PRINTER'S NO. 1424
No. 1219 Session of 1983
INTRODUCED BY DUFFY, MAYERNIK, PETRONE, CLARK, SEVENTY,
VAN HORNE AND GAMBLE, JUNE 15, 1983
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 15, 1983
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes, adding
3 provisions relating to 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 "Constable." A constable elected or appointed pursuant to
17 Subchapter C of Chapter 29 (relating to constables) or a deputy
18 constable appointed pursuant to Subchapter C of Chapter 29.
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 constable.
11 * * *
12 Section 2. Title 42 is amended by adding a section to read:
13 § 1904. Constable Administrator of Pennsylvania.
14 The Supreme Court shall appoint and may remove a Constable
15 Administrator of Pennsylvania within the Administrative Office
16 of Pennsylvania Courts.
17 Section 3. Chapter 21 of Title 42 is amended by adding a
18 subchapter to read:
19 CHAPTER 21
20 JUDICIAL BOARDS AND COMMISSIONS
21 * * *
22 SUBCHAPTER G
23 CONSTABLE EDUCATION BOARD
24 Sec.
25 2161. Constable Education Board.
26 2162. Composition of board.
27 2163. Organization.
28 2164. Staff.
29 2165. Powers and duties.
30 § 2161. Constable Education Board.
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1 (a) General rule.--The Constable Education Board shall
2 consist of 15 members selected as provided in this subchapter.
3 (b) Seal.--The Constable Education Board shall have a seal
4 engraved with its name and such other inscription as may be
5 specified by general rule. A facsimile or preprinted seal may be
6 used for all purposes in lieu of the original seal.
7 § 2162. Composition of board.
8 (a) General rule.--The Constable Education Board shall
9 consist of the following members appointed by the Governor with
10 the consent of a majority of the members elected to the Senate:
11 (1) Nine persons who shall be constables, three to be
12 appointed from each of the following three districts:
13 (i) The Eastern District, consisting of the counties
14 of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh,
15 Montgomery, Northampton, Philadelphia and Schuylkill.
16 (ii) The Middle District, consisting of the counties
17 of Adams, Bradford, Cameron, Carbon, Centre, Clinton,
18 Columbia, Cumberland, Dauphin, Franklin, Fulton,
19 Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne,
20 Lycoming, Mifflin, Monroe, Montour, Northumberland,
21 Perry, Pike, Potter, Snyder, Sullivan, Susquehanna,
22 Tioga, Union, Wayne, Wyoming and York.
23 (iii) The Western District, consisting of the
24 counties of Allegheny, Armstrong, Beaver, Bedford, Blair,
25 Butler, Cambria, Clarion, Clearfield, Crawford, Elk,
26 Erie, Fayette, Forest, Greene, Indiana, Jefferson,
27 Lawrence, McKean, Mercer, Somerset, Venango, Warren,
28 Washington and Westmoreland.
29 (2) Six other persons, two to be appointed from each
30 district.
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1 (b) Terms of office.--The members of the board shall serve
2 for terms of six years and until a successor has been appointed
3 and qualified. A vacancy on the board shall be filled for the
4 balance of the term.
5 (c) Compensation.--Members of the board shall be paid $50
6 for each day or part thereof upon which the member attends a
7 board meeting or performs any duty assigned by the chairman.
8 Members shall be reimbursed for reasonable traveling and other
9 accountable expenses incurred incident to such attendance and
10 assigned duty. This expense shall be borne by the State upon
11 presentation of proof of services.
12 § 2163. Organization.
13 Annually the Constable Education Board shall elect a chairman
14 and other officers of the board, who shall hold office at the
15 pleasure of the board. The board shall act only with the
16 concurrence of a majority of its members.
17 § 2164. Staff.
18 The Administrative Office shall serve as the administrative
19 officer of the board and shall provide such staff assistance as
20 the Constable Education Board may require.
21 § 2165. Powers and duties.
22 The Constable Education Board shall exercise the powers and
23 perform the duties vested in and imposed upon the board by
24 Subchapter C of Chapter 29 (relating to constables) and any
25 other powers and duties vested in and imposed upon the board by
26 law.
27 Section 4. Subchapter C of Chapter 29 of Title 42 is
28 repealed and a subchapter is added to read:
29 CHAPTER 29
30 OFFICERS SERVING PROCESS AND ENFORCING ORDERS
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1 * * *
2 SUBCHAPTER C
3 CONSTABLES
4 Sec.
5 2941. Election.
6 2942. Qualifications for office.
7 2943. Vacancies.
8 2944. Compatible and incompatible offices and activities.
