SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, DENLINGER, GRELL, KNOWLES, BRENNAN, COHEN, DONATUCCI, FABRIZIO, FLECK, GABLER, GEIST, HARHART, KAVULICH, KOTIK, KULA, LONGIETTI, MAHONEY, MANN, METZGAR, MILLARD, MURPHY, M. O'BRIEN, PYLE, RAVENSTAHL, READSHAW, SCAVELLO, WHITE, ROAE, MYERS, D. COSTA, KORTZ, KILLION, MURT, FARRY, GILLESPIE, GILLEN, GROVE AND MILNE, MARCH 14, 2011

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 28, 2012   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

oaths and acknowledgments, for senior judge operational

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support grants and for expiration of provisions relating to

access to justice.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 327 of Title 42 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  Sections 327, 1906(i) and 4907 of Title 42 of the

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Pennsylvania Consolidated Statutes are 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 of 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 or pleaded nolo contendere 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.

§ 1906.  Senior judge operational support grants.

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(i)  Expiration.--This section shall expire on June 30,

[2012] 2017, unless reenacted prior to that date.

§ 4907.  Expiration of chapter.

This chapter shall expire on November 1, [2012] 2017. At

least one year prior to the expiration of this chapter, the

Legislative Budget and Finance Committee shall conduct and

submit to the General Assembly a performance audit for the

purpose of determining whether there is a continuing

justification for the activities and level of financial support

provided for under this chapter.

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

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follows:

(1)  The amendment of 42 Pa.C.S. § 327 shall take effect

in 60 days.

(2)  The remainder of this act shall take effect

immediately.