PRINTER'S NO. 150
No. 135 Session of 2003
INTRODUCED BY SOLOBAY, BARD, BEBKO-JONES, BELFANTI, CAPPELLI,
CORRIGAN, CRUZ, DeWEESE, D. EVANS, HARHAI, HORSEY, KOTIK,
S. MILLER, PETRARCA, PRESTON, SAINATO, SCRIMENTI, THOMAS,
WALKO, WOJNAROSKI, McCALL, CAWLEY, COSTA, DALEY, EACHUS,
GRUCELA, HENNESSEY, JAMES, LAUGHLIN, PALLONE, PISTELLA,
ROBERTS, SANTONI, SHANER, TIGUE, WASHINGTON AND YOUNGBLOOD,
FEBRUARY 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 Constables' Education and Training Account.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2949 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2949. Restricted account.
9 (a) Account established.--There is hereby established a
10 special restricted account within the General Fund, which shall
11 be known as the Constables' Education and Training Account, for
12 the purposes of financing training program expenses, the costs
13 of administering the program and all other costs associated with
14 the activities of the board and the implementation of this
15 subchapter and as provided under subsection (f).
16 (b) Surcharge.--There is hereby assessed as a cost in each
1 case before a district justice a surcharge of $5 per docket
2 number in each criminal case and $5 per named defendant in each
3 civil case in which a constable or deputy constable performs a
4 service provided in this subchapter, except that no county shall
5 be required to pay this surcharge on behalf of any indigent or
6 other defendant in a criminal case.
7 (c) Disposition of funds.--The surcharges collected under
8 subsection (b), if collected by a constable or deputy constable
9 shall be turned over within one week to the issuing authority.
10 The issuing authority shall remit the same to the Department of
11 Revenue for deposit into the account.
12 (d) Disbursements.--Disbursements from the account shall be
13 made by the commission.
14 (e) Audit.--The Auditor General shall conduct an audit of
15 the account as he may deem necessary or advisable from time to
16 time, but not less than once every three years.
17 (f) Fund surplus.--If account moneys are sufficient to meet
18 the expenses and costs under subsection (a), the commission may
19 allocate any surplus funds in the account to assist constables
20 and deputy constables in obtaining liability insurance under
21 section 2942(b) (relating to conduct and insurance).
22 Section 2. This act shall take effect in 60 days.
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