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PRINTER'S NO. 2196
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1786
Session of
2023
INTRODUCED BY DALEY, SHUSTERMAN, VENKAT, MADDEN, BURGOS,
HOHENSTEIN, BRENNAN, HOWARD, PROBST, GUENST, SANCHEZ, BOYD,
KINSEY, SCHLOSSBERG, BOROWSKI, KINKEAD, DELLOSO AND OTTEN,
OCTOBER 24, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 24, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bases of jurisdiction
and interstate and international procedure, further providing
for assistance to tribunals and litigants outside this
Commonwealth with respect to service and for issuance of
subpoena; in commencement of proceedings, further providing
for authority of officers of another state to arrest in this
Commonwealth; and, in detainers and extradition, further
providing for definitions, for duty of Governor with respect
to fugitives from justice and for presigned waiver of
extradition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5324(a), 5335(b) and 8922 of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 5324. Assistance to tribunals and litigants outside this
Commonwealth with respect to service.
(a) General rule.--[A]
(1) Except as provided under paragraph (2), a court of
record of this Commonwealth may order service upon any person
who is domiciled or can be found within this Commonwealth of
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any document issued in connection with