SENATE AMENDED
PRIOR PRINTER'S NOS. 492, 773, 1628 PRINTER'S NO. 2579
No. 441 Session of 1997
INTRODUCED BY STEVENSON, BARLEY, HARHART, STEIL, DeLUCA,
D. W. SNYDER, HERMAN, LYNCH, TRELLO, HENNESSEY, CORNELL,
E. Z. TAYLOR, RAYMOND, WILT, CORRIGAN, PETTIT, FLICK, ROSS,
HERSHEY, BARD, FAIRCHILD, EGOLF, BOSCOLA, SEYFERT, ORIE AND
CLYMER, FEBRUARY 11, 1997
SENATOR ROBBINS, MILITARY AND VETERANS AFFAIRS, IN SENATE,
NOVEMBER 19, 1997
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, further providing for absence without
3 leave.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6010 of Title 51 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6010. Absence without leave.
9 (a) Offense defined.--Any person subject to this part who,
10 without authority:
11 (1) fails to go to his appointed place of duty at the
12 time prescribed;
13 (2) goes from that place; or
14 (3) absents himself or remains absent from his unit,
15 organization or place of duty at which he is required to be
16 at the time prescribed;
1 [shall be punished as a court-martial may direct.] IS ABSENT <--
2 WITHOUT LEAVE AND SHALL BE PUNISHED AS A COURT-MARTIAL DIRECTS,
3 BE SUBJECT TO NONJUDICIAL PUNISHMENT OR BE CHARGED WITH A
4 SUMMARY OFFENSE.
5 (b) Military offense.--Absence without leave is a military
6 offense subject to punishment as a court-martial may direct or
7 by nonjudicial punishment under this part.
8 (c) Summary offense.--Absence without leave as defined in
9 subsection (a) is a summary offense.
10 (d) Fines.--A person convicted of the summary offense of
11 absence without leave shall be sentenced to pay a fine of not
12 less than $50 nor more than $200 for the first offense and a
13 fine of not less than $300 nor more than $1,000 for a second or
14 subsequent offense.
15 (e) Costs.--Any person convicted of a summary offense of
16 absence without leave shall, in addition to the fine imposed, be
17 sentenced to pay costs as provided or prescribed by or pursuant
18 to 42 Pa.C.S. Ch. 17 (relating to governance of the system).
19 (f) Institution of proceedings.--A person subject to this
20 part authorized by the Adjutant General or his designee may
21 institute summary proceedings for violation of this section by
22 filing a complaint with an issuing authority as provided in the
23 Pennsylvania Rules of Criminal Procedure. For purposes of <--
24 determining venue for the summary offense, the THE alleged <--
25 offense shall be deemed to have occurred in the magisterial
26 district where the unit to which the member is assigned is
27 located.
28 (g) Withdrawal of complaint.--The person instituting summary
29 proceedings for a violation of this section or his or her
30 superior commissioned officer may withdraw the complaint if the
19970H0441B2579 - 2 -
1 accused executes a military service participation agreement and
2 pays all costs as described in subsection (e).
3 (h) Military counsel.--Military counsel shall not be
4 assigned to represent the Commonwealth or the accused in summary
5 proceedings brought under this section.
6 (i) Prima facie evidence.--An extract from official military
7 records showing that the accused person was absent without leave
8 as defined in subsection (a) shall constitute prima facie
9 evidence of a violation of this section.
10 (j) Limitations on proceedings.--No action may be commenced
11 for a violation of this section more than 12 months after the
12 last date on which the person is alleged to have been absent
13 without leave. No court-martial or nonjudicial punishment
14 proceedings for absence without leave under this part may be
15 instituted against a person who has been charged with the
16 summary offense of absence without leave for the same time
17 period. No summary offense proceedings for absence without leave
18 under this section may be instituted against a person who has
19 been the subject of court-martial or nonjudicial punishment for
20 absence without leave under this part for the same time period.
21 Section 2. This act shall take effect in 30 days.
L4L51JS/19970H0441B2579 - 3 -