WARRANT OFFICER CONVICTED OF A FELONY OR
21 MISDEMEANOR WHILE IN OFFICE SHALL BE SUSPENDED FROM HIS
22 DUTIES UPON INITIAL CONVICTION. AFTER ANY AND ALL APPEALS ARE
23 FINALLY EXHAUSTED, THE SUSPENSION SHALL RESULT IN IMMEDIATE
24 REMOVAL FROM OFFICE IF THE CONVICTION STANDS AND THE
25 RESULTING VACANCY SHALL BE FILLED PURSUANT TO SUBSECTION (B).
26 IF THE WARRANT OFFICER IS ACQUITTED, THE SUSPENSION SHALL BE
27 LIFTED.
28 (3) ANY WARRANT OFFICER MAY BE REMOVED FROM OFFICE BY
29 THE PRESIDENT JUDGE OF THE TRAFFIC COURT OF PHILADELPHIA
30 AFTER A HEARING IF FOUND TO BE INCOMPETENT OR NEGLIGENT IN
19780H2538B3573 - 38 -
1 PERFORMANCE OF HIS DUTIES OR FOR REFUSAL TO SERVE PROCESS
2 WITHIN A REASONABLE TIME.
3 (B) FILLING OF VACANCIES.--IF THE OFFICE OF WARRANT OFFICER
4 BECOMES VACANT FOR ANY REASON, THE PRESIDENT JUDGE OF THE
5 TRAFFIC COURT OF PHILADELPHIA SHALL APPOINT A QUALIFIED PERSON
6 TO FILL THE VACANCY FOR THE BALANCE OF THE UNEXPIRED TERM.
7 § 2984. EDUCATION AND TRAINING.