9 2945. Education and training.
10 2946. Deputy constables.
11 2947. Bonds.
12 ADMINISTRATIVE AND FINANCIAL MATTERS
13 2951. Local administrator.
14 2952. Priority of constable business.
15 2953. Records.
16 2954. Registration and identification cards.
17 2955. Uniforms.
18 2956. Compensation and expenses generally.
19 2957. Specific fees.
20 2958. Assessment of fees in certain criminal cases resulting
21 in discharge of the defendant.
22 2959. Educational fee assessment.
23 2960. Reimbursement for certain mileage and fees.
24 2961. Distribution of process outside the judicial district.
25 POWERS AND DUTIES
26 2965. Service of process.
27 2966. Police powers in certain municipalities.
28 2967. Transportation of prisoners and mental patients.
29 2968. Protection of district justice.
30 2969. Election day powers.
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1 2970. Acceptance of security.
2 2971. Unlawful acts relative to constables.
3 2972. Recovery of certain vehicle registration cards and plates
4 and licenses.
5 2973. Power to carry and use a firearm.
6 § 2941. Election.
7 The qualified voters of each ward in cities of the second and
8 third classes and of each ward of every borough which is divided
9 into wards shall elect a properly qualified person for constable
10 in each of the wards to serve for a term of six years. The
11 qualified voters of every township and of every borough which is
12 not divided into wards shall elect two properly qualified
13 persons for constables to serve at large for terms of six years.
14 § 2942. Qualifications for office.
15 (a) General requirements.--Each candidate for the office of
16 constable shall be at least 18 years of age and shall be a
17 resident of the ward or township for which he is elected.
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 the examination shall be set by
21 the Constable Education Board. Constables with six years of
22 active service as of the effective date of this subchapter shall
23 be exempt from the provisions of this subsection.
24 § 2943. Vacancies.
25 (a) Disqualification and removal from office.--
26 (1) Any person convicted of a felony or misdemeanor
27 shall be disqualified from seeking or holding the office of
28 constable.
29 (2) Any constable convicted of a felony or misdemeanor
30 while in office shall be suspended from his duties upon
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1 initial conviction. After all appeals are finally exhausted,
2 the suspension shall result in immediate removal from office
3 if the conviction stands and the resulting vacancy shall be
4 filled pursuant to subsection (b). If the constable is
5 acquitted, the suspension shall be lifted.
6 (3) Any constable may be removed from office by a
7 Constables' Trial Board upon a finding by the trial board
8 that the constable was incompetent or negligent in the
9 performance of his duties. The trial board may be convened by
10 the president judge of the judicial district containing the
11 county of residence of the accused constable and shall
12 consist of three members: the president judge, who shall act
13 as chairman, and two constables from the county of residence
14 of the accused constable who are appointed by the president
15 judge.
16 (b) Filling of vacancies.--If the office of constable
17 becomes vacant for any reason, the president judge of the
18 judicial district in which the vacancy exists shall appoint a
19 qualified person to fill the vacancy giving first consideration
20 to the deputy constables in the ward or township. The person so
21 appointed shall hold office until the first Monday in January
22 after the municipal election occurring more than 60 days after
23 the vacancy first occurs, at which election an eligible person
24 shall be elected for the unexpired term.
25 § 2944. Compatible and incompatible offices and activities.
26 (a) Compatible activities.--Nothing in this title or any
27 other statute shall be construed to prohibit a constable as a
28 private citizen from engaging in the following activities if he
29 so elects:
30 (1) School security duties.
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1 (2) Municipal security duties, including supplementing
2 local police when needed.
3 (3) Traffic duty at special events.
4 (b) Incompatible offices and activities.--The following
5 offices and activities are incompatible with the office of
6 constable:
7 (1) District attorney.
8 (2) Assistant district attorney.
9 (3) County treasurer.
10 (4) Any compensated election officer.
11 (5) Any compensated officer of a political party.
12 (6) Private detective.
13 (7) Police officer except as provided in section 2966
14 (relating to police powers in certain municipalities).
15 (8) Any other position in the unified judicial system.
16 (9) Private collection agent.
17 (10) Bail bondsman.
18 § 2945. Education and training.
