HOUSE AMENDED
        PRIOR PRINTER'S NO. 865                      PRINTER'S NO.  2145

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 750 Session of 1983


        INTRODUCED BY ZEMPRELLI, FISHER, SCANLON, LLOYD, ROSS AND
           SINGEL, MAY 12, 1983

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 20, 1984

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for THE          <--
     3     TEMPORARY ASSIGNMENT OF PHILADELPHIA MUNICIPAL COURT JUDGES,
     4     FOR PAYMENT BY THE COMMONWEALTH OF THE COSTS AND EXPENSES
     5     INCURRED IN TRIALS RESULTING FROM MULTICOUNTY INVESTIGATING
     6     GRAND JURY INDICTMENTS AND FOR interpreters for certain deaf
     7     persons in civil proceedings; FURTHER PROVIDING FOR BUDGETS;   <--
     8     FURTHER PROVIDING FOR REIMBURSEMENT FOR CERTAIN COSTS;
     9     PRECLUDING A DEFENSE IN ACTIONS FOR SUPPORT; PRECLUDING
    10     ACTIONS FOR WRONGFUL BIRTH AND WRONGFUL LIFE; AND PRECLUDING
    11     A DEFENSE AGAINST CLAIMS FOR INJURIES SUSTAINED IN UTERO.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  SECTION 3521 OF Title 42 of the Pennsylvania       <--
    15  Consolidated Statutes is amended by adding a section SUBSECTION   <--
    16  to read:
    17  § 3521.  DEVELOPMENT OF BUDGET INFORMATION.                       <--
    18     * * *
    19     (B.1)  INTERNAL CONTROLS.--THE ADMINISTRATIVE OFFICE SHALL
    20  DEVELOP AND IMPLEMENT PROCEDURES TO INSURE THAT BUDGET REQUESTS
    21  RELATING TO CHAMBER FACILITIES FOR JUDGES AND THEIR PERSONAL

     1  STAFF ARE REASONABLE. THE ADMINISTRATIVE OFFICE SHALL ESTABLISH
     2  CRITERIA TO DEFINE THE REASONABLE NEEDS OF JUDGES FOR
     3  FACILITIES.
     4     * * *
     5     SECTION 2.  TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
     6  § 3542.1.  LIMITATION ON REIMBURSEMENT.
     7     NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ANY OTHER LAW
     8  TO THE CONTRARY, THE AMOUNT OF MONEY AVAILABLE TO COUNTIES AS
     9  REIMBURSEMENT FOR COSTS INCURRED IN THE OPERATION OF COURTS
    10  SHALL BE LIMITED TO THE AMOUNT ANNUALLY APPROPRIATED BY THE
    11  GENERAL ASSEMBLY FOR COUNTY COURT ADMINISTRATION COST
    12  REIMBURSEMENT. FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT FOR
    13  OTHER PURPOSES SHALL NOT BE AVAILABLE TO PROVIDE ADDITIONAL
    14  MONEYS FOR COUNTY COURT ADMINISTRATION COST REIMBURSEMENT.
    15  § 4124.  ASSIGNMENT OF PHILADELPHIA MUNICIPAL COURT JUDGES.
    16     (A)  GENERAL RULE.--SUBJECT TO GENERAL RULES, ANY JUDGE MAY
    17  BE TEMPORARILY ASSIGNED TO ANOTHER COURT AND THERE MAY HEAR AND
    18  DETERMINE ANY MATTER WITH LIKE EFFECT AS IF DULY COMMISSIONED TO
    19  SIT IN THAT OTHER COURT.
    20     (B)  SENIOR JUDGES.--A SENIOR JUDGE WHO HAS NOT BEEN DEFEATED
    21  FOR REELECTION OR SUSPENDED OR REMOVED FROM OFFICE AND WHO HAS
    22  SERVED AN AGGREGATE OF FOUR YEARS AS AN ELECTED JUDGE MAY, WITH
    23  HIS CONSENT, BE ASSIGNED ON TEMPORARY JUDICIAL SERVICE PURSUANT
    24  TO SUBSECTION (A).
    25     SECTION 3.  SECTION 4553 OF TITLE 42 IS AMENDED TO READ:
    26  § 4553.  EXPENSES OF INVESTIGATING GRAND JURIES AND TRIALS
    27             RESULTING THEREFROM.
    28     (A)  COUNTY.--THE EXPENSES OF A COUNTY INVESTIGATING GRAND
    29  JURY SHALL BE BORNE BY THE COUNTY IN WHICH IT IS IMPANELED.
    30     (B)  MULTICOUNTY.--THE EXPENSES OF ANY MULTICOUNTY
    19830S0750B2145                  - 2 -