8 (A) COURSE OF INSTRUCTION.--WARRANT OFFICERS SHALL COMPLETE
9 A COURSE OF TRAINING AND INSTRUCTION IN THE DUTIES OF THEIR
10 OFFICE AS JOINTLY PRESCRIBED BY THE PRESIDENT JUDGE OF THE
11 TRAFFIC COURT OF PHILADELPHIA AND THE ADMINISTRATIVE OFFICE AND
12 SHALL SUCCESSFULLY PASS AN EXAMINATION PRIOR TO ASSUMING THE
13 DUTIES OF OFFICE IF APPOINTED FOR A FULL TERM OR WITHIN NINE
14 MONTHS AFTER TAKING OFFICE PURSUANT TO AN APPOINTMENT TO FILL A
15 VACANCY. THE ADMINISTRATIVE OFFICE SHALL MAKE THE COURSE OF
16 INSTRUCTION AVAILABLE AT SUCH TIMES AS DETERMINED BY IT AND THE
17 PRESIDENT JUDGE, SO AS TO INSURE THAT ANY WARRANT OFFICER, TO BE
18 APPOINTED MAY QUALIFY TO ASSUME OFFICE AS SOON AS POSSIBLE. BY
19 RULE THE PRESIDENT JUDGE SHALL DIRECT THE ADMINISTRATIVE OFFICE
20 TO CONDUCT THE COURSE AT SUCH TIME, AT SUCH PLACES AND IN SUCH
21 MANNER AS IT SHALL PRESCRIBE. IN ADDITION TO THOSE REQUIRED BY
22 THIS SECTION TO COMPLETE THE COURSE OF TRAINING AND INSTRUCTION
23 AND SUCCESSFULLY PASS AN EXAMINATION, ANY INTERESTED PERSON MAY
24 APPLY TO THE ADMINISTRATIVE OFFICE TO BE ENROLLED IN THE COURSE
25 OF INSTRUCTION AND TAKE THE EXAMINATION, SUBJECT TO SUCH RULES
26 AND REGULATIONS AS THE OFFICE WITH THE APPROVAL OF THE PRESIDENT
27 JUDGE MAY DETERMINE. ANY SUCH INTERESTED PERSON WHO SUCCESSFULLY
28 COMPLETES THE COURSE AND PASSES THE EXAMINATION SHALL SECURE AN
29 APPROPRIATE CERTIFICATE FROM THE ADMINISTRATIVE OFFICE.
30 (B) RULES AND REGULATIONS.--THE ADMINISTRATIVE OFFICE SHALL,
19780H2538B3573 - 39 -
1 WITH THE APPROVAL OF THE PRESIDENT JUDGE, HAVE THE POWER TO
2 PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO CARRY
3 OUT ITS DUTIES UNDER THIS ACT.
4 (C) COMPLETION OF COURSE.--UPON THE SUCCESSFUL COMPLETION OF
5 THE COURSE OF TRAINING AND INSTRUCTION AND EXAMINATION, THE
6 ADMINISTRATIVE OFFICE SHALL ISSUE A CERTIFICATE IN THE FORM
7 PRESCRIBED BY THE PRESIDENT JUDGE, CERTIFYING THAT SUCH PERSON
8 IS QUALIFIED TO PERFORM HIS DUTIES AS REQUIRED BY THIS TITLE.
9 SUCH CERTIFICATE SHALL BE FILED WITH THE PRESIDENT JUDGE. IN THE
10 EVENT THAT A WARRANT OFFICER FAILS TO OBTAIN AND FILE SUCH
11 CERTIFICATE WITHIN NINE MONTHS AFTER HIS APPOINTMENT, SAID
12 OFFICE OF WARRANT OFFICER SHALL BE VACANT AND SUCH VACANCY TO BE
13 FILLED AS PROVIDED IN SECTION 2983 (RELATING TO VACANCIES).
14 (D) FIREARMS TRAINING.--
15 (1) WARRANT OFFICERS SHALL COMPLETE A COURSE OF TRAINING
16 AND INSTRUCTION IN THE USE OF FIREARMS AS JOINTLY PRESCRIBED
17 BY THE PRESIDENT JUDGE AND THE ADMINISTRATIVE OFFICE AND
18 SHALL SUCCESSFULLY PASS AN EXAMINATION WITHIN ONE YEAR AFTER
19 APPOINTMENT IN ORDER TO CARRY OR USE A FIREARM IN THE
20 PERFORMANCE OF THEIR DUTIES.
21 (2) THE COURSE OF INSTRUCTION SHALL INCLUDE AT LEAST 35
22 HOURS OF TRAINING PROVIDED BY THE STATE POLICE OR
23 PHILADELPHIA POLICE CONSISTENT WITH THE TRAINING PROGRAM
24 PROVIDED UNDER THE ACT OF OCTOBER 10, 1974 (P.L.705, NO.235),
25 KNOWN AS THE "LETHAL WEAPONS TRAINING ACT."
26 (3) THE ADMINISTRATIVE OFFICE MAY WAIVE THESE
27 REQUIREMENTS OR ANY PORTION THEREOF UPON THE DEMONSTRATION BY
28 THE WARRANT OFFICER THAT HE HAS TAKEN AND SUCCESSFULLY
29 COMPLETED A COMPARABLE TRAINING PROGRAM.
30 (4) WARRANT OFFICERS SHALL COMPLETE A CONTINUING
19780H2538B3573 - 40 -
1 FIREARMS EDUCATION PROGRAM AS JOINTLY PRESCRIBED BY THE
2 PRESIDENT JUDGE AND THE ADMINISTRATIVE OFFICE.
3 (E) CONTINUING EDUCATION REQUIREMENT.--WARRANT OFFICERS
4 SHALL PARTICIPATE IN A CONTINUING EDUCATION PROGRAM AS JOINTLY
5 PRESCRIBED BY THE PRESIDENT JUDGE AND THE ADMINISTRATIVE OFFICE.
6 (F) COSTS.--THE COST OF FIREARM TRAINING AND INSTRUCTION
7 SHALL BE PAID BY THE WARRANT OFFICER WHO SHALL BE REIMBURSED BY
8 THE COMMONWEALTH UPON THE SUCCESSFUL COMPLETION OF THE COURSE.
9 THE COST OF THE OTHER TRAINING REQUIRED BY THIS SECTION SHALL BE
10 PAID BY THE CONSTABLE.
11 § 2985. DEPUTY WARRANT OFFICERS.
12 (A) APPOINTMENT.--A WARRANT OFFICER MAY REQUEST, UPON A
13 DEMONSTRATION OF NEED, AUTHORIZATION FROM THE PRESIDENT JUDGE TO
14 APPOINT UP TO FOUR DEPUTIES. THE WARRANT OFFICER MAY APPOINT
15 SUCH DEPUTIES WITH THE APPROVAL OF THE PRESIDENT JUDGE.
16 (B) QUALIFICATIONS.--A DEPUTY WARRANT OFFICER SHALL BE
17 SUBJECT TO THE SAME STANDARDS REQUIRED OF A WARRANT OFFICER AND
18 SHALL PRESENT EVIDENCE OF HAVING MET THOSE REQUIREMENTS PRIOR TO
19 RECEIVING HIS COMMISSION. A DEPUTY SO APPOINTED SHALL BE SUBJECT
20 TO REMOVAL UNDER THE SAME CONDITIONS AND PROCEDURES PROVIDED FOR
21 WARRANT OFFICERS.
22 (C) POWERS AND DUTIES.--A DEPUTY WARRANT OFFICER SHALL HAVE
23 THE SAME POWERS AND DUTIES AS A WARRANT OFFICER EXCEPT THAT THE
24 DEPUTY MAY NOT APPOINT ANOTHER DEPUTY.
25 ADMINISTRATIVE AND FINANCIAL MATTERS
26 § 2986. PRIORITY OF WARRANT OFFICER BUSINESS.
27 A WARRANT OFFICER SHALL DEVOTE THE TIME NECESSARY FOR PROMPT
28 AND PROPER DISPOSITION OF THE BUSINESS OF HIS OFFICE, WHICH
29 SHOULD BE GIVEN PRIORITY OVER ANY OTHER OCCUPATION, BUSINESS,
30 PROFESSION, PURSUIT OR ACTIVITY.
19780H2538B3573 - 41 -
1 § 2987. POLICIES AND PROCEDURES RELATING TO FEES.
