HOUSE AMENDED
PRIOR PRINTER'S NOS. 448, 954, 1124 PRINTER'S NO. 1195
No. 423 Session of 1997
INTRODUCED BY DELP, BELL, ARMSTRONG, PUNT AND THOMPSON,
FEBRUARY 11, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 11, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, to permit service of <--
3 process on Sunday. TO PERMIT SERVICE OF PROCESS ON SUNDAY; <--
4 FURTHER PROVIDING FOR SENTENCING FOR MURDER OF THE FIRST <--
5 DEGREE; AND PROHIBITING THE EXCLUSION OF CERTAIN VICTIMS FROM <--
6 TRIALS.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 5107 of Title 42 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 § 5107. Service of process on Sunday.
12 [(a) General rule.--No process shall] Process may be served
13 or executed on a Sunday except at any church, synagogue,
14 meetinghouse or any place of worship. [except in the case of:
15 (1) Felony or misdemeanor.
16 (2) Breach of the peace.
17 (3) Criminal or civil contempt of court in orders
18 relating to support or custody matters.
1 (4) When authorized or directed by the court upon a
2 finding that the exigency of the case is such as to impel the
3 court to suspend the rule against service or execution of
4 process on a Sunday.
5 (5) Any matter where the service or execution of process
6 on a Sunday is expressly authorized by statute.
7 (b) Effect of violation.--Process served or executed in
8 violation of subsection (a) shall be void and the person so
9 serving or executing such process shall be liable to any person
10 aggrieved to the same extent as if the action was taken without
11 any process at all.]
12 SECTION 1. SECTION 9711(H) OF TITLE 42 OF THE PENNSYLVANIA <--
13 CONSOLIDATED STATUTES IS AMENDED TO READ:
14 SECTION 1. SECTIONS 5107 AND 9711(H) OF TITLE 42 OF THE <--
15 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
16 § 5107. SERVICE OF PROCESS ON SUNDAY.
17 [(A) GENERAL RULE.--NO PROCESS SHALL] PROCESS MAY BE SERVED
18 OR EXECUTED ON A SUNDAY EXCEPT AT ANY CHURCH, SYNAGOGUE,
19 MEETINGHOUSE OR ANY PLACE OF WORSHIP. [EXCEPT IN THE CASE OF:
20 (1) FELONY OR MISDEMEANOR.
21 (2) BREACH OF THE PEACE.
22 (3) CRIMINAL OR CIVIL CONTEMPT OF COURT IN ORDERS
23 RELATING TO SUPPORT OR CUSTODY MATTERS.
24 (4) WHEN AUTHORIZED OR DIRECTED BY THE COURT UPON A
25 FINDING THAT THE EXIGENCY OF THE CASE IS SUCH AS TO IMPEL THE
26 COURT TO SUSPEND THE RULE AGAINST SERVICE OR EXECUTION OF
27 PROCESS ON A SUNDAY.
28 (5) ANY MATTER WHERE THE SERVICE OR EXECUTION OF PROCESS
29 ON A SUNDAY IS EXPRESSLY AUTHORIZED BY STATUTE.
30 (B) EFFECT OF VIOLATION.--PROCESS SERVED OR EXECUTED IN
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1 VIOLATION OF SUBSECTION (A) SHALL BE VOID AND THE PERSON SO
2 SERVING OR EXECUTING SUCH PROCESS SHALL BE LIABLE TO ANY PERSON
3 AGGRIEVED TO THE SAME EXTENT AS IF THE ACTION WAS TAKEN WITHOUT
4 ANY PROCESS AT ALL.]
5 § 9711. SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE.
6 * * *
7 (H) REVIEW OF DEATH SENTENCE.--
8 (1) A SENTENCE OF DEATH SHALL BE SUBJECT TO AUTOMATIC
9 REVIEW BY THE SUPREME COURT OF PENNSYLVANIA PURSUANT TO ITS
10 RULES.
11 (2) IN ADDITION TO ITS AUTHORITY TO CORRECT ERRORS AT
12 TRIAL, THE SUPREME COURT SHALL EITHER AFFIRM THE SENTENCE OF
13 DEATH OR VACATE THE SENTENCE OF DEATH AND REMAND FOR FURTHER
14 PROCEEDINGS AS PROVIDED IN PARAGRAPH (4).
15 (3) THE SUPREME COURT SHALL AFFIRM THE SENTENCE OF DEATH
16 UNLESS IT DETERMINES THAT:
17 (I) THE SENTENCE OF DEATH WAS THE PRODUCT OF
18 PASSION, PREJUDICE OR ANY OTHER ARBITRARY FACTOR; OR
19 (II) THE EVIDENCE FAILS TO SUPPORT THE FINDING OF AT
20 LEAST ONE AGGRAVATING CIRCUMSTANCE SPECIFIED IN
21 SUBSECTION (D)[; OR
22 (III) THE SENTENCE OF DEATH IS EXCESSIVE OR
23 DISPROPORTIONATE TO THE PENALTY IMPOSED IN SIMILAR CASES,
24 CONSIDERING BOTH THE CIRCUMSTANCES OF THE CRIME AND THE
25 CHARACTER AND RECORD OF THE DEFENDANT].
26 (4) IF THE SUPREME COURT DETERMINES THAT THE DEATH
27 PENALTY MUST BE VACATED BECAUSE NONE OF THE AGGRAVATING
28 CIRCUMSTANCES ARE SUPPORTED BY SUFFICIENT EVIDENCE [OR
29 BECAUSE THE SENTENCE OF DEATH IS DISPROPORTIONATE TO THE
30 PENALTY IMPOSED IN SIMILAR CASES], THEN IT SHALL REMAND FOR
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1 THE IMPOSITION OF A LIFE IMPRISONMENT SENTENCE. IF THE
2 SUPREME COURT DETERMINES THAT THE DEATH PENALTY MUST BE
3 VACATED FOR ANY OTHER REASON, IT SHALL REMAND FOR A NEW
4 SENTENCING HEARING PURSUANT TO SUBSECTIONS (A) THROUGH (G).
5 * * *
6 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
7 § 9738. VICTIM IMPACT STATEMENTS.
8 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER STATUTE, RULE
9 OR PROVISION OF LAW TO THE CONTRARY, IN THE TRIAL OF A DEFENDANT
10 ACCUSED OF AN OFFENSE, INCLUDING AN OFFENSE SUBJECT TO SENTENCE
11 UNDER SECTION 9711 (RELATING TO SENTENCING PROCEDURE FOR MURDER
12 OF THE FIRST DEGREE), A COURT SHALL NOT ORDER THE EXCLUSION OF
13 ANY VICTIM OF THE OFFENSE FROM THE TRIAL ON THE BASIS THAT THE
14 VICTIM MAY, DURING THE SENTENCING PHASE OF THE PROCEEDINGS:
15 (1) MAKE A VICTIM IMPACT STATEMENT OR PRESENT ANY VICTIM
16 IMPACT INFORMATION IN RELATION TO THE SENTENCE TO BE IMPOSED
17 ON THE DEFENDANT; OR
18 (2) TESTIFY AS TO THE EFFECT OF THE OFFENSE ON THE
19 VICTIM OR THE FAMILY OF THE VICTIM.
20 (B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "VICTIM"
21 SHALL HAVE THE SAME MEANING AS IN SECTION 479.1 OF THE ACT OF
22 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
23 CODE OF 1929.
24 Section 2 3. This act shall take effect in 60 days <--
25 IMMEDIATELY. <--
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