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. <-in preliminary 
6provisions, further providing for definitions; in 
7organization, further providing for Chief Justice and 
8president judges; in community and municipal courts, further 
9providing for the Philadelphia Municipal Court and for 
10jurisdiction and venue and providing for hearing officers; 
11and, in traffic courts, further providing for jurisdiction 
12and venue and for the Traffic Court of Philadelphia.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

<-15Section 1. The definition of "Traffic Court of Philadelphia"
16in section 102 of Title 42 of the Pennsylvania Consolidated
17Statutes is amended to read:

<-18Section 1. The definitions of "minor judiciary" and "Traffic
19Court of Philadelphia" in section 102 of Title 42 of the
20Pennsylvania Consolidated Statutes are amended to read:

21§ 102. Definitions.

22Subject to additional definitions contained in subsequent

1provisions of this title which are applicable to specific
2provisions of this title, the following words and phrases when
3used in this title shall have, unless the context clearly
4indicates otherwise, the meanings given to them in this section:

5* * *

<-6"Minor judiciary." The community courts, magisterial
7district judges[,] and Pittsburgh Magistrates Court [and Traffic
8Court of Philadelphia].

9* * *

10"Traffic Court of Philadelphia." [The <-[traffic court
11existing under section 6(c) of Article V of the Constitution of
12Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic
13Court of Philadelphia) so long as a community court has not been
14established or in the event one has been discontinued in the
15City and County of Philadelphia.] <-Traffic Division under section 
161121(c) (relating to Philadelphia Municipal Court). <-Any of the 
17following:

18(1) The Traffic Division under section 1121(c) (relating
19to Philadelphia Municipal Court). This paragraph includes the 
20predecessor of the Traffic Division.

21(2) The Traffic Court of Philadelphia under section
221321(b) (relating to Traffic Court of Philadelphia). This
23paragraph includes the predecessor of the Traffic Court of
24Philadelphia.

25* * *

26Section 2. Section Sections 325(c) and 1121 of Title 42 <-is 
<-27are amended to read:

<-28§ 325. Chief Justice and president judges.

29* * *

30[(c) Traffic Court of Philadelphia.--Notwithstanding any

1other provision of this section, the President Judge of the
2Traffic Court of Philadelphia shall be appointed by the Governor
3for a five-year term or at the pleasure of the Governor.]

4* * *

5§ 1121. Philadelphia Municipal Court.

6(a) Organization.--The Philadelphia Municipal Court shall be 
7organized as follows:

8(1) The General Division shall consist of [25<-] 27 judges
<-9and hearing officers appointed by the President Judge of the 
10Philadelphia Municipal Court.

11(2) The Traffic Division shall consist of four judges
12elected to the Traffic Court of Philadelphia prior to the
13effective date of this paragraph. If a vacancy in the Traffic
14Division occurs, the vacancy shall not be filled. This
15paragraph shall expire on the later of:

16(i) the date of the ratification by the electorate
17of an amendment to the Constitution of Pennsylvania
18abolishing the Philadelphia Traffic Court; or

19(ii) the date of the expiration of the longest term
20of a judge specified in subsection (c)(4).

21(b) General Division.--

22(1) A judge in the General Division must be an attorney
23at law.

24(2) The salary of a judge in the General Division shall
25be as set forth in section 2.1(e) and (i) of the act of
26September 30, 1983 (P.L.160, No.39), known as the Public
27Official Compensation Law.

28(3) The General Division shall exercise full
29jurisdiction of the municipal court under section 1123(a)
30(relating to jurisdiction and venue).

1(c) Traffic Division.--

2(1) A judge in the Traffic Division must:

3(i) be an attorney at law; or

4(ii) <-prior to assuming office, complete a course of
5training and instruction in the duties of the <-offices
6office and pass an examination <-in the course.

7(2) The salary of a judge in the Traffic Division shall
8be as set forth in section 2.1(f) and (i) of the Public
9Official Compensation Law.

10(3) The Traffic Division shall, at the direction of the
11President Judge of the Philadelphia Municipal Court, exercise
12jurisdiction under section 1123(a)(9).