2 THE PRESIDENT JUDGE SHALL ESTABLISH BY RULE POLICIES AND
3 PROCEDURES FOR THE COLLECTION AND PAYMENT OF WARRANT OFFICERS
4 FEES. SUCH PROCEDURES SHALL INCLUDE BUT NOT BE LIMITED TO
5 PROVIDING ADEQUATE RECORDING, AUDITING AND ACCOUNTING PROCEDURES
6 AS TO FEES PAID TO AND COLLECTED BY WARRANT OFFICERS.
7 § 2988. RECORDS.
8 EACH WARRANT OFFICER SHALL MAINTAIN ACCURATE RECORDS
9 REGARDING ALL THE FUNCTIONS PERFORMED BY HIM AND HIS DEPUTIES.
10 SUCH RECORDS SHALL BE OPEN FOR INSPECTION BY THE PRESIDENT
11 JUDGE.
12 § 2989. REGISTRATION AND IDENTIFICATION CARDS.
13 EACH CONSTABLE AND DEPUTY CONSTABLE SHOULD BE REGISTERED AND
14 ISSUED AN IDENTIFICATION CARD AND BADGE BY THE PRESIDENT JUDGE.
15 § 2990. DISTRIBUTION OF PROCESS TO BE SERVED.
16 (A) WITHIN PHILADELPHIA.--THE PRESIDENT JUDGE SHALL PROVIDE
17 FOR AN EQUAL DISTRIBUTION OF PROCESS TO BE SERVED AMONG THE
18 WARRANT OFFICERS REGARDLESS OF THE SOURCE FROM WHICH THE PROCESS
19 EMANATES. ALL PROCESS TO BE SERVED EMANATING FROM A DISTRICT
20 JUSTICE OR ADMINISTRATIVE PROCESS SHALL BE ASSIGNED IN AN
21 EQUITABLE MANNER BY THE PRESIDENT JUDGE. THE PRESIDENT JUDGE MAY
22 ASSIGN PROCESS TO BE SERVED ON A LESS THAN EQUITABLE BASIS BASED
23 ON A MEDICAL PROBLEM OR PERSONAL REQUEST FROM A WARRANT OFFICER.
24 (B) OUTSIDE PHILADELPHIA.--THE PRESIDENT JUDGE MAY TRANSFER
25 THE SERVICE OF PROCESS FOR PERSONS OR ENTITIES RESIDING IN
26 ANOTHER JUDICIAL DISTRICT TO THE APPROPRIATE LOCAL CONSTABLE
27 ADMINISTRATOR FOR THAT DISTRICT, OR IN THE ABSENCE OF A LOCAL
28 CONSTABLE ADMINISTRATOR, TO THE APPROPRIATE DISTRICT JUSTICE FOR
29 SERVICE.
30 § 2991. COMPENSATION AND EXPENSES GENERALLY.
