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                                                        PRINTER'S NO. 95

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 111 Session of 2001


        INTRODUCED BY ORIE, YOUNGBLOOD, PHILLIPS, DALEY, PRESTON, BEBKO-
           JONES, E. Z. TAYLOR, MARSICO, CIVERA AND CLYMER,
           JANUARY 23, 2001

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2001

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     content of course of instruction and examination and
     4     continuing education requirement relating to certain minor
     5     judiciary.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 3113 and 3118 of Title 42 of the
     9  Pennsylvania Consolidated Statutes are amended to read:
    10  § 3113.  Content of course of instruction and examination.
    11     (a)  General rule.--The board shall prescribe and approve the
    12  subject matter and the examination for the course of training
    13  and instruction required by this subchapter. The Administrative
    14  Office shall, subject to the direction of the board, administer
    15  the course of training and instruction and conduct the
    16  examination. The Administrative Office shall conduct the course
    17  and examination at such times, at such places and in such manner
    18  as the regulations of the board may prescribe. The board shall
    19  make the course of instruction available at such times so as to

     1  insure that any district justice, bail commissioner or judge
     2  elected or appointed may qualify to assume office as soon as
     3  possible.
     4     (b)  Content of course.--The course of training and
     5  instruction shall not exceed four weeks in duration and shall
     6  consist of a minimum of 40 hours of class instruction in civil
     7  and criminal law, including, but not limited to, sexual
     8  violence, evidence and procedure, summary proceedings, motor
     9  vehicles and courses in judicial ethics, in the case of all such
    10  officials except bail commissioners, in which case it shall
    11  consist of a minimum of 30 hours of class instruction in
    12  criminal law, search and seizure, arrest and bail practices and
    13  procedures, and except judges of the Traffic Court of
    14  Philadelphia, in which case it shall consist of a minimum of 20
    15  hours of class instruction in summary proceedings and laws
    16  relating to motor vehicles.
    17  § 3118.  Continuing education requirement.
    18     (a)  District justices.--Every district justice shall
    19  complete a continuing education program each year equivalent to
    20  not less than 32 hours per year in such courses or programs as
    21  are approved by the board. The courses and programs shall
    22  include training on issues of sexual violence. If a district
    23  justice fails to meet these continuing education requirements,
    24  such justice shall be subject to suspension by the Supreme Court
    25  until such time as evidence of compliance with such requirements
    26  is submitted by the board, but in no event longer than six
    27  months at which time the failure to meet the continuing
    28  education requirements shall be grounds for the Supreme Court,
    29  after a hearing, to declare a vacancy in that district.
    30     (b)  Bail commissioners.--Every bail commissioner shall
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     1  complete a continuing education program each year equivalent to
     2  not less than 20 hours per year in such courses or programs as
     3  are approved by the board. The courses and programs shall
     4  include training on issues of sexual violence.
     5     Section 2.  This act shall take effect in 60 days.

















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