19 (a) Course of instruction.--Constables shall complete a
20 course of training and instruction in the duties of their office
21 as prescribed by the Constable Education Board and shall
22 successfully pass an examination prior to assuming the duties of
23 office if elected or within six months after being elected or
24 upon taking office pursuant to an appointment to fill a vacancy;
25 however, constables with six years of active service as of the
26 effective date of this subchapter shall be exempt from this
27 requirement. The education board shall make the course of
28 instruction available at times determined by it, so as to insure
29 that any constable to be elected or appointed may qualify to
30 assume office as soon as possible. The board shall conduct the
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1 course at such times, at such places and in such manner as it
2 shall prescribe. In addition to those required by this section
3 to complete the course of training and instruction and
4 successfully pass an examination, any interested person may
5 apply to the education board to be enrolled in the course of
6 instruction and take the examination, subject to rules and
7 regulations as the Administrative Office with the approval of
8 the board may determine which shall include, but not be limited
9 to, a reasonable fee for the instruction or examination which
10 shall be reimbursed by the board if the person is elected or
11 appointed to the office of constable within a year of successful
12 completion of the course.
13 (b) Rules and regulations.--The Administrative Office shall,
14 with the approval of the board and with the advice of the
15 several local constables' associations, have the power to
16 promulgate rules and regulations necessary to carry out its
17 duties under this title.
18 (c) Completion of course.--Upon the successful completion of
19 the course of training and instruction and examination, the
20 Administrative Office shall issue a certificate in the form
21 prescribed by the board, certifying that the person is qualified
22 to perform his duties as required by this title. The certificate
23 shall be filed in the office of the prothonotary of the county
24 in which the constable resides. In the event that an elected or
25 appointed constable fails to obtain and file the certificate in
26 the proper prothonotary's office within six months after his
27 election or appointment, the office of constable shall be
28 vacant, and the vacancy shall be filled as provided in section
29 2943 (relating to vacancies).
30 (d) Firearms training.--
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1 (1) Constables shall complete a course of training and
2 instruction in the use of firearms as prescribed by the board
3 and shall successfully pass an examination within one year
4 after the election or appointment in order to carry or use a
5 firearm in the performance of their duties. The constable may
6 carry and use a firearm during the one-year period while
7 involved in the course of instruction upon receipt of written
8 approval of the president judge of his or her judicial
9 district.
10 (2) The education board may waive these requirements or
11 any portion thereof upon the demonstration by the constable
12 that he has taken and successfully completed a comparable
13 training program.
14 (3) The education board may, by regulation, require
15 periodic retraining in the use of firearms.
16 (e) Cost.--The cost of training and instruction and all
17 other education programs and examinations required by this
18 section shall be paid by the Commonwealth.
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 with proof of need. The constable
23 may appoint the deputies with the approval of the president
24 judge.
25 (b) Qualifications.--A deputy constable shall be subject to
26 the same standards required of an elected constable and shall
27 present evidence of having met those requirements prior to
28 receiving his commission. A deputy so appointed shall be the
29 agent of the constable and shall be regulated and supervised by
30 the constable and removed by him for just cause.
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1 (c) Powers and duties.--A deputy constable shall have the
2 same powers and duties as a constable except that the deputy may
3 not appoint another deputy. He may exercise the powers
4 authorized in section 2966 (relating to police powers in certain
5 municipalities).
6 (d) Special deputy constables for election.--Notwithstanding
7 the limitations imposed by this section on the appointment of
8 deputies, an elected constable may appoint without court
9 approval one special deputy constable per precinct to perform
10 appropriate duties at the polls on election day. Such special
11 deputies powers shall only extend to those powers granted
12 constables generally regarding elections and their appointment
13 shall expire at the completion of the counting of the votes.
14 Special deputy constables for election day duty shall not be
15 subject to the training requirements provided for in section
16 2945 (relating to education and training).
17 § 2947. Bonds.
18 Each constable shall give bond to the Commonwealth with a
19 surety approved by the education board in an amount as is in
20 effect locally on the effective date of this subchapter. The
21 bond shall be filed with the local clerk of court and shall be
22 conditioned on the just and faithful discharge by the constable
23 or the deputies of their office. The bond shall be held in trust
24 for the use and benefit of all persons who may sustain injury
25 from the constable or deputies in their official capacity by
26 reason of neglect of duty. The cost of the bond shall be paid by
27 the county of residence of the constable.
28 ADMINISTRATIVE AND FINANCIAL MATTERS
29 § 2951. Local administrator.
30 The president judge of each judicial district may appoint or
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1 direct a suitable person, who must be a constable or deputy
2 constable, to serve as local administrator of the constable
3 system within the judicial district.
4 § 2952. Priority of constable business.
5 A constable shall devote the time necessary for prompt and
6 proper disposition of the business of his office, which should
7 be given priority over any other occupation, business,
8 profession, pursuit or activity.
9 § 2953. Records.
