PRINTER'S NO. 482

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 421 Session of 1983

        INTRODUCED BY PETRARCA, STAIRS, BOWSER, RIEGER AND DONATUCCI,
           MARCH 16, 1983

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 1983

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for the
     3     precedence of substance over procedure in criminal cases.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 8703.  Precedence of substance over procedure.
     9     In any criminal proceeding, the guilt or innocence of the
    10  defendant and other matters of substance shall take precedence
    11  over matters of procedure and no sentence given a convicted
    12  defendant shall be overturned or reduced because of the
    13  subsequent discovery of a procedural defect in the proceedings
    14  which bears no relation to the issue of guilt or innocence.
    15     Section 2.  This act shall take effect immediately.


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