     1  INVESTIGATING GRAND JURY SHALL BE BORNE BY THE COMMONWEALTH. IN
     2  ADDITION, THE COSTS AND EXPENSES RESULTING FROM ANY TRIAL OF A
     3  PERSON AGAINST WHOM AN INDICTMENT IS RETURNED BY A MULTICOUNTY
     4  INVESTIGATING GRAND JURY SHALL BE BORNE BY THE COMMONWEALTH.
     5  COSTS AND EXPENSES UNDER THIS SUBSECTION INCLUDE, BUT ARE NOT
     6  LIMITED TO, THE COSTS INCURRED BY THE COUNTY FOR THE SERVICES OF
     7  THE COURTS, THE TRIAL JURY, THE SHERIFF, THE CLERK OF COURTS,
     8  THE COUNTY PRISON, THE DISTRICT ATTORNEY AND ANY PUBLIC DEFENDER
     9  APPOINTED BY THE COURT, AND RELATED COSTS AND EXPENSES INCURRED
    10  BY THE COUNTY IN THE COURSE OF THE TRIAL. COUNTIES SHALL BE
    11  REIMBURSED FROM THE GENERAL FUND OF THE COMMONWEALTH UPON
    12  APPLICATION TO THE STATE TREASURER THROUGH THE ADMINISTRATIVE
    13  OFFICE PURSUANT TO PROCEDURES PRESCRIBED BY THAT OFFICE.
    14     SECTION 4.  TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
    15  § 6714.  DEFENSE TO CLAIM OF DUTY OF SUPPORT BARRED.
    16     IT SHALL NOT BE A DEFENSE TO, OR FACTOR IN MITIGATION OF, ANY
    17  CLAIM FOR THE PAYMENT OF SUPPORT THAT THE PERSON ON WHOSE BEHALF
    18  THE SUPPORT IS CLAIMED FAILED OR REFUSED TO SUBMIT OR CONSENT TO
    19  AN ABORTION, OR COULD OR SHOULD HAVE BEEN ABORTED.
    20  § 7103.  Interpreters for the deaf.
    21     (a)  General rule.--In any civil proceeding in which a party
    22  is deaf the court may appoint an interpreter to assist the party
    23  throughout the trial proceedings. Disposition of costs shall be
    24  in discretion of the court.
    25     (b)  Oath.--The interpreter shall swear or affirm that he
    26  will make a true interpretation to the deaf person and that he
    27  will repeat the statements of the deaf person to the best of his
    28  ability.
    29     (c)  Definitions.--As used in this section the following
    30  words and phrases shall have the meanings given to them in this
    19830S0750B2145                  - 3 -

     1  subsection:
     2     "Deaf."  Persons who are deaf or whose hearing is so impaired
     3  that they are unable to understand or communicate the spoken
     4  English language.
     5     "Interpreter."  A person qualified and trained to translate
     6  for or communicate with deaf persons. Any person certified by
     7  the National or Local Registry of Interpreters for the Deaf or
     8  similar registry shall be considered qualified for the purposes
     9  of this section.
    10     SECTION 5.  TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:    <--
    11  § 8304.  ACTIONS FOR WRONGFUL BIRTH AND WRONGFUL LIFE.
    12     (A)  WRONGFUL BIRTH.--THERE SHALL BE NO CAUSE OF ACTION OR
    13  AWARD OF DAMAGES ON BEHALF OF ANY PERSON BASED ON A CLAIM THAT,
    14  BUT FOR AN ACT OR OMISSION OF THE DEFENDANT, A PERSON ONCE
    15  CONCEIVED WOULD OR SHOULD HAVE BEEN ABORTED.
    16     (B)  WRONGFUL LIFE.--THERE SHALL BE NO CAUSE OF ACTION ON
    17  BEHALF OF ANY PERSON BASED ON A CLAIM OF THAT PERSON THAT, BUT
    18  FOR AN ACT OR OMISSION OF THE DEFENDANT, THE PERSON WOULD NOT
    19  HAVE BEEN CONCEIVED OR, ONCE CONCEIVED, WOULD OR SHOULD HAVE
    20  BEEN ABORTED.
    21  § 8305.  DEFENSE AGAINST CLAIM FOR INJURY SUSTAINED IN UTERO
    22             BARRED.
    23     WHERE A PERSON HAS, BY REASON OF THE WRONGFUL ACT OR
    24  NEGLIGENCE OF ANOTHER, SUSTAINED INJURY WHILE IN UTERO, IT SHALL
    25  NOT BE A DEFENSE TO ANY ACTION BROUGHT TO RECOVER DAMAGES FOR
    26  THE INJURY, OR A FACTOR IN MITIGATION OF DAMAGES, THAT THE
    27  PERSON COULD OR SHOULD HAVE BEEN ABORTED.
    28     SECTION 6.  THE AMENDMENT AFFECTING SECTION 4553 SHALL BE
    29  RETROACTIVE TO MARCH 29, 1983.
    30     SECTION 7.  THE AMENDMENTS AFFECTING SECTIONS 6714, 8304 AND
    19830S0750B2145                  - 4 -

     1  8305 SHALL NOT APPLY TO ANY CASE IN WHICH A FINAL AWARD OF
     2  DAMAGES HAS BEEN MADE AND WITH REGARD TO WHICH THE TIME TO TAKE
     3  AN APPEAL HAS EXPIRED WITHOUT AN APPEAL BEING TAKEN.
     4     SECTION 8.  THE AMENDMENTS AFFECTING SECTIONS 6714, 8304 AND
     5  8305 SHALL HAVE RETROACTIVE EFFECT INCLUDING APPLICATION TO ANY
     6  CASE PENDING OR ON APPEAL.
     7     Section 2 9.  This act shall take effect immediately.          <--
















    D13L42WMB/19830S0750B2145        - 5 -