THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, BISHOP, BRENNAN, BRIGGS, DENLINGER, FABRIZIO, FLECK, GERGELY, KILLION, KNOWLES, KORTZ, KOTIK, KULA, LONGIETTI, MAHONEY, MANN, MELIO, MICOZZIE, MILLARD, M. O'BRIEN, QUINN, SCAVELLO, SEIP, SIPTROTH, THOMAS, YOUNGBLOOD AND GRUCELA, APRIL 22, 2010

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 22, 2010  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

administration of oaths.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 327 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 327.  Oaths and acknowledgments.

(a)  General ability.--Each judicial officer, each clerk of

court, each retired or senior judge and such other personnel of

the system and jurors as may be designated by or pursuant to

general rules may administer oaths and affirmations and take

acknowledgments. An acknowledgment may be taken by a member of

the bar of the Supreme Court of Pennsylvania if the document is

thereafter certified to an officer authorized to administer

oaths. Certification by an attorney shall be in accordance with

section 7(5) of the act of July 24, 1941 (P.L.490, No.188),

known as the Uniform Acknowledgment Act, and shall include the

attorney's Supreme Court identification number.

(b)  Retired or senior judges.--A retired or senior judge may

administer oaths and affirmations and take acknowledgments so

long as all the following criteria are met:

(1)  The retired or senior judge has served as a

magisterial district judge, judge or justice, whether or not

continuously or on the same court, by election or appointment

for an aggregate period equaling a full term of office.

(2)  The retired or senior judge has not been defeated

for reelection or retention.

(3)  The retired or senior judge has not been convicted

of, pleaded nolo contendere to or agreed to an Accelerated

Rehabilitative Disposition or other probation without verdict

program relative to any misdemeanor or felony offense under

the laws of this Commonwealth or an equivalent offense under

the laws of the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation.

(4)  The retired or senior judge has not resigned a

judicial commission to avoid having charges filed or to avoid

prosecution by Federal, State or local law enforcement

agencies or by the Judicial Conduct Board.

(5)  The retired or senior judge has not been removed

from office by the Court of Judicial Discipline.

(6)  The retired or senior judge is a resident of this

Commonwealth.

Section 2.  This act shall take effect in 60 days.