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