19780H2538B3573 - 42 -
1 (A) COMPENSATION OF WARRANT OFFICERS.--WARRANT OFFICERS
2 SHALL BE COMPENSATED FOR THEIR SERVICES BY THE PAYMENT OF FEES
3 AUTHORIZED PURSUANT TO THIS SECTION.
4 (B) SPECIFIC FEES.--THE FEES TO BE CHARGED AND RECEIVED BY
5 WARRANT OFFICERS SHALL BE AS FOLLOWS:
6 (1) THE SUM OF $12 FOR THE SERVICE OF ANY CIVIL OR
7 CRIMINAL PROCESS.
8 (2) THE SUM OF $6 FOR THE SERVICE OF ANY ADMINISTRATIVE
9 PROCESS.
10 (3) THE FLAT SUM OF $1.50 FOR MILEAGE FOR THE SERVICE OF
11 ANY CIVIL, CRIMINAL OR ADMINISTRATIVE PROCESS.
12 (C) MULTIPLE SERVICE OF PROCESS.--IN CRIMINAL AND CIVIL
13 CASES WHEN MULTIPLE PROCESSES ARE SERVED, A WARRANT OFFICER
14 SHALL BE PAID FOR EACH PROCESS SERVED EVEN THOUGH SERVICE MAY BE
15 PERFORMED AT ONE TIME. THE WARRANT OFFICER SHALL BE PAID ONLY
16 ONE MILEAGE FEE.
17 (D) SERVICES PERFORMED BY MORE THAN ONE WARRANT OFFICER.--
18 WHEN A SERVICE IS PERFORMED BY MORE THAN ONE WARRANT OFFICER OR
19 DEPUTY UNDER AUTHORIZATION OF THE PRESIDENT JUDGE, COMPENSATION
20 SHALL BE PAYABLE FOR EACH WARRANT OFFICER AT THE FEE PROVIDED IN
21 SUBSECTION (B).
22 (E) SERVICE OF PROCESS BY MAIL.--WHEN SERVICE OF PROCESS IS
23 AUTHORIZED BY MAIL, THE COSTS OF POSTAGE SHALL BE IMPOSED UPON
24 THE PARTY INSTITUTING THE PROCEEDINGS. SUCH COSTS SHALL BE
25 RECOVERABLE BY THE PREVAILING PARTY.
26 (F) PAYMENT FOR SERVICES PERFORMED.--
27 (1) A WARRANT OFFICER SHALL BE COMPENSATED ACCORDING TO
28 THE FEES PROVIDED FOR IN THIS SECTION BY THE TRAFFIC COURT
29 WITHIN 30 DAYS FROM THE TIME THE COURT HAS RECEIVED PAYMENT
30 FOR THE SERVICE PERFORMED. IF THE TRAFFIC COURT SUSPENDS THE
19780H2538B3573 - 43 -
1 FEE FOR THE SERVICE PERFORMED BY THE WARRANT OFFICER, THE FEE
2 SHALL BE PAID BY THE COUNTY.
3 (2) THE PRESIDENT JUDGE SHALL PRESCRIBE RULES FOR THE
4 PAYMENT OF WARRANT OFFICER'S FEES FOR CASES WHERE PAYMENT IS
5 ORDERED BY THE COURT ON AN INSTALLMENT BASIS.
6 (G) FEE ASSESSMENT.--AN ADDITIONAL $1 FEE SHALL BE CHARGED
7 TO ALL PERSONS ON WHOM A PROCESS IS SUCCESSFULLY SERVED, UNLESS
8 ACQUITTED, WHICH FEE SHALL BE PAID INTO THE COMMONWEALTH'S
9 GENERAL FUND. THIS FEE SHALL NOT BE SUSPENDED.
10 POWERS AND DUTIES
11 § 2992. SERVICE OF PROCESS.
12 (A) GENERAL POWER.--A WARRANT OFFICER SHALL HAVE THE DUTY,
13 OBLIGATION AND AUTHORITY TO SERVE AND EXECUTE CIVIL,
14 ADMINISTRATIVE AND CRIMINAL PROCESS ISSUED BY THE TRAFFIC COURT
15 OR A DISTRICT JUSTICE.
16 (B) SUPREME COURT TO PROMULGATE RULES.--THE SUPREME COURT
17 SHALL PROMULGATE PROCEDURAL RULES RELATING TO THE SERVICE OF
18 PROCESS ISSUED BY THE TRAFFIC COURT AND THE SERVICE OF PROCESS
19 BY MAIL.
20 (C) CIVIL AND ADMINISTRATIVE PROCESS.--A WARRANT OFFICER IS
21 AUTHORIZED TO SERVE CIVIL AND ADMINISTRATIVE PROCESS WITHIN THE
22 FIRST JUDICIAL DISTRICT REGARDLESS OF WHETHER OR NOT THE PROCESS
23 EMANATES FROM SUCH JUDICIAL DISTRICT.
24 (D) CRIMINAL PROCESS.--A WARRANT OFFICER IS AUTHORIZED TO
25 SERVE CRIMINAL PROCESS ANYWHERE IN THIS COMMONWEALTH WHEN THE
26 PROCESS IS ISSUED FROM HIS JUDICIAL DISTRICT.
27 § 2993. ACCEPTANCE OF SECURITY.
28 A WARRANT OFFICER IS AUTHORIZED TO ACCEPT SECURITY FOR A
29 DEFENDANT'S APPEARANCE BEFORE THE TRAFFIC COURT.
30 § 2994. UNLAWFUL ACTS RELATIVE TO WARRANT OFFICERS.
19780H2538B3573 - 44 -
1 ANY PERSON WHO KNOWINGLY, WILLFULLY AND FORCIBLY OBSTRUCTS,
2 RESISTS OR OPPOSES ANY WARRANT OFFICER IN SERVING OR ATTEMPTING
3 TO SERVE OR EXECUTE ANY LEGAL PROCESS OR ORDER; OR IN MAKING A
4 LAWFUL ARREST WITH OR WITHOUT A WARRANT; OR ASSAULTS ANY DULY
5 AUTHORIZED WARRANT OFFICER, IN SERVING OR EXECUTING ANY SUCH
6 LEGAL PROCESS OR ORDER OR BECAUSE OF HAVING SERVED OR EXECUTED
7 THE SAME; OR RESCUES ANOTHER IN LEGAL CUSTODY; SHALL BE GUILTY
8 OF A MISDEMEANOR OF THE THIRD DEGREE AND SHALL BE SUBJECT TO
9 ARREST ON VIEW BY A WARRANT OFFICER OR OTHER AUTHORIZED PEACE
10 OFFICER.
11 § 2995. RECOVERY OF CERTAIN VEHICLE REGISTRATIONS AND LICENSES.
12 A WARRANT OFFICER SHALL HAVE THE POWER AND DUTY TO RECOVER
13 EXPIRED, SUSPENDED, OR REVOKED VEHICLE REGISTRATIONS AND
14 LICENSES FOR THE DEPARTMENT OF TRANSPORTATION. THE DEPARTMENT
15 SHALL NOTIFY IN WRITING THE PRESIDENT JUDGE TO RECOVER ALL
16 SUSPENDED OR REVOKED VEHICLE REGISTRATIONS AND LICENSES IN THE
17 FIRST JUDICIAL DISTRICT.
18 § 2996. POWER TO CARRY AND USE A FIREARM.