13(4) This subsection shall apply during the terms of all
14judges of the Philadelphia Traffic Court:

15(i) who have been elected prior to January 1, 2014;
16and

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

18(5) A judge identified in paragraph (4) shall, until the
19expiration of the term to which the judge has been elected,
20serve as a judge in the Traffic Division.

21(6) This subsection shall expire on the later of:

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

25(ii) the date of the expiration of the longest term
26of a judge specified in paragraph (4).

<-27(d) Annual report.--The president judge of the Philadelphia
28Municipal Court shall file an annual report with the General
29Assembly regarding the Traffic Division. The report shall
30include how funding was allocated for the Traffic Division, the

1number of cases that came before the Traffic Division and how
2the cases were resolved by the Traffic Division.

3Section 3. Section <-1123(a) of Title 42 1123(a)(1) of Title 
442 is amended and the subsection is amended by adding a
5paragraph to read:

6§ 1123. Jurisdiction and venue.

7(a) General rule.--Except as otherwise prescribed by any
8general rule adopted pursuant to section 503 (relating to
9reassignment of matters), the Philadelphia Municipal Court shall
10have jurisdiction of the following matters:

<-11(1) Summary offenses, except [those within the
12jurisdiction of the Traffic Court of Philadelphia and] those
13arising out of the same episode or transaction involving a
14delinquent act for which a petition alleging delinquency is
15filed under Chapter 63 (relating to juvenile matters).

16* * *

17(9) Prosecutions for summary offenses arising under:

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

19(ii) an ordinance of a political subdivision enacted
20pursuant to Title 75.

21* * *

<-22Section 3.1. Title 42 is amended by adding a section to
23read:

24§ 1127. Hearing officers.

25(a) Appointment.--The President Judge of the Philadelphia
26Municipal Court may appoint hearing officers in proceedings
27under section 1123(a)(9) (relating to jurisdiction and venue).

28(b) Code of conduct.--The Supreme Court shall promulgate a
29code of conduct to govern the conduct of hearing officers and
30provide for regular audits of the conduct of hearing officers.

1(c) Qualifications.--A hearing officer must:

2(1) be an attorney at law; or

3(2) prior to assuming office, complete a course of
4training and instruction in the duties of the office and pass
5an examination.

6Section 4. Section 1302(a) introductory paragraph of Title
742 is amended and the section is amended by adding a subsection
8to read:

9§ 1302. Jurisdiction and venue.

10(a) General rule.--Except as set forth in subsection (a.1) 
11or as otherwise prescribed by any general rule adopted pursuant
12to section 503 (relating to reassignment of matters), each
13traffic court shall have jurisdiction of all prosecutions for
14summary offenses arising under:

15* * *

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

17(1) Except as otherwise prescribed by any general rule 
18adopted pursuant to section 503 (relating to reassignment of 
19matters), each traffic court under Subchapter B (relating to 
20Traffic Court of Philadelphia) shall, at the direction of the 
21President Judge of the Philadelphia Municipal Court, have 
22jurisdiction of all prosecutions for summary offenses arising 
23under:

24(i) Title 75.

25(ii) Any ordinance of any political subdivision
26enacted pursuant to Title 75.

27(2) This subsection shall expire on the later of:

28(i) the date of the ratification by the electorate
29of an amendment to the Constitution of Pennsylvania
30abolishing the Philadelphia Traffic Court; or

1(ii) January 1, 2018.

2* * *

3Section 5. Section 1321 of Title 42 is amended to read:

4§ 1321. Traffic Court of Philadelphia.

5(a) Establishment.--The Traffic Court of Philadelphia shall
6be a court not of record [and shall consist of seven judges].
7The court is established for the City and County of
8Philadelphia.

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

10(1) who are serving on the court on the effective date
11of this subsection; and

12(2) whose terms expire on December 31, 2017.

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

14(1) the date of the ratification by the electorate of an
15amendment to the Constitution of Pennsylvania abolishing the
16Philadelphia Traffic Court; or

17(2) January 1, 2018.

18Section 6. This act shall take effect <-in 60 days 
<-19immediately.