Regular Session 2015-2016 House Bill 1908 P.N. 2996

PRINTER'S NO. 2996

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1908

Session of

2015

INTRODUCED BY THOMAS, V. BROWN, ROZZI, KINSEY AND COHEN,

MARCH 18, 2016

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2016

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in general provisions,

further providing for definitions; in community and municipal

courts, further providing for Philadelphia Municipal Court;

and, in traffic courts, further providing for jurisdiction

and venue; and repealing provisions regarding Traffic Court

of Philadelphia.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "Traffic Court of Philadelphia"

in section 102 of Title 42 of the Pennsylvania Consolidated

Statutes is amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Traffic Court of Philadelphia." [Any of the following:

(1)] The Traffic Division under section 1121(c)

(relating to Philadelphia Municipal Court). This paragraph

includes the predecessor of the Traffic Division.

[(2) The Traffic Court of Philadelphia under section

1321(b) (relating to Traffic Court of Philadelphia). This

paragraph includes the predecessor of the Traffic Court of

Philadelphia.]

* * *

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

§ 1121. Philadelphia Municipal Court.

(a) Organization.--The Philadelphia Municipal Court shall be

organized as follows:

(1) The General Division shall consist of 27 judges.

(1.1) The Traffic Division shall consist of seven judges

as follows:

(i) The judges serving in the Traffic Division on

the effective date of this paragraph.

(ii) As many more judges as necessary to achieve the

full complement of seven judges after taking into

consideration the number of judges under subparagraph

(i).

(2) [The Traffic Division shall consist of four judges

elected to the Traffic Court of Philadelphia prior to the

effective date of this paragraph. If a vacancy in the Traffic

Division occurs, the vacancy shall not be filled. This

paragraph shall expire on the later of:

(i) the date of the ratification by the electorate

of an amendment to the Constitution of Pennsylvania

abolishing the Philadelphia Traffic Court; or

(ii) the date of the expiration of the longest term

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of a judge specified in subsection (c)(4).] A vacancy in

the Traffic Division shall be filled subject to section

3132 (relating to vacancies in office) and section 602 of

the act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code.

(b) General Division.--

(1) A judge in the General Division must be an attorney

at law.

(2) The salary of a judge in the General Division shall

be as set forth in section 2.1(e) and (i) of the act of

September 30, 1983 (P.L.160, No.39), known as the Public

Official Compensation Law.

(3) The General Division shall exercise full

jurisdiction of the municipal court under section [1123(a)]

1123(a)(1), (2), (3), (4), (5), (6), (7), and (8) (relating

to jurisdiction and venue).

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

(i) be an attorney at law; or

(ii)], prior to assuming office, complete a course of

training and instruction in the duties of the office and

pass an examination.

(2) The salary of a judge in the Traffic Division shall

be as set forth in section 2.1(f) and (i) of the Public

Official Compensation Law.

(3) The Traffic Division shall, at the direction of the

President Judge of the Philadelphia Municipal Court, exercise

jurisdiction under section 1123(a)(9).

(4) This subsection shall apply [during the terms of] to

all judges of the Philadelphia Traffic Court:

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

and

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

(5) A judge identified in paragraph (4) shall, until the

expiration of the term to which the judge has been elected,

serve as a judge in the Traffic Division.

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

(i) the date of the ratification by the electorate

of an amendment to the Constitution of Pennsylvania

abolishing the Philadelphia Traffic Court; or

(ii) the date of the expiration of the longest term

of a judge specified in paragraph (4).]

(d) Annual report.--The President Judge of the Philadelphia

Municipal Court shall file an annual report with the General

Assembly regarding the Traffic Division. The report shall

include how funding was allocated for the Traffic Division, the

number of cases that came before the Traffic Division and how

the cases were resolved by the Traffic Division.

Section 3. Section 1302(a) introductory paragraph and (a.1)

of Title 42 are amended to read:

§ 1302. Jurisdiction and venue.

(a) General rule.--Except [as set forth in subsection (a.1)

or] as otherwise prescribed by any general rule adopted pursuant

to section 503 (relating to reassignment of matters), each

traffic court shall have jurisdiction of all prosecutions for

summary offenses arising under:

* * *

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

(1) Except as otherwise prescribed by any general rule

adopted pursuant to section 503, each traffic court under

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Subchapter B (relating to Traffic Court of Philadelphia)

shall, at the direction of the President Judge of the

Philadelphia Municipal Court, have jurisdiction of all

prosecutions for summary offenses arising under:

(i) Title 75.

(ii) Any ordinance of any political subdivision

enacted pursuant to Title 75.

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

(i) the date of the ratification by the electorate

of an amendment to the Constitution of Pennsylvania

abolishing the Philadelphia Traffic Court; or

(ii) January 1, 2018.]

* * *

Section 4. Section 1321 of Title 42 is repealed:

[§ 1321. Traffic Court of Philadelphia.

(a) Establishment.--The Traffic Court of Philadelphia shall

be a court not of record. The court is established for the City

and County of Philadelphia.

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

(1) who are serving on the court on the effective date

of this subsection; and

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

(1) the date of the ratification by the electorate of an

amendment to the Constitution of Pennsylvania abolishing the

Philadelphia Traffic Court; or

(2) January 1, 2018.]

Section 5. This act shall take effect immediately.

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