19 A WARRANT OFFICER SHALL HAVE THE POWER TO CARRY AND USE A
20 FIREARM IN THE PERFORMANCE OF HIS DUTIES UPON THE SUCCESSFUL
21 COMPLETION OF THE TRAINING REQUIREMENTS SET FORTH IN SECTION
22 2984 (RELATING TO EDUCATION AND TRAINING). A WARRANT OFFICER
23 SHALL BE SUBJECT TO THE SAME REQUIREMENTS AND STATUTES PROVIDED
24 FOR POLICE OFFICERS IN REGARD TO LICENSING AND REGISTRATION OF
25 FIREARMS. THE WARRANT OFFICER MAY CARRY AND USE A FIREARM DURING
26 HIS FIRST YEAR IN OFFICE WHILE INVOLVED IN THE COURSE OF
27 INSTRUCTION UPON RECEIPT OF WRITTEN APPROVAL OF THE PRESIDENT
28 JUDGE.
29 SECTION 6. INITIAL APPOINTMENTS TO CONSTABLES EDUCATION BOARD.
30 NOTWITHSTANDING THOSE PROVISIONS OF SECTION 2142(B) (RELATING
19780H2538B3573 - 45 -
1 TO TERMS OF OFFICE) OF THE MEMBERS OF THE CONSTABLES EDUCATION
2 BOARD, THE INITIAL APPOINTEES TO THE BOARD SHALL SERVE THE
3 FOLLOWING TERMS:
4 (1) THE CONSTABLE MEMBERS - 5 YEARS.
5 (2) THE DISTRICT JUSTICE MEMBER - 3 YEARS.
6 (3) THE OTHER THREE MEMBERS - 4 YEARS.
7 SECTION 7. TRANSITIONAL PROVISIONS.
8 (A) ANY CONSTABLE IN OFFICE ON THE EFFECTIVE DATE OF THIS
9 ACT SHALL REMAIN IN OFFICE UNTIL THE FIRST MONDAY IN JANUARY
10 1980. ANY CONSTABLE ELECTED FOLLOWING THE EFFECTIVE DATE OF THIS
11 ACT WHO HAS PREVIOUSLY SERVED AS A CONSTABLE FOR A PERIOD OF AT
12 LEAST FOUR YEARS SHALL BE EXEMPT FROM THE INITIAL EDUCATIONAL
13 AND TRAINING REQUIREMENTS OF SECTION 2945 (RELATING TO EDUCATION
14 AND TRAINING).
15 (B) ANY WRIT SERVER IN OFFICE ON THE EFFECTIVE DATE OF THIS
16 ACT SHALL REMAIN IN OFFICE AS A WARRANT OFFICER UNTIL THE FIRST
17 MONDAY IN JANUARY 1980 AT WHICH TIME THEY SHALL BE ELIGIBLE FOR
18 APPOINTMENT TO SIX-YEAR TERMS. ANY WARRANT OFFICER WHO HAS
19 SERVED PREVIOUSLY AS A WRIT SERVER FOR A PERIOD OF AT LEAST FOUR
20 YEARS SHALL BE EXEMPT FROM THE INITIAL EDUCATIONAL AND TRAINING
21 REQUIREMENTS OF SECTION 2984 (RELATING TO EDUCATION AND
22 TRAINING).
23 SECTION 8. REPEALS.
24 (A) THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED
25 ABSOLUTELY:
26 ACT OF MARCH 1, 1799 (3 SM.L.354, CH.2012), ENTITLED "A
27 SUPPLEMENT TO THE ACT, ENTITLED 'AN ACT TO EXTEND THE POWERS OF
28 THE JUSTICES OF THE PEACE OF THIS STATE.'"
29 SECTIONS 12 AND 19, ACT OF MARCH 20, 1810 (P.L.208, NO.132),
30 ENTITLED "AN ACT TO AMEND AND CONSOLIDATE WITH ITS SUPPLEMENTS,
19780H2538B3573 - 46 -
1 THE ACT ENTITLED 'AN ACT FOR THE RECOVERY OF DEBTS AND DEMANDS,
2 NOT EXCEEDING ONE HUNDRED DOLLARS, BEFORE A JUSTICE OF THE
3 PEACE, AND FOR THE ELECTION OF CONSTABLES, AND FOR OTHER
4 PURPOSES.'"
5 ACT OF JANUARY 21, 1814 (P.L.28, NO.9), ENTITLED "AN ACT
6 ALLOWING COMPENSATION FOR CONSTABLES FOR ATTENDING THE SEVERAL
7 COURTS WITHIN THIS COMMONWEALTH."
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 FOR
13 OTHER PURPOSES."
14 SECTIONS 107, 108, 109, 110, 111, 112, 113, 114, ACT OF APRIL
15 15, 1834 (P.L.537, NO.247), ENTITLED "AN ACT RELATING TO
16 COUNTIES AND TOWNSHIPS, AND COUNTY AND TOWNSHIP OFFICERS."
17 SECTION 14, ACT OF MAY 27, 1841 (P.L.400, NO.141), ENTITLED
18 "AN ACT RELATING TO THE ELECTION OF COUNTY TREASURERS, AND FOR
19 OTHER PURPOSES."
20 SECTION 19, ACT OF APRIL 22, 1850 (P.L. 549, NO.342),
21 ENTITLED "A SUPPLEMENT TO AN ACT, ENTITLED 'AN ACT TO PREVENT
22 WASTE IN CERTAIN CASES WITHIN THIS COMMONWEALTH,' PASSED THE
23 TWENTY-NINTH DAY OF MARCH, ONE THOUSAND EIGHT HUNDRED AND
24 TWENTY-TWO; TO LAND AND BUILDING ASSOCIATIONS; GIVING THE COURT
25 OF SUSQUEHANNA COUNTY JURISDICTION IN A CERTAIN CASE; RELATIVE
26 TO THE SERVICE OF PROCESS IN CERTAIN CASES; TO PARTY WALLS IN
27 WEST PHILADELPHIA; TO THE PROOF OF A CERTAIN WILL; TO THE SALE
28 AND PURCHASE OF CERTAIN BURIAL GROUNDS IN PHILADELPHIA; TO THE
29 LAYING OF GAS PIPES IN THE DISTRICT OF MOYAMENSING; TO THE
30 RELEASE OF CERTAIN SURETIES IN ERIE COUNTY; TO THE STATE LUNATIC
19780H2538B3573 - 47 -
1 HOSPITAL; RELATIVE TO THE SERVICE OF PROCESS AGAINST SHERIFFS;
2 TO THE RIGHTS OF MARRIED WOMEN; TO GROUND RENTS; AND RELATING TO
3 FOREIGN INSURANCE COMPANIES."
4 ACT OF FEBRUARY 14, 1889 (P.L.6, NO.5), ENTITLED "AN ACT TO
5 AUTHORIZE THE ELECTION OF CONSTABLES FOR THREE YEARS."
6 ACT OF MAY 4, 1889 (P.L.83, NO.79), ENTITLED "AN ACT TO
7 AUTHORIZE THE ELECTION OF CONSTABLES FOR THREE YEARS IN CITIES
8 OF THE SECOND AND THIRD CLASS."
9 ACT OF JUNE 4, 1897 (P.L.121, NO.101), ENTITLED "AN ACT
10 RELATING TO BOROUGHS, PROVIDING A METHOD OF PROCEDURE FOR
11 VIOLATIONS OF LAW AND BOROUGH ORDINANCES, AND FOR THE COLLECTION
12 OF THE FINES AND PENALTIES IMPOSED FOR SAID VIOLATIONS."
13 ACT OF JULY 14, 1897 (P.L.266, NO.209), ENTITLED "AN ACT TO
14 REGULATE THE REMUNERATION OF POLICEMEN AND CONSTABLES EMPLOYED
15 AS POLICEMEN THROUGHOUT THE COMMONWEALTH OF PENNSYLVANIA, AND
16 PROHIBITING THEM FROM CHARGING OR ACCEPTING ANY FEE OR OTHER
17 COMPENSATION, IN ADDITION TO THEIR SALARY, EXCEPT AS PUBLIC
18 REWARDS AND MILEAGE FOR TRAVELING EXPENSES."
19 ACT OF FEBRUARY 17, 1899 (P.L.3, NO.1), ENTITLED "AN ACT TO
20 FIX, REGULATE AND ESTABLISH THE FEES TO BE CHARGED AND RECEIVED
21 BY CONSTABLES IN THIS COMMONWEALTH."
22 ACT OF MAY 2, 1901 (P.L.131, NO.98), ENTITLED "AN ACT TO FIX,
23 REGULATE AND ESTABLISH THE FEES TO BE CHARGED AND RECEIVED BY
24 CONSTABLES IN THIS COMMONWEALTH FOR EXECUTING AN ORDER OF RELIEF
25 OF A PAUPER."
26 ACT OF APRIL 25, 1905 (P.L.309, NO.214), ENTITLED "AN ACT
27 AUTHORIZING POLICEMEN TO HOLD AND EXERCISE THE OFFICE OF
28 CONSTABLES."
29 ACT OF APRIL 23, 1909 (P.L.151, NO.104), ENTITLED "AN ACT
30 FIXING THE FEES TO BE RECEIVED BY CONSTABLES IN THIS
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1 COMMONWEALTH."
2 ACT OF JUNE 9, 1911 (P.L.727, NO.299), ENTITLED "AN ACT
3 AUTHORIZING THE ELECTION IN FIRST CLASS TOWNSHIPS OF AN
4 ADDITIONAL CONSTABLE, AND FIXING HIS TERM."
5 ACT OF JUNE 19, 1913 (P.L.534, NO.342), ENTITLED "AN ACT
6 RELATING TO APPOINTMENT OF DEPUTY CONSTABLES."
7 ACT OF JULY 20, 1917 (P.L.1158, NO.401), ENTITLED "AN ACT TO
8 FIX, REGULATE, AND ESTABLISH THE FEES TO BE CHARGED AND RECEIVED
9 BY CONSTABLES IN THIS COMMONWEALTH."
10 ACT OF MAY 31, 1919 (P.L.357, NO.171), ENTITLED "AN ACT
11 RELATING TO THE DUTIES OF CONSTABLES IN CERTAIN COUNTIES;
12 PROHIBITING THEM FROM MAKING RETURNS TO THE COURT OF QUARTER
13 SESSIONS IN CERTAIN CASES; AUTHORIZING THE COURT TO DIRECT
14 INVESTIGATIONS AND REPORTS BY CONSTABLES, AND FIXING THEIR
15 COMPENSATION IN SUCH CASES."
16 SECTION 14, ACT OF JUNE 28, 1923 (P.L.903, NO.348), ENTITLED
17 "A SUPPLEMENT TO AN ACT, APPROVED THE FOURTEENTH DAY OF MAY, ONE
18 THOUSAND NINE HUNDRED AND FIFTEEN (PAMPHLET LAWS, THREE HUNDRED
19 AND TWELVE), ENTITLED 'AN ACT PROVIDING A SYSTEM FOR GOVERNMENT
20 OF BOROUGHS, AND REVISING, AMENDING, AND CONSOLIDATING THE LAW
21 RELATING TO BOROUGHS'; SO AS TO PROVIDE A SYSTEM OF GOVERNMENT
22 WHERE A BOROUGH NOW HAS ANNEXED OR HEREAFTER SHALL ANNEX LAND IN
23 AN ADJOINING COUNTY, INCLUDING ASSESSMENT OF PROPERTY, LEVYING
24 AND COLLECTION OF TAXES, MAKING MUNICIPAL IMPROVEMENTS, AND
25 FILING AND COLLECTING OF LIENS FOR THE SAME; THE JURISDICTION OF
26 COURTS FOR THE ENFORCEMENT OF BOROUGH ORDINANCES AND STATE LAWS,
27 AND PRIMARY, GENERAL, MUNICIPAL, AND SPECIAL ELECTIONS; AND
28 REPEALING INCONSISTENT LAWS."
29 ACT OF MARCH 20, 1929 (P.L.32, NO.32), ENTITLED "AN ACT
30 PROVIDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF
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1 CONSTABLE IN ANY BOROUGH, TOWN, WARD OF ANY CITY, BOROUGH, OR
2 TOWN OR TOWNSHIP OF THIS COMMONWEALTH."
3 ACT OF FEBRUARY 28, 1933 (P.L.5, NO.3), ENTITLED "AN ACT
4 RELATING TO CONSTABLES' RETURNS TO THE COURT OF QUARTER
5 SESSIONS."
6 ACT OF MAY 26, 1943 (P.L.637, NO.280), ENTITLED "AN ACT
7 PROVIDING THAT THE TERMS OF CONSTABLES HEREAFTER ELECTED IN
8 CITIES OF THE SECOND, SECOND CLASS A AND THIRD CLASSES, BOROUGHS
9 AND TOWNSHIPS, SHALL BE FOR SIX YEARS."
10 SECTION 1126, ACT OF FEBRUARY 1, 1966 (1965 P.L.1656,
11 NO.581), ENTITLED "AN ACT CONCERNING BOROUGHS, AND REVISING,
12 AMENDING AND CONSOLIDATING THE LAW RELATING TO BOROUGHS."
13 SECTION 18, ACT OF JULY 9, 1976 (P.L.586, NO.142), ENTITLED
14 "AN ACT AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE),
15 15 (CORPORATIONS AND UNINCORPORATED ASSOCIATIONS), 18 (CRIMES
16 AND OFFENSES) AND 71 (STATE GOVERNMENT) OF THE PENNSYLVANIA
17 CONSOLIDATED STATUTES, ADDING REVISED, CODIFIED AND COMPILED
18 PROVISIONS RELATING TO JUDICIARY AND JUDICIAL PROCEDURE,
19 INCLUDING CERTAIN JUDICIALLY ENFORCEABLE RIGHTS, DUTIES,
20 IMMUNITIES AND LIABILITIES AND SEPARATELY ENACTING CERTAIN
21 RELATED PROVISIONS OF LAW."
22 (B) THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED INSOFAR
23 AS THEY RELATE TO CONSTABLES:
24 SECTIONS 3 AND 7, ACT OF MARCH 4, 1824 (P.L.32, NO.31),
25 ENTITLED "A SUPPLEMENT TO THE ACT ENTITLED 'AN ACT LAYING A DUTY
26 ON THE RETAILERS OF FOREIGN MERCHANDISE.'"
27 SECTION 9, ACT OF APRIL 12, 1825 (P.L.247, NO.132), ENTITLED
28 "AN ACT MORE EFFECTUALLY TO SECURE THE COLLECTION OF THE REVENUE
29 FROM TAVERN LICENSES, AND FOR OTHER PURPOSES."
30 SECTIONS 107, 108, ACT OF APRIL 15, 1834 (P.L.537, NO.247),
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1 ENTITLED "AN ACT RELATING TO COUNTIES AND TOWNSHIPS, AND COUNTY
2 AND TOWNSHIP OFFICERS."
3 ACT OF MAY 3, 1850 (P.L.666, NO.390), ENTITLED "AN ACT
4 REGULATING THE MUNICIPAL AND OTHER ELECTIONS IN THE CITY OF
5 PHILADELPHIA, AND TO ESTABLISH AN UNIFORM SYSTEM OF POLICE FOR
6 THE CITY OF PHILADELPHIA AND THE DISTRICTS OF SOUTHWARK,
7 MOYAMENSING, SPRING GARDEN, PENN TOWNSHIP, THE INCORPORATED
8 NORTHERN LIBERTIES AND KENSINGTON."
9 SECTION 17, ACT OF APRIL 3, 1851 (P.L.320, NO.218), ENTITLED
10 "AN ACT REGULATING BOROUGHS."
11 ACT OF APRIL 21, 1855 (P.L.283, NO.297), ENTITLED "AN ACT
12 ESTABLISHING FEES FOR COMMITMENTS TO HOUSES OF REFUGE."
13 ACT OF MARCH 12, 1866 (P.L.182, NO.154), ENTITLED "AN ACT
14 RELATIVE TO DUTIES AND POWERS OF CONSTABLES AND RAILROAD
15 CONDUCTORS, IN THE COUNTIES OF ERIE, CRAWFORD, LUZERNE,
16 SUSQUEHANNA AND PIKE."
17 ACT OF MAY 10, 1878 (P.L.51, NO.72), ENTITLED "A SUPPLEMENT
18 TO AN ACT, ENTITLED 'AN ACT TO PRESCRIBE THE MANNER IN WHICH THE
19 COURTS MAY DIVIDE BOROUGHS INTO WARDS,' APPROVED THE FOURTEENTH
20 DAY OF MAY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND SEVENTY-
21 FOUR."
22 ACT OF APRIL 24, 1885 (P.L.9, NO.11), ENTITLED "AN ACT TO
23 AMEND AN ACT, ENTITLED 'AN ACT TO PROVIDE FOR THE DESTRUCTION,
24 AND TO PREVENT THE SPREAD OF CANADA THISTLES,' APPROVED THE
25 TWENTY-SECOND DAY OF MARCH, ANNO DOMINI ONE THOUSAND EIGHT
26 HUNDRED AND SIXTY-TWO."
27 SECTION 3, ACT OF MAY 19, 1887 (P.L.138, NO.82), ENTITLED "AN
28 ACT PROVIDING FOR PAYMENT OF COSTS IN CRIMINAL CASES BY THE
29 PROPER COUNTY."
30 ACT OF FEBRUARY 12, 1889 (P.L.3, NO.1), ENTITLED "AN ACT TO
19780H2538B3573 - 51 -
1 PROVIDE FOR THE COMMENCEMENT OF THE TERMS OF OFFICE OF
2 COUNCILMEN, CONSTABLES AND SCHOOL DIRECTORS IN NEW WARDS, WHEN
3 ERECTED IN CITIES OF THE FIRST CLASS UNDER EXISTING LAWS AND
4 WHERE THE SEVERAL WARDS CONSTITUTE SEPARATE SCHOOL DISTRICTS, TO
5 PROVIDE FOR THE SUPERVISION OF THE PUBLIC SCHOOLS IN SUCH NEW
6 WARDS UNTIL THE ORGANIZATION OF THE BOARD OF SCHOOL DIRECTORS OF
7 THE NEW SCHOOL SECTION, AND TO PROVIDE FOR THE TERM OF
8 COUNCILMEN AND CONSTABLES ALREADY ELECTED BY THE VOTERS OF THE
9 OLD WARD."
10 SECTION 4, ACT OF MAY 11, 1927 (P.L.968, NO.461), ENTITLED
11 "AN ACT TO PROVIDE FOR THE LICENSING AND REGULATION OF PUBLIC
12 DANCE HALLS AND BALLROOMS, AND FOR THE REGULATION AND
13 SUPERVISION OF PUBLIC DANCES AND BALLS, IN TOWNSHIPS."
14 SECTION 2005, ACT OF JUNE 23, 1931 (P.L.932, NO.317), KNOWN
15 AS "THE THIRD CLASS CITY CODE."
16 SECTION 1401, ACT OF JUNE 24, 1931 (P.L.1206, NO.331), KNOWN
17 AS "THE FIRST CLASS TOWNSHIP CODE."
18 SECTIONS 1207, 1220, 1811, 1821, 1822, ACT OF JUNE 3, 1937
19 (P.L.1333, NO.320), KNOWN AS THE "PENNSYLVANIA ELECTION CODE."
20 SECTIONS 234, 1121, ACT OF FEBRUARY 1, 1966 (1965 P.L.1656,
21 NO.581), KNOWN AS "THE BOROUGH CODE."
22 TITLE 51, SECTION 6108 (RELATING TO LIABILITY OF PUBLIC
23 OFFICERS FOR NONEXECUTION OF PROCESS), ACT OF NOVEMBER 25, 1970
24 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
25 STATUTES.
26 SECTION 9. EFFECTIVE DATE.
27 THIS ACT SHALL TAKE EFFECT JANUARY 1, 1979.
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