PRINTER'S NO. 318
No. 280 Session of 2003
INTRODUCED BY LYNCH, ALLEN, BARD, BASTIAN, BEBKO-JONES, BELARDI,
BELFANTI, BISHOP, BLAUM, BROWNE, CAPPELLI, CLYMER, CRUZ,
CURRY, DeLUCA, DeWEESE, FAIRCHILD, FEESE, FRANKEL, GABIG,
GRUCELA, HARHAI, HENNESSEY, HERMAN, HORSEY, JAMES, JOSEPHS,
KELLER, KIRKLAND, LAUGHLIN, LEACH, LEDERER, LEH, MACKERETH,
McGEEHAN, MELIO, R. MILLER, MUNDY, PICKETT, PRESTON,
READSHAW, REED, SAINATO, SATHER, SCHRODER, SCRIMENTI, SEMMEL,
SHANER, SOLOBAY, STABACK, STURLA, TANGRETTI, E. Z. TAYLOR,
THOMAS, TIGUE, WALKO, WANSACZ, WILT, YOUNGBLOOD AND ZUG,
FEBRUARY 12, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 protection of employment of witnesses under subpoena.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5906. Protection of employment of witnesses under subpoena.
9 (a) General rule.--An employer may not deprive an employee
10 of the employee's employment, seniority position or benefits, or
11 threaten or otherwise coerce the employee with respect thereto,
12 because the employee receives and responds to a summons and
13 either appears as a witness or attends court as a prospective
14 witness due to the summons. Nothing in this section shall be
1 construed to require the employer to compensate the employee for
2 employment time lost because of an appearance as a witness or as
3 a prospective witness.
4 (b) Penalty.--Any employer who violates subsection (a)
5 commits a summary offense.
6 (c) Civil remedy available.--If an employer penalizes an
7 employee in violation of subsection (a) the employee may bring a
8 civil action for recovery of wages and benefits lost as a result
9 of the violation and for an order requiring the reinstatement of
10 the employee. Damages recoverable shall not exceed wages and
11 benefits actually lost. If the employee prevails, the employee
12 shall be allowed reasonable attorney fees fixed by the court.
13 (d) Exception.--Subsection (a) shall not apply to any
14 employer in any retail or service industry employing fewer than
15 15 persons or any employer in any manufacturing industry
16 employing fewer than 40 persons.
17 (e) Right to excuse.--An individual not entitled to
18 reemployment under subsection (a) shall, upon request to the
19 court, be excused from jury service.
20 Section 2. This act shall take effect in 60 days.
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