PRINTER'S NO. 1263
No. 1113 Session of 1991
INTRODUCED BY SCHEETZ, CALTAGIRONE, NOYE, FAIRCHILD, FARGO,
TRELLO, MELIO, JADLOWIEC, HERSHEY, SAURMAN, STABACK, WOGAN,
MERRY, BATTISTO, ARMSTRONG, RICHARDSON, OLASZ, E. Z. TAYLOR,
COLAFELLA, ANGSTADT, TELEK, JAMES AND STETLER, APRIL 10, 1991
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 10, 1991
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, extending the
3 jurisdiction of district justices to certain cases relating
4 to small amounts of marijuana; and providing for notification
5 of district attorneys by district justices.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1515(a) of Title 42 of the Pennsylvania
9 Consolidated Statutes is amended by adding a paragraph to read:
10 § 1515. Jurisdiction and venue.
11 (a) Jurisdiction.--Except as otherwise prescribed by general
12 rule adopted pursuant to section 503 (relating to reassignment
13 of matters), district justices shall, under procedures
14 prescribed by general rule, have jurisdiction of all of the
15 following matters:
16 * * *
17 (8) Offenses under section 13(a)(31) of the act of April
18 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
1 Drug, Device and Cosmetic Act, if the following criteria are
2 met:
3 (i) The misdemeanor is not the result of a reduced
4 charge.
5 (ii) The defendant pleads guilty.
6 (iii) The defendant is not subject to the provisions
7 of Chapter 63.
8 (iv) The defendant has not been previously sentenced
9 under this paragraph.
10 * * *
11 Section 2. Title 42 is amended by adding a section to read:
12 § 1523. Notification to district attorney.
13 Upon assuming jurisdiction under section 1515(a)(8) (relating
14 to jurisdiction and venue), a district justice shall notify the
15 district attorney of the county in which the alleged offense was
16 committed.
17 Section 3. This act shall take effect in 60 days.
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