10 Each constable shall maintain accurate records regarding all
11 the functions performed by him. The records shall be open for
12 inspection by the Constable Administrator and the president
13 judge and the local administrator of the judicial district and
14 as otherwise provided by law. The Constable Education Board
15 shall issue rules prescribing the type and manner of records to
16 be kept.
17 § 2954. Registration and identification cards.
18 Each constable and deputy constable shall be registered and
19 issued an identification card by the Constable Administrator.
20 § 2955. Uniforms.
21 A constable may wear a uniform when engaged in the duties of
22 his office. The education board shall prescribe the
23 specifications for the standardized constable uniform.
24 § 2956. Compensation and expenses generally.
25 (a) Compensation of constables.--Constables shall be
26 compensated for their services and expenses by the payment of
27 fees authorized pursuant to this section and section 2957
28 (relating to specific fees).
29 (b) Compensation of deputy constables.--Deputy constables
30 shall be compensated for their services in the same amount as
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1 elected constables.
2 (c) Form of payment.--Constables are authorized to accept
3 cash, check or money order in payment for their services on not
4 less than a semimonthly basis. A receipt shall be provided for
5 any payment received.
6 (d) Additional hourly compensation.--In addition to the fees
7 authorized by section 2957 for specific services, the Constable
8 Administrator may promulgate rules authorizing payment to
9 constables at an hourly rate for designated services and
10 functions not otherwise covered but otherwise provided for in
11 this title.
12 (e) Payment for travel.--
13 (1) Constables shall be reimbursed a minimum of $3 for
14 mileage or for actual mileage traveled at the rate of 30¢ per
15 mile, whichever is greater. Actual mileage traveled shall be
16 computed using the issuing authority's office as the starting
17 point and computing the distance from said office to the
18 first stop made by the constable and by adding the distance
19 from the first stop to the second stop and so forth to all
20 subsequent stops. The ending point shall be the issuing
21 authority's office.
22 (2) Constables shall be compensated for other travel
23 expenses not to exceed accountable expenses if travel is by
24 other than motor vehicle.
25 (f) Multiple service of process.--In criminal and civil
26 cases when multiple processes are served, a constable shall be
27 paid for each process served even though service may be
28 performed at one time. The constable shall be paid only one
29 mileage or expense fee, except in those instances when multiple
30 trips are required and approved.
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1 (g) Services performed by more than one constable.--When a
2 service is performed by more than one constable or deputy
3 constable under authorization of the president judge or the
4 local administrator, compensation shall be payable as provided
5 in section 2957.
6 (h) Service of process by mail.--No process shall be served
7 by mail except for summary offenses committed under Title 75
8 (relating to vehicles) in which cases the costs of postage shall
9 be imposed upon the party instituting the proceedings.
10 (i) Payment for services performed.--A constable shall be
11 compensated according to the fees provided in this subchapter by
12 the court within 30 days from the time the court has received
13 payment for the services performed. If the court suspends the
14 fee for the service performed by the constable, and in cases
15 where the fee is not collected within 90 days of the service,
16 the fee shall be paid by the county. In cases where moneys
17 received by the court or the clerk of court are fines
18 attributable to restitution and costs pursuant to a periodic
19 payment plan, the costs for services performed by the constable
20 shall be accounted for before other costs, fines or restitution.
21 § 2957. Specific fees.
22 The fees to be charged and received by constables shall be as
23 follows:
24 (1) For executing warrant or writ on behalf of the
25 Commonwealth or political subdivision thereof:
26 (i) Summary offense, $10 plus 30¢ per mile.
27 (ii) Misdemeanor, $15, plus 30¢ per mile.
28 (iii) Felony, $25 plus 30¢ per mile.
29 (2) For serving subpoenas to appear in trial or hearing
30 proceedings:
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1 (i) First witness, $10 plus 30¢ per mile.
2 (ii) Each additional witness, $5 plus 30¢ per mile.
3 (3) For conveying defendants to district magistrate for
4 purpose of bail or hearing:
5 (i) Summary offense, $10 plus 30¢ per mile.
6 (ii) Misdemeanor, $15 plus 30¢ per mile.
7 (iii) Felony, $25 plus 30¢ per mile.
8 (4) For conveying defendants to jail on commitment by
9 district magistrate:
10 (i) Summary offense, $10 plus 30¢ per mile.
11 (ii) Misdemeanor, $15 plus 30¢ per mile.
12 (iii) Felony, $25 plus 30¢ per mile.
13 (5) For conveying defendant to any jail or to lock-up
14 for holding purposes upon the availability of issuing
15 authority, the sum of $10, plus 30¢ per mile.
