PRINTER'S NO. 1754
No. 1432 Session of 1985
INTRODUCED BY FREIND, O'BRIEN, CHADWICK, RAYMOND, HALUSKA,
GREENWOOD, JOHNSON, SEMMEL, COY, GODSHALL, FLICK,
J. L. WRIGHT, BUNT, SCHEETZ, KOSINSKI, ARTY, STABACK, TELEK,
GLADECK, DISTLER, MAIALE, GEIST, NAHILL, O'DONNELL, MERRY,
CIMINI, PITTS, LANGTRY, F. E. TAYLOR, OLASZ, AFFLERBACH AND
FISCHER, JUNE 17, 1985
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 17, 1985
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, extending direct criminal
3 contempt of court powers to district justices and judges of
4 the Traffic Court of Philadelphia.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding sections to read:
9 § 4137. Contempt powers of district justices.
10 (a) General rule.--Except as provided in subsection (b),
11 district justices shall have the power to inflict summary
12 punishments for contempts of court in the case of the
13 misbehavior of any person in the presence of the court, thereby
14 obstructing the administration of justice.
15 (b) Stay of contempt conviction.--Any punishment imposed by
16 a district justice for contempt under subsection (a) shall be
17 stayed for a period of ten days from the date of imposition of
1 the punishment to allow the offender to appeal to the court of
2 common pleas of the judicial district, or until disposition of
3 the appeal, whichever is later.
4 (c) Punishment.--Except as otherwise provided in this title
5 or by statute later enacted, punishment for a contempt specified
6 in subsection (a) may be by fine not exceeding $100 or by
7 imprisonment not exceeding ten days in the jail of the county
8 where the district justice is sitting, or both, in the
9 discretion of the district justice.
10 § 4138. Contempt powers of judges of Traffic Court of
11 Philadelphia.
12 (a) General rule.--Except as provided in subsection (b),
13 judges of the Traffic Court of Philadelphia shall have the power
14 to inflict summary punishments for contempts of court in the
15 case of the misbehavior of any person in the presence of the
16 court, thereby obstructing the administration of justice.
17 (b) Stay of contempt conviction.--Any punishment imposed by
18 a judge of the Traffic Court of Philadelphia for contempt under
19 subsection (a) shall be stayed for a period of ten days from the
20 date of imposition of the punishment to allow the offender to
21 appeal to the court of common pleas of the judicial district, or
22 until disposition of the appeal, whichever is later.
23 (c) Punishment.--Except as otherwise provided in this title
24 or by statute later enacted, punishment for a contempt specified
25 in subsection (a) may be by fine not exceeding $100 or by
26 imprisonment not exceeding ten days in the jail of the county
27 where the judge is sitting, or both, in the discretion of the
28 judge.
29 Section 2. This act shall take effect in 60 days.
B28L42WMB/19850H1432B1754 - 2 -