HOUSE AMENDED
PRIOR PRINTER'S NO. 296 PRINTER'S NO. 1236
No. 282 Session of 1985
INTRODUCED BY FISHER, O'PAKE, SHUMAKER, WILT, STAPLETON, STOUT,
ANDREZESKI, REIBMAN, STAUFFER, HESS, RHOADES, WENGER,
LINCOLN, MADIGAN, LEWIS, HOWARD, SHAFFER, KELLEY, BELL,
KRATZER, JONES AND SALVATORE, JANUARY 31, 1985
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 1985
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, INCREASING THE SALARIES <--
3 OF DISTRICT JUSTICES AND JUDGES OF THE PHILADELPHIA MUNICIPAL
4 COURT; AND providing for community public service programs
5 ordered by district justices.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED <--
9 STATUTES IS AMENDED BY ADDING SECTIONS TO READ:
10 § 1517. SALARY.
11 A DISTRICT JUSTICE SHALL RECEIVE AN ANNUAL SALARY PAYABLE BY
12 THE COMMONWEALTH AND COMPUTED BY ADDING TO $21,500 THE PRODUCT
13 OF THE POPULATION OF HIS MAGISTERIAL DISTRICT TIMES $1 BUT IN NO
14 EVENT SHALL THE SALARY EXCEED $33,000. FURTHERMORE, THE ANNUAL
15 SALARY FOR EACH MAGISTERIAL DISTRICT SHALL BE INCREASED FROM THE
16 SALARY LEVEL EXISTING PRIOR TO THIS ACT BY NO MORE THAN $6,000.
17 § 1518. PHILADELPHIA MUNICIPAL COURT.
1 THE PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT SHALL
2 RECEIVE AN ANNUAL SALARY OF $64,500. THE ANNUAL SALARY FOR THE
3 OTHER JUDGES OF THE PHILADELPHIA MUNICIPAL COURT SHALL BE
4 $63,000.
5 Section 1 2. Title 42 of the Pennsylvania Consolidated <--
6 Statutes is amended by adding a section to read:
7 § 1517 1519. Community public service program. <--
8 (a) General rule.--A district justice may, upon hearing the
9 facts of a case, admit to the adjudication alternative
10 authorized by this section persons charged with misdemeanors of <--
11 the third degree or summary offenses SUMMARY OFFENSES OR <--
12 MISDEMEANORS OF THE THIRD DEGREE within the jurisdiction of the
13 district justice. Where applicable, the defendant shall be
14 required to waive his rights to a speedy trial. The defendant
15 shall not be required to plead guilty to be accepted by the
16 district justice into the program.
17 (b) Public service programs.--A district justice may, in
18 lieu of making a disposition, authorize an offender to
19 participate in a program in which an agency or organization is
20 willing to assume supervision or placement responsibility for
21 such offenders. The program in general shall be approved by the
22 court of common pleas of that district and the district
23 attorney. This program may include work, counseling, public
24 service, job training, education or other appropriate community
25 service or self-improvement. The conditions of the program may
26 include the imposition of costs and restitution, the imposition
27 of a reasonable charge relating to the expense of administering
28 the program and any other conditions agreed to by the offender.
29 (c) Completion of program.--The district justice shall
30 dismiss the charges and shall relieve the person of the
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1 obligation to pay any fine or serve any sentence of
2 imprisonment, upon the successful completion of the program.
3 (d) Refusal to accept or complete program.--If the person
4 refuses to accept the conditions required by the district
5 justice or fails to complete the program without good cause or
6 violates any condition of the program without good cause, the
7 district justice shall proceed on the charges as provided by
8 law.
9 (e) Immunity.--A district justice and any public service or
10 charitable organization supervising or administering a public
11 service program under this section shall be immune from any
12 civil action for damages brought by a person admitted to this
13 program. Nothing in this section shall be construed to limit or
14 otherwise affect or preclude liability resulting from gross
15 negligence or intentional misconduct. Reckless, willful or
16 wanton misconduct constitutes gross negligence.
17 (f) Definition.--As used in this section the term "district
18 justice" includes a judge of the Pittsburgh Magistrates Court.
19 Section 2 3. Section 1515(a)(5)(iii) and (6)(i)(C) of Title <--
20 42 is repealed insofar as it is inconsistent with this act.
21 Section 3. This act shall take effect in 90 days. <--
22 SECTION 4. SECTION 2(E) AND (G) OF THE ACT OF SEPTEMBER 30, <--
23 1983 (P.L.160, NO.39), KNOWN AS THE PUBLIC OFFICIAL COMPENSATION
24 LAW, IS REPEALED.
25 SECTION 5. (A) SECTIONS 1 AND 4 SHALL TAKE EFFECT OCTOBER
26 1, 1985, OR IF ENACTED THEREAFTER, ON THE FIRST DAY OF THE FIRST
27 MONTH COMMENCING THEREAFTER.
28 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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