16 (6) For conveying defendant to jail on bench warrant or
17 probation commitment issued by clerk of courts or probation
18 officer, the sum of $25, plus 30¢ per mile.
19 (7) For conveying defendant from another county to
20 issuing authority for purpose of hearing, arraignment, or for
21 bail, the sum of $60, plus 30¢ per mile.
22 (8) For executing release of defendant after
23 arrest/arraignment either by bail or other release:
24 (i) Summary offense, $10 plus 30¢ per mile.
25 (ii) Misdemeanor, $15 plus 30¢ per mile.
26 (iii) Felony, $25 plus 30¢ per mile.
27 (9) Where defendant having been arrested on summary
28 warrant deposits with constable the sum of fine and costs or
29 the amount of bail requested for hearing, the sum of $5 plus
30 warrant costs and 30¢ per mile.
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1 (10) For appearance at hearing on all cases and for any
2 other waiting time, the sum of $7.50 per hour, or fraction
3 thereof: minimum of one hour.
4 (11) For executing search warrant and return, the sum of
5 $10.
6 (12) For appearance in court when subpoenaed, the sum of
7 $60 per day.
8 (13) For services of deputy or assisting officer, that
9 is, two constables when necessary for arrest or transport
10 services of defendant of opposite sex, or misdemeanor or
11 felony charge, each constable shall be paid the fee permitted
12 under this subchapter. One mileage fee only may be charged.
13 (14) For executing release from jail for hearing
14 purpose:
15 (i) Summary offense, $10 plus 30¢ per mile.
16 (ii) Misdemeanor, $15 plus 30¢ per mile.
17 (iii) Felony, $25 plus 30¢ per mile.
18 (15) For miscellaneous costs in criminal cases:
19 (i) For recovery or seizure of suspended
20 registration plate or plates and registration card or
21 cards, the sum of $10, plus 30¢ per mile.
22 (ii) For conveying defendant from one magisterial
23 district to an issuing authority in another district for
24 purpose of hearing or bail within the same county, the
25 sum of $20, plus 30¢ per mile.
26 (iii) For arrests made on view, of persons guilty of
27 breach of peace, riotous or misconduct, public
28 drunkenness or any unlawful act tending to imperil the
29 personal security or endanger the property of others or
30 violating any ordinance of any borough or township or
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1 political subdivision, for offenses against the laws of
2 this Commonwealth and bring such offender before an
3 issuing authority within the same district.
4 (A) Summary offense, $10 plus 30¢ per mile.
5 (B) Misdemeanor, $15 plus 30¢ per mile.
6 (C) Felony, $25 plus 30¢ per mile.
7 (iv) For making return of no service or not found on
8 any process received, the sum of $5 plus 30¢ per mile,
9 after verification of sworn statement by constable.
10 (16) For miscellaneous costs in civil cases:
11 (i) For serving process on trespass and assumpsit
12 suit:
13 (A) First defendant, $10.
14 (B) Second defendant and each thereafter, at the
15 same address, $5 plus 30¢ per mile.
16 (ii) For any return of service not found in civil
17 suits, due to bad address, defendant moving or any cause,
18 constable shall be paid original advanced costs charged.
19 (iii) For service or subpoenas in civil cases either
20 defendant or prosecution:
21 (A) First subpoena, $10 plus 30¢ per mile.
22 (B) Each thereafter, $5 plus 30¢ per mile.
23 (iv) For service of landlord and tenant proceedings:
24 (A) First defendant, $10 plus 30¢ per mile.
25 (B) Each thereafter, $5 plus 30¢ per mile.
26 (v) For service of order of execution, the sum of
27 $10 plus 30¢ per mile for each address.
28 (vi) For levying on goods, including schedule at
29 property levied and set aside, each address, the sum of
30 $25.
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1 (vii) For posting notice of levy and sale, the sum
2 of $5 per notice, limit three per address.
3 (viii) For advertising sale of personal property of
4 defendant in any news media, the sum of $5 plus
5 advertising costs.
6 (ix) For clerk at time of sale, the sum of $15.
7 (x) For holding sale, the sum of $30 or 3% whichever
8 is greater, plus 30¢ per mile.
9 (xi) For receiving and paying over moneys on
10 execution, $50, including bill of sale.
11 (xii) For receiving moneys from defendant in lieu of
12 sale, the sum of $10 plus amount at judgment and original
13 costs pertaining to sale.
14 (xiii) For service on order of possession, the sum
15 of $15 plus 30¢ per mile.
16 (xiv) For turning over property to landlord without
17 forcible ejectment, the sum of $10 plus 30¢ per mile.
