AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for the
3makeup, jurisdiction and venue of the Philadelphia Municipal
4Court; restricting and eliminating the Traffic Court of
5Philadelphia; and making an editorial change.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The definition of "Traffic Court of Philadelphia"
9in section 102 of Title 42 of the Pennsylvania Consolidated
10Statutes is amended to read:

11§ 102. Definitions.

12Subject to additional definitions contained in subsequent
13provisions of this title which are applicable to specific
14provisions of this title, the following words and phrases when
15used in this title shall have, unless the context clearly
16indicates otherwise, the meanings given to them in this section:

17* * *

18"Traffic Court of Philadelphia." The [traffic court existing
19under section 6(c) of Article V of the Constitution of

1Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic
2Court of Philadelphia) so long as a community court has not been
3established or in the event one has been discontinued in the
4City and County of Philadelphia.] Traffic Division under section 
51121(c) (relating to Philadelphia Municipal Court).

6* * *

7Section 2. Section 1121 of Title 42 is amended to read:

8§ 1121. Philadelphia Municipal Court.

9(a) Organization.--The Philadelphia Municipal Court shall be 
10organized as follows:

11(1) The General Division shall consist of 25 judges and 
12hearing examiners appointed by the President Judge of the 
13Philadelphia Municipal Court.

14(2) The Traffic Division shall consist of five judges
15elected to the Traffic Court of Philadelphia prior to the
16effective date of this paragraph. If a vacancy in the Traffic
17Division occurs because a judge is convicted or removed from
18office, the vacancy shall not be filled. This paragraph shall
19expire on the later of:

20(i) the date of the ratification by the electorate
21of an amendment to the Constitution of Pennsylvania
22abolishing the Philadelphia Traffic Court; or

23(ii) the date of the expiration of the longest term
24of a judge specified in subsection (c)(4).

25(b) General Division.--

26(1) A judge in the General Division must be an attorney
27at law.

28(2) The salary of a judge in the General Division shall
29be as set forth in section 2.1(e) and (i) of the act of
30September 30, 1983 (P.L.160, No.39), known as the Public

1Official Compensation Law.

2(3) The General Division shall exercise full
3jurisdiction of the municipal court under section 1123(a)
4(relating to jurisdiction and venue).

5(c) Traffic Division.--

6(1) A judge in the Traffic Division must:

7(i) be an attorney at law; or

8(ii) complete a course of training and instruction
9in the duties of the offices and pass an examination in
10the course.

11(2) The salary of a judge in the Traffic Division shall
12be as set forth in section 2.1(f) and (i) of the Public
13Official Compensation Law.

14(3) The Traffic Division shall, at the direction of the
15President Judge of the Philadelphia Municipal Court, exercise
16jurisdiction under section 1123(a)(9).

17(4) This subsection shall apply during the terms of all
18judges of the Philadelphia Traffic Court:

19(i) who have been elected prior to January 1, 2014;
20and

21(ii) whose term expires after December 31, 2017.

22(5) A judge identified in paragraph (4) shall, until the
23expiration of the term to which the judge has been elected,
24serve as a judge in the Traffic Division.

25(6) This subsection shall expire on the later of:

26(i) the date of the ratification by the electorate
27of an amendment to the Constitution of Pennsylvania
28abolishing the Philadelphia Traffic Court; or

29(ii) the date of the expiration of the longest term
30of a judge specified in paragraph (4).

1Section 3. Section 1123(a) of Title 42 is amended by adding
2a paragraph to read:

3§ 1123. Jurisdiction and venue.

4(a) General rule.--Except as otherwise prescribed by any
5general rule adopted pursuant to section 503 (relating to
6reassignment of matters), the Philadelphia Municipal Court shall
7have jurisdiction of the following matters:

8* * *

9(9) Prosecutions for summary offenses arising under:

10(i) Title 75 (relating to vehicles); or

11(ii) an ordinance of a political subdivision enacted
12pursuant to Title 75.

13* * *

14Section 4. Section 1302(a) introductory paragraph of Title
1542 is amended and the section is amended by adding a subsection
16to read:

17§ 1302. Jurisdiction and venue.

18(a) General rule.--Except as set forth in subsection (a.1) 
19or as otherwise prescribed by any general rule adopted pursuant
20to section 503 (relating to reassignment of matters), each
21traffic court shall have jurisdiction of all prosecutions for
22summary offenses arising under:

23* * *

24(a.1) Traffic Court of Philadelphia.--

25(1) Except as otherwise prescribed by any general rule 
26adopted pursuant to section 503 (relating to reassignment of 
27matters), each traffic court under Subchapter B (relating to 
28Traffic Court of Philadelphia) shall, at the direction of the 
29President Judge of the Philadelphia Municipal Court, have 
30jurisdiction of all prosecutions for summary offenses arising 

1under:

2(i) Title 75.

3(ii) Any ordinance of any political subdivision
4enacted pursuant to Title 75.

5(2) This subsection shall expire on the later of:

6(i) the date of the ratification by the electorate
7of an amendment to the Constitution of Pennsylvania
8abolishing the Philadelphia Traffic Court; or

9(ii) January 1, 2018.

10* * *

11Section 5. Section 1321 of Title 42 is amended to read:

12§ 1321. Traffic Court of Philadelphia.

13(a) Establishment.--The Traffic Court of Philadelphia shall
14be a court not of record [and shall consist of seven judges].
15The court is established for the City and County of
16Philadelphia.

17(b) Composition.--The court shall consist of two judges:

18(1) who are serving on the court on the effective date
19of this subsection; and

20(2) whose terms expire on December 31, 2017.

21(c) Expiration.--This section shall expire on the later of:

22(1) the date of the ratification by the electorate of an
23amendment to the Constitution of Pennsylvania abolishing the
24Philadelphia Traffic Court; or

25(2) January 1, 2018.

26Section 6. This act shall take effect in 60 days.