PRINTER'S NO. 1539
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1399
Session of
2021
INTRODUCED BY D. MILLER, FREEMAN, N. NELSON, McNEILL,
HOHENSTEIN, HILL-EVANS, SCHLOSSBERG, LEE, SOLOMON, A. DAVIS,
DELLOSO, GUENST, SANCHEZ AND SIMS, MAY 17, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MAY 17, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in selection and
retention of judicial officers, further providing for content
of course of instruction and examination and for continuing
education requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3113 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
§ 3113. Content of course of instruction and examination.
* * *
(c) Specific topics of instruction.--The course of training
and instruction shall specifically include:
(1) Information regarding the awareness, support,
treatment and diversionary options relating to mental health,
intellectual disabilities, autism and addiction.
(2) Instruction on the imposition and collection of
fines, costs and restitution in summary cases, including the
following topics:
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(i) Properly evaluating a defendant's ability to
pay.
(ii) Setting affordable payment plans.
(iii) Possible collection methods.
(iv) Alternatives to payment.
(v) Proper procedures when a defendant does not pay.
(vi) Sentencing options if a defendant willfully
does not pay.
(vii) The right to appeal.
(viii) The right to counsel.
(3) Information regarding the following:
(i) Adolescent development.
(ii) At-risk behaviors and causes.
(iii) The intersection of dependency and
delinquency.
(iv) Positive behavior tools and juvenile-specific
resources designed to improve outcomes for individuals
under 18 years of age.
(d) Public information.--All materials for the course of
training and instruction shall be made available on the publicly
accessible Internet website of the board.
Section 2. Section 3118(a)(1) of Title 42, amended July 14,
2020 (P.L.624, No.59), is amended to read:
§ 3118. Continuing education requirement.
(a) Magisterial district judges.--
(1) Every magisterial district judge shall complete a
continuing education program each year equivalent to not less
than 32 hours per year in such courses or programs as are
approved by the board. The following apply:
(i) One such course must be in the identification
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and reporting of suspected child abuse as defined by 23
Pa.C.S. Ch. 63 (relating to child protective services)
and court proceedings involving children. [At least every
six years, the program shall include the identification
of mental illness, intellectual disabilities and autism
and the availability of diversionary options for
individuals with mental illness, intellectual
disabilities or autism.]
(ii) Annual training topics shall specifically
include:
(A) Information regarding the awareness,
support, treatment and diversionary options relating
to mental health, intellectual disabilities, autism
and addiction.
(B) Instruction on the imposition and collection
of fines, costs and restitution in summary cases,
including the following topics and any updates on
relevant rules and case law:
(I) Properly evaluating a defendant's
ability to pay.
(II) Setting affordable payment plans.
(III) Possible collection methods.
(IV) Alternatives to payment.
(V) Proper procedures when a defendant does
not pay.
(VI) Sentencing options if a defendant
willfully does not pay.
(VII) The right to appeal.
(VIII) The right to counsel.
(C) Information regarding the following:
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(I) Adolescent development.
(II) At-risk behaviors and causes.
(III) The intersection of dependency and
delinquency.
(IV) Positive behavior tools and juvenile-
specific resources designed to improve outcomes
for individuals under 18 years of age.
(iii) All materials regarding the topics under
subparagraph (ii) shall be made available on the publicly
accessible Internet website of the board.
* * *
Section 3. This act shall take effect in 60 days.
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