18 (xv) For forcible ejectment on order of possession,
19 the sum of $50 plus 30¢ per mile.
20 (xvi) For removing all personal property on order of
21 possession, the sum of $30 per room, and the sum of $90
22 minimum if the manpower is supplied by evicting officer.
23 (xvii) For appraising property where exemption is
24 claimed by defendant, the sum of $10 for traveling
25 expense in the service of any process or duty performed
26 by constable, he shall be compensated at the rate of 30¢
27 per mile computed by the route most frequently traveled
28 in going from point and places where constable may reside
29 or where he or she receives any paper or process to be
30 executed to the points and places required to be
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1 traveled. A minimum fee of $3 may be charged and allowed
2 for mileage except in first class cities.
3 (xviii) For services not provided for in this
4 section, the same fee may be charged for similar
5 services.
6 § 2958. Assessment of fees in certain criminal cases resulting
7 in discharge of the defendant.
8 In all criminal cases where the defendant is discharged upon
9 dismissal of criminal complaint, information or indictment for
10 lack of prosecution, or for the failure by the Commonwealth to
11 make out a prima facie case, or where the criminal complaint,
12 information or indictment is dismissed upon motion by the
13 Commonwealth for a nolle prosequi, the court shall assess the
14 costs of the constable's fees to the governmental unit which
15 employs the affiant in the case of a police initiated
16 prosecution, or upon the affiant in the case of a private
17 prosecution, if the defendant is discharged prior to the filing
18 of an information or indictment. In cases where the defendant is
19 discharged for any of the stated reasons after the filing of an
20 information or indictment, the court shall assess the costs to
21 the county.
22 § 2959. Educational fee assessment.
23 An additional $1 fee shall be charged to all persons on whom
24 a process is successfully served, unless acquitted, which fee
25 shall be transmitted to the Constable Education Board. This fee
26 shall not be suspended.
27 § 2960. Reimbursement for certain mileage and fees.
28 Notwithstanding any provision of this title or any other law
29 to the contrary, a constable may be reimbursed for mileage and
30 fees at the rates provided in this subchapter upon a showing
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1 that the constable traveled to the residence or place of
2 business of the person who is the object of the warrant or
3 process and found that he was not present. Satisfactory evidence
4 of the attempted service shall consist of a statement signed by
5 another person, or an affidavit executed by the constable, that
6 the constable in fact attempted to serve the process but that
7 the person who was to be served was not there.
8 § 2961. Distribution of process outside the judicial district.
9 A district judge may transfer the service of process for
10 persons or entities residing in another judicial district to the
11 appropriate local district justice in that judicial district, or
12 in the absence of local district justice, to the judicial
13 district for service. In the case of process transferred for
14 service in the first judicial district, the district justice
15 would transfer the process to the president judge of the traffic
16 court for distribution for service.
17 POWERS AND DUTIES
18 § 2965. Service of process.
19 (a) General power.--A constable is authorized to serve and
20 execute any lawful process issued by a district justice or any
21 other lawful, civil, criminal or administrative process.
22 (b) Supreme Court to prescribe rules.--The Supreme Court
23 shall prescribe general rules relating to the service of process
24 issued by the courts of common pleas and district justices.
25 (c) Civil and administrative process.--A constable is
26 authorized to serve civil and administrative process anywhere in
27 this Commonwealth whether or not the process emanates from his
28 own judicial district.
29 (d) Criminal process.--A constable is authorized to serve
30 criminal process anywhere in this Commonwealth when the process
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1 is issued from his judicial district. A constable is authorized
2 to serve any criminal process within his judicial district no
3 matter where the process was originally issued.
4 § 2966. Police powers in certain municipalities.
5 (a) General rule.--Any municipality that has no organized
6 municipal police force may formally appoint as a police officer
7 the appropriate constable or constables as otherwise provided by
8 law. When a constable is acting pursuant to this appointment, he
9 shall have all the powers and be subject to the same restraints
10 as a policeman would have in the municipality if it had an
11 organized police force. All constables may sign criminal
12 complaints on behalf of police officers on information received.
13 (b) Certification required.--No constable shall perform
14 police duties pursuant to this section unless the constable has
15 been certified by the education board pursuant to Subchapter G
16 of Chapter 21 (relating to Constable Education Board).
17 § 2967. Transportation of prisoners and mental patients.
18 Constables shall have the authority when directed by a
19 district justice or a court to transport prisoners and mental
20 patients. Any constable directed to transport prisoners or
21 mental patients shall be authorized to secure the assistance of
22 another constable to aid him. Constables rendering the
23 assistance shall be paid at a rate equal to the constable to
24 whom the assistance is rendered.
