PRIOR PRINTER'S NO. 956 PRINTER'S NO. 2134
No. 1003 Session of 1993
INTRODUCED BY CALTAGIRONE, PICCOLA, MANDERINO, PESCI, MELIO,
GIGLIOTTI, TRELLO, HECKLER, SAURMAN, D. W. SNYDER AND ROONEY,
MARCH 23, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 15, 1993
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 Constable Education and Training Program and for powers and
4 duties of constables; and making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chapter 29 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subchapter to read:
9 CHAPTER 29
10 OFFICERS SERVING PROCESS AND
11 ENFORCING ORDERS
12 * * *
13 SUBCHAPTER C
14 CONSTABLES
15 Sec.
16 2941. Definitions.
17 2942. Powers and duties.
18 2943. Board established.
1 2944. Program established.
2 2945. Program contents.
3 2946. Continuing education.
4 2947. Automatic certification.
5 2948. Use of firearms.
6 2949. Restricted account.
7 2950. Fees.
8 § 2941. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Account." The Constables' Education and Training Board
13 established in section 2949 (relating to restricted account).
14 "Board." The Constables' Education and Training Board
15 established in section 2943 (relating to board established).
16 "Commission." The Pennsylvania Commission on Crime and
17 Delinquency of the Commonwealth.
18 "Judicial duties." Those services specified in section 2950
19 (relating to fees).
20 "Term of office of a deputy constable." The term of office
21 of the constable who appointed him.
22 § 2942. Powers and duties.
23 (a) Certification.--After the establishment, implementation
24 and administration of the Constables' Education and Training
25 Program created under sections 2944 (relating to program
26 established) and 2945 (relating to program contents), no
27 constable or deputy constable shall perform any judicial duties
28 nor demand or receive any fee, surcharge or mileage provided by
29 this subchapter unless he has been certified under this
30 subchapter.
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1 (b) Liability insurance.--Every constable and deputy
2 constable must file with the clerk of courts proof that he has,
3 currently in force, a policy of professional liability insurance
4 covering each individual in the performance of his judicial
5 duties with a minimum coverage of $250,000 per incident and a
6 minimum aggregate of $500,000 per year.
7 (c) Loss of certification.--Any constable or deputy
8 constable who fails, neglects or refuses to maintain a current
9 insurance policy as required by subsection (b) or to file proof
10 thereof with the clerk of courts shall cease automatically to be
11 certified to perform judicial duties upon the expiration of the
12 policy of which proof has been filed with the clerk of courts.
13 (d) Recertification.--Any constable or deputy constable who
14 ceases to be certified to perform judicial duties as a result of
15 the operation of subsection (c) may later be recertified
16 immediately by filing with the clerk of courts proof that such
17 insurance has been in force continuously since the officer was
18 last certified to perform judicial duties. In the case of a
19 violation of subsection (c), the individual may be recertified
20 by complying with subsection (b).
21 (e) Limitations on liability.--The provisions of this
22 subchapter shall not be deemed to impose respondent superior
23 liability on any county.
24 (f) Conduct.--While a constable or deputy constable is
25 performing duties other than judicial duties, regardless of
26 whether or not he is certified under this subchapter, he shall
27 not in any manner hold himself out to be active as an agent,
28 employee or representative of any court, district justice or
29 judge, either by work or by the display of any badge, card,
30 decal, emblem, insignia, identification, marking, patch or sign.
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1 § 2943. Board established.
2 (a) Board created.--There is hereby established within the
3 commission an advisory board to be known as the Constables'
4 Education and Training Board.
5 (b) Composition.--The board shall be composed of seven
6 members, appointed by the Governor with the consent of a
7 majority of the members elected to the Senate:
8 (1) Three persons who shall be constables.
9 (2) One person who shall be a district justice.
10 (3) One person who shall be a judge of a court of common
11 pleas.
12 (4) One person who shall be a court administrator.
13 (5) One person who shall be a nonjudge member of the bar
14 of this Commonwealth.
15 (c) Appointments and terms.--Members shall serve for three-
16 year terms and may be appointed for more than one additional
17 consecutive term. If a member who serves by virtue of public
18 office ceases to represent the class to which he was appointed,
19 his membership in the commission shall terminate immediately,
20 and a new member shall be appointed in the same manner as his
21 predecessor to fill the unexpired portion of the term. Members
22 of the board appointed or reappointed as constables may complete
23 their term of office on the board if they cease to be a
24 constable but may not be reappointed thereafter; however, no
25 constable may be appointed, be reappointed or serve as a board
26 member unless he is certified under this subchapter.
27 (d) Vacancy.--A member appointed to fill a vacancy created
28 by any reason other than expiration of a term shall be appointed
29 for the unexpired term of the member whom he is to succeed in
30 the same manner as the original appointment.
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1 (e) Expenses.--The members of the board shall serve without
2 compensation but shall be reimbursed the necessary and actual
3 expenses incurred in attending meetings of the board and in the
4 performance of their duties under this subchapter.
5 (f) Removal.--Members of the board may be removed by the
6 appointing authority for good cause upon written notice from the
7 appointing authority specifically setting forth the cause for
8 removal.
9 (g) Chairman elected.--The members of the board shall elect
10 a chairman from among the members to serve for a period of one
11 year. A chairman may be elected to serve successive terms. The
12 Governor shall designate the first chairman for organizational
13 purposes only.
14 (h) Meetings.--The chairman shall summon the members of the
15 board to the first meeting within 30 days after his appointment
16 or within 30 days after the appointment of a sufficient number
17 of members to constitute a quorum, whichever is later. The board
18 shall meet as often as it deems necessary but at least four
19 times each year. Meetings may be called by the chairman of the
20 board or by any four members thereof, in either case upon at
21 least ten days' written notice to all members of the board. A
22 quorum shall consist of four members.
23 § 2944. Program established.
24 The board, with the review and approval of the commission,
25 shall:
26 (1) Establish, implement and administer the Constables'
27 Education and Training Program according to the minimum
28 requirements set forth in this subchapter.
29 (2) Establish, implement and administer requirements for
30 the minimum courses of study and training for constables and
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1 deputy constables.
2 (3) Establish, implement and administer requirements for
3 courses of study and in-service training for constables and
4 deputy constables.
5 (4) Establish, implement and administer requirements for
6 a continuing education program for constables and deputy
7 constables concerning subjects the board may deem necessary
8 and appropriate for the continued education and training of
9 constables and deputy constables.
10 (5) Approve or revoke the approval of any school which
11 may be utilized for the educational and training requirements
12 of this subchapter.
13 (6) Establish the minimum qualifications for instructors
14 and certify instructors.
15 (7) Consult, cooperate and contract with universities,
16 colleges, law schools, community colleges and institutes for
17 the development of basic and continuing education courses for
18 constables and deputy constables.
19 (8) Promote the most efficient and economical program
20 for constable and deputy constable training by utilizing
21 existing facilities, programs and qualified State and local
22 personnel.
23 (9) Certify constables and deputy constables who have
24 satisfactorily completed the basic and continuing education
25 and training requirements of this subchapter and issue
26 appropriate certificates to them.
27 (10) Make rules and regulations and perform other duties
28 as may be reasonably necessary or appropriate to administer
29 the education and training program for constables and deputy
30 constables.
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1 (11) IN CONSULTATION WITH THE INSURANCE COMMISSIONER, <--
2 MONITOR THE PRICE AND AVAILABILITY OF THE LIABILITY INSURANCE
3 REQUIRED BY SECTION 2942(B) (RELATING TO POWERS AND DUTIES)
4 AND, IF DEEMED NECESSARY BY THE BOARD, PROVIDE INFORMATION
5 AND COORDINATION TO ASSURE THE AVAILABILITY AND COMPETITIVE
6 PRICING OF SUCH INSURANCE.
7 (11) (12) Make an annual report to the Governor and to <--
8 the General Assembly concerning:
9 (i) The administration of the Constables' Education
10 and Training Program.
11 (ii) The activities of the board.
12 (iii) The costs of the program.
13 (iv) Proposed changes, if any, in this subchapter.
14 § 2945. Program contents.
15 The Constables' Education and Training Program shall include
16 training for a total of 80 hours, the content of which shall be
17 determined by regulation. The training shall include instruction
18 in the interpretation and application of the fees provided for
19 in section 2950 (relating to fees). Any constable or deputy
20 constable who is in office as of the effective date of this
21 subchapter shall be afforded one and only one opportunity prior
22 to the expiration of his current term to satisfactorily complete
23 this program by examination without the necessity of class
24 attendance.
25 § 2946. Continuing education.
26 The board, with the review and approval of the commission,
27 shall establish a mandatory continuing education program for
28 constables and deputy constables, which shall include no more
29 than 40 hours per year, concerning subjects the board may deem
30 necessary and appropriate for the continued education and
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1 training of constables and deputy constables.
2 § 2947. Automatic certification.
3 All constables and deputy constables who are in office as of
4 the effective date of this subchapter shall be deemed to be
5 certified under and in compliance with sections 2945 (relating
6 to program contents), 2946 (relating to continuing education)
7 and 2948 (relating to use of firearms) for the balance of their
8 current term of office.
9 § 2948. Use of firearms.
10 No constable or deputy constable shall carry or use a firearm
11 in the performance of his duties unless he is currently
12 certified or qualified in firearms under at least one of the
13 following:
14 (1) The act of June 18, 1974 (P.L.359, No.120), referred
15 to as the Municipal Police Education and Training Law.
16 (2) The act of February 9, 1984 (P.L.3, No.2), known as
17 the Deputy Sheriffs' Education and Training Act.
18 (3) Any other firearms program which has been approved
19 by the board with the review and approval of the commission.
20 § 2949. Restricted account.
21 (a) Account established.--There is hereby established a
22 special restricted account within the General Fund, which shall
23 be known as the Constables' Education and Training Account, for
24 the purposes of financing training program expenses, the costs
25 of administering the program and all other costs associated with
26 the activities of the board and the implementation of this
27 subchapter.
28 (b) Surcharge.--There is hereby assessed as a cost in each
29 case before a district justice a surcharge of $5 per docket
30 number in each criminal case and $5 per named defendant in each
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1 civil case in which a constable or deputy constable performs a
2 service provided in this subchapter, except that no county shall
3 be required to pay this surcharge on behalf of any indigent or
4 other defendant in a criminal case.
5 (c) Disposition of funds.--The surcharges collected under
6 subsection (b), if collected by a constable or deputy constable
7 shall be turned over within one week to the issuing authority.
8 The issuing authority shall remit the same to the Department of
9 Revenue for deposit into the account.
10 (d) Disbursements.--Disbursements from the account shall be
11 made by the commission.
12 (e) Audit.--The Auditor General shall conduct an audit of
13 the account as he may deem necessary or advisable from time to
14 time, but not less than once every three years.
15 § 2950. Fees.
16 (a) Travel or mileage.--Actual mileage for travel by motor
17 vehicle shall be reimbursed at a rate equal to the highest rate
18 allowed by the Internal Revenue Service. If travel is by other
19 than motor vehicle, reimbursement shall be for actual, vouchered
20 travel expenses.
21 (b) Apportionment.--If more than one defendant is
22 transported simultaneously, reimbursements shall be for actual
23 miles traveled, and the cost shall be divided between or among
24 the defendants.
25 (c) Additional persons.--A constable or deputy constable
26 when he is transporting a prisoner, serving a warrant in a court
27 case or serving a warrant on a defendant of the opposite sex
28 may, at his discretion, be accompanied by a second constable or
29 deputy constable who is certified under section 2947 (relating
30 to automatic certification) to perform judicial duties. In such
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1 cases, each officer shall receive the fee set out in this
2 section. In all other civil and criminal cases, the issuing
3 authority may authorize payment to a second officer.
4 (d) Civil cases.--In civil cases, constable fees must be
5 paid in advance to the court for services desired to be
6 performed. These fees shall not be refundable to the plaintiff
7 if a case is settled or a debt is satisfied less than 48 hours
8 prior to a scheduled sale or ejectment, in which latter case the
9 constable or deputy constable shall be paid for holding the sale
10 or carrying out an ejectment, respectively.
11 (e) Payment.--Fees shall be paid by the court to the
12 constable as soon as possible and in every case not more than 15
13 days in civil cases and 30 days in criminal cases after the
14 service is performed and a proper request for payment is
15 submitted, provided that, in criminal cases where the books and
16 accounts of the relevant county offices are payable on a monthly
17 basis, payment shall be made not more than 15 days after the
18 close of the month.
19 (f) Specific fees.--Fees in civil cases shall be as follows:
20 (1) For serving complaint, summons or notice on suitor
21 or tenant, either personally or by leaving a copy, $10 plus
22 $5 for each additional defendant at the same address.
23 (2) For levying goods, including schedule of property
24 levied upon and set aside, $35.
25 (3) For advertising personal property to public sale, $5
26 per posting (maximum of $15) plus actual cost of advertising.
27 (4) For selling goods levied, $35.
28 (5) For clerk hired at sales, $20.
29 (6) For making return of not found, $10.
30 (7) For executing order of possession, $10.
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1 (8) For ejectment, $70.
2 (9) For making return of service, other than not found,
3 $2.50.
4 (10) For providing courtroom security as ordered, $10
5 per hour, prorated to the nearest whole dollar, assessed
6 against one or more parties as determined by the court.
7 (g) Criminal cases.--Fees in criminal cases shall be as
8 follows:
9 (1) For executing a warrant or for effectuating the
10 payment of fines and costs by attempting to execute a
11 warrant, $15 per warrant.
12 (2) For taking custody of a defendant, $5 per defendant.
13 (3) For conveyance of defendant to or from court, $5 per
14 defendant.
15 (4) For attendance at arraignment or hearing, $5 per
16 defendant.
17 (5) For executing discharge, $5 per defendant.
18 (6) For executing commitment, $5 per defendant.
19 (7) For executing release, $5 per defendant.
20 (8) For making returns to the court, $2.50.
21 (9) For holding a defendant while awaiting the arrival
22 of the district justice at the office of the district
23 justice, $10 per defendant per hour beyond the first half
24 hour.
25 (10) For conveying defendants for fingerprinting, $5 per
26 defendant.
27 (11) For fingerprinting or overseeing the fingerprinting
28 of defendants at the direction of the district justice, $10
29 per defendant, plus $10 per defendant per hour beyond the
30 first half hour.
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1 (12) For providing courtroom security as ordered, $10
2 per hour, prorated to the nearest whole dollar, assessed
3 against one or more parties as determined by the court.
4 (13) For serving subpoenas, $10 for the first witness,
5 plus $2.50 for each additional witness at the same address.
6 The same fee shall be payable for attempting to service a
7 subpoena at a wrong address supplied by the party requesting
8 the service.
9 (h) Similar fees.--For civil and criminal services not
10 specifically provided for, the court shall pay the same fees as
11 it pays for services that it determines to be similar to those
12 performed.
13 (i) Assessment by court.--In all criminal cases wherein the
14 defendant is discharged or indigent, or the case is otherwise
15 dismissed, the court shall assess to the county the fee provided
16 in this section, except that, in cases of private criminal
17 complaints wherein the defendant is discharged prior to the
18 indictment or the filing of any information or the case is
19 otherwise dismissed at the summary offense hearing, the court
20 shall assess the fee to the affiant.
21 Section 2. Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7,
22 1.8 and 1.9 of the act of July 20, 1917 (P.L.1158, No.401),
23 referred to as the Constable Fee Law, are repealed.
24 Section 3. This act shall take effect in 60 days.
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