SENATE AMENDED
PRIOR PRINTER'S NOS. 57, 1685, 3041 PRINTER'S NO. 3055
No. 55 Session of 1979
INTRODUCED BY MESSRS. CIMINI, RHODES, D. M. FISHER, SPENCER,
HELFRICK, SCIRICA, WHITE, McCLATCHY, GRIECO AND REED,
FEBRUARY 5, 1979
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, MARCH 17, 1980
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, by providing for the
3 transportation of juries in certain criminal cases.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42, act of November 25, 1970 (P.L.707,
7 No.230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding a section to read:
9 § 5106.1. Transportation of juries impaneled in other <--
10 counties to county of trial in certain criminal
11 cases.
12 If upon motion of the defendant and following a hearing, the
13 court of common pleas determines that prejudicial news coverage
14 prior to trial has created a reasonable likelihood that a fair
15 and impartial jury cannot be impaneled in the county where the
16 criminal complaint is filed, said court, as an alternative to
17 issuing an order for a change of venue, may direct that jurors
1 be impaneled from another county. The jury shall be impaneled as
2 in other cases in the county where the jury is to be impaneled,
3 and transported to the county where the complaint is filed and
4 all costs accruing from same shall be paid by the latter county.
5 The order for impanelment of a jury from another county shall be
6 certified forthwith to the Supreme Court which shall designate
7 and notify the county of impanelment. Nothing herein shall
8 lessen the power of the court of common pleas to order a change
9 of venue in criminal cases.
10 § 8702. IMPANELING JURY FROM ANOTHER COUNTY. <--
11 (A) GENERAL RULE.--IF, UPON MOTION AND FOLLOWING A HEARING,
12 THE COURT OF COMMON PLEAS DETERMINES THAT A FAIR AND IMPARTIAL
13 JURY CANNOT BE IMPANELED IN THE COUNTY WHERE THE CRIMINAL
14 COMPLAINT IS FILED, AS AN ALTERNATIVE TO ISSUING AN ORDER FOR A
15 CHANGE OF VENUE THE COURT MAY DIRECT THAT JURORS BE IMPANELED
16 FROM ANOTHER COUNTY. THE ORDER FOR IMPANELMENT OF A JURY FROM
17 ANOTHER COUNTY SHALL BE CERTIFIED FORTHWITH TO THE SUPREME COURT
18 WHICH SHALL DESIGNATE AND NOTIFY THE COUNTY OF IMPANELMENT.
19 (B) IMPANELMENT AND TRANSPORTATION.--THE JURY SHALL BE
20 IMPANELED AS IN OTHER CASES IN THE COUNTY WHERE THE JURY IS TO
21 BE IMPANELED AND TRANSPORTED TO THE COUNTY WHERE THE COMPLAINT
22 IS FILED.
23 (C) PAYMENT OF COSTS.--ALL COSTS INCURRED UNDER THIS SECTION
24 SHALL BE PAID BY THE COUNTY WHERE THE COMPLAINT IS FILED.
25 (D) CHANGE OF VENUE POWERS UNAFFECTED.--THIS SECTION DOES
26 NOT LESSEN THE POWER OF THE COURT OF COMMON PLEAS TO ORDER A
27 CHANGE OF VENUE.
28 Section 2. This act shall take effect immediately IN 60 <--
29 DAYS. IMMEDIATELY. <--
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