25 § 2968. Protection of district justice.
26 The elected constable for the municipality, or subdivision
27 thereof, in which a district justice sits shall provide personal
28 protection to the district justice while the district justice is
29 performing his duties. The constable shall be compensated at the
30 rate specified for waiting time under this subchapter. This fee
19830H1219B1424 - 21 -
1 shall be paid by the county in which the district justice sits.
2 § 2969. Election day powers.
3 A constable shall have the duty, obligation and authority to
4 be present at the polling place in each election district of the
5 borough, township or ward at each primary and election during
6 the continuance thereof, and while the votes are being counted,
7 for the purpose of preserving the peace, and shall serve at all
8 elections for which services the constable shall receive the
9 same compensation payable to inspectors and clerks as provided
10 for by the act of June 3, 1937 (P.L.1333, No.320), known as the
11 Pennsylvania Election Code, which shall be paid by the county.
12 No constable, whether in uniform or in citizens clothes, shall
13 be within 100 feet of the polling place during the conduct of
14 any primary or election, unless in the exercise of his privilege
15 of voting, for the purpose of serving warrants or unless called
16 upon to preserve the peace. In no event may any constable
17 unlawfully use or practice any intimidation, threats, force or
18 violence nor in any manner, unduly influence any elector or
19 prevent him from voting or restrain his freedom of choice nor
20 may any constable electioneer or directly or indirectly attempt
21 to influence the election or electors while on duty at the
22 election polls.
23 § 2970. Acceptance of security.
24 A constable is authorized to accept security for a
25 defendant's appearance before a district judge in summary cases.
26 § 2971. Unlawful acts relative to constables.
27 A person commits a misdemeanor of the third degree and shall
28 be subject to arrest on view by a constable or other authorized
29 peace officer if he:
30 (1) Knowingly, willfully and forcibly obstructs, resists
19830H1219B1424 - 22 -
1 or opposes any constable:
2 (i) in serving or attempting to serve or execute any
3 legal process or order; or
4 (ii) in making a lawful arrest with or without a
5 warrant.
6 (2) Assaults any constable:
7 (i) while serving or executing any legal process or
8 order; or
9 (ii) because of having served or executed any legal
10 process or order.
11 (3) Rescues another in legal custody.
12 § 2972. Recovery of certain vehicle registration cards and
13 plates and licenses.
14 A constable shall have the power and duty to recover expired,
15 suspended or revoked vehicle registrations cards and plates and
16 licenses for the Department of Transportation. The department
17 shall notify in writing the appropriate district constable to
18 recover all suspended or revoked vehicle registration cards and
19 plates and licenses. This fee shall be paid by the department.
20 § 2973. Power to carry and use a firearm.
21 A constable shall have the power to carry and use a firearm
22 in the performance of his duties upon the successful completion
23 of the training requirements as set forth in this chapter, or
24 upon being exempted from the training requirements as authorized
25 by this subchapter.
26 Section 5. The definition of "emergency vehicle" in section
27 102 of Title 75 is amended to read:
28 § 102. Definitions.
29 Subject to additional definitions contained in subsequent
30 provisions of this title which are applicable to specific
19830H1219B1424 - 23 -
1 provisions of this title, the following words and phrases when
2 used in this title shall have, unless the context clearly
3 indicates otherwise, the meanings given to them in this section:
4 * * *
5 "Emergency vehicle." A fire department vehicle, police
6 vehicle, ambulance, blood-delivery vehicle, armed forces
7 emergency vehicle, one vehicle operated by a coroner or chief
8 county medical examiner and one vehicle operated by a chief
9 deputy coroner or deputy chief county medical examiner used for
10 answering emergency calls, one private vehicle of a fire or
11 police chief or assistant chief or, when a fire company has
12 three or more fire vehicles, a second assistant chief, or fire
13 police captain and fire police lieutenant or ambulance corps
14 commander or assistant commander or of a river rescue commander
15 or emergency management coordinator or fire marshal used for
16 answering emergency calls, a constable's vehicle used in the
17 performance of law enforcement duties or other vehicle
18 designated by the State Police under section 6106 (relating to
19 designation of emergency vehicles by Pennsylvania State Police).
20 * * *
21 Section 6. The following acts or parts of acts are repealed:
22 Section 6 of the act of March 1, 1799 (3 Sm.L.354, No.2012),
23 entitled "A supplement to the act, entitled 'An Act to extend
24 the powers of the Justices of the Peace of this state.'"
25 Sections 12 and 19 of the act of March 20, 1810 (P.L.208,
26 No.132), entitled "An Act to amend and consolidate with its
27 Supplements, the Act entitled 'An Act for the recovery of debts
28 and demands, not exceeding one hundred dollars, before a Justice
29 of the Peace, and for the election of Constables, and for other
30 purposes.'"
19830H1219B1424 - 24 -
1 Act of January 21, 1814 (P.L.28, No.9), entitled "An Act
2 allowing compensation to constables for attending the several
3 courts within this commonwealth."
4 Sections 107, 108, 109, 110, 111, 112, 113, 114 and 116 of
5 the act of April 15, 1834 (P.L.537, No.247), entitled "An act
6 relating to counties and townships, and county and township
7 officers."
8 Section 14 of the act of May 27, 1841 (P.L.400, No.141),
9 entitled "An act relating to the Election of County Treasurers,
10 and for other purposes."
11 Section 19 of the act of April 22, 1850 (P.L.549, No.342),
12 entitled "A supplement to an act, entitled 'An Act to prevent
13 waste in certain cases within this commonwealth,' passed the
14 twenty-ninth day of March, one thousand eight hundred and
15 twenty-two: to land and building associations; giving the court
16 of Susquehanna county jurisdiction in a certain case; relative
17 to the service of process in certain cases; to party walls in
18 West Philadelphia; to the proof of a certain will; to the sale
19 and purchase of certain burial grounds in Philadelphia; to the
20 laying of gas pipes in the district of Moyamensing; to the
21 release of certain sureties in Erie county; to the State Lunatic
22 hospital; relative to the service of process against sheriffs;
23 to the rights of married women; to ground rents; and relating to
24 foreign insurance companies."
25 Act of February 14, 1889 (P.L.6, No.5), entitled "An act to
26 authorize the election of constables for three years."
27 Act of May 4, 1889 (P.L.83, No.79), entitled "An act to
28 authorize the election of constables for three years in cities
29 of the second and third class."
30 Act of June 26, 1895 (P.L.375, No.266), entitled "An act to
19830H1219B1424 - 25 -
1 amend an act, entitled 'An act to authorize the election of
2 constables for three years,' approved the fourteenth day of
3 February, Anno Domini one thousand eight hundred and eighty-
4 nine, by providing for the election of a high constable in each
5 of the boroughs of this Commonwealth for three years, and by
6 correcting the ambiguity as to the beginning of the terms of
7 office under said act."
8 Act of February 17, 1899 (P.L.3, No.1), entitled "An act to
9 fix, regulate and establish the fees to be charged and received
10 by constables in this Commonwealth."
11 Act of May 2, 1901 (P.L.131, No.98), entitled "An act to fix,
12 regulate and establish the fees to be charged and received by
13 constables in this Commonwealth for executing an order of relief
14 of a pauper."
15 Act of April 25, 1905 (P.L.309, No.214), entitled "An act
16 authorizing policemen to hold and exercise the office of
17 constables."
18 Act of April 23, 1909 (P.L.151, No.104), entitled "An act
19 fixing the fees to be received by constables in this
20 Commonwealth."
21 Act of June 9, 1911 (P.L.727, No.299), entitled "An act
22 authorizing the election in first class townships of an
23 additional constable, and fixing his term."
24 Act of June 19, 1913 (P.L.534, No.342), entitled "An act
25 relating to appointment of deputy constables."
26 Act of July 20, 1917 (P.L.1158, No.401), entitled "An act to
27 fix, regulate, and establish the fees to be charged and received
28 by constables in this Commonwealth."
29 Act of May 31, 1919 (P.L.357, No.171), entitled "An act
30 relating to the duties of constables in certain counties;
19830H1219B1424 - 26 -
1 prohibiting them from making returns to the court of quarter
2 sessions in certain cases; authorizing the court to direct
3 investigations and reports by constables, and fixing their
4 compensation in such cases."
5 Act of April 6, 1925 (P.L.155, No.113), entitled "An act
6 providing constables' fees for service of writs in juvenile
7 cases."
8 Act of March 20, 1929 (P.L.32, No.32), entitled "An act
9 providing for the filling of vacancies in the office of
10 constable in any borough, town, ward of any city, borough, or
11 town or township of this Commonwealth."
12 Act of February 28, 1933 (P.L.5, No.3), entitled "An act
13 relating to constables' returns to the court of quarter
14 sessions."
15 Act of May 26, 1943 (P.L.637, No.280), entitled "An act
16 providing that the terms of constables hereafter elected in
17 cities of the second, second class A and third classes, boroughs
18 and townships, shall be for six years."
19 Section 7. This act shall take effect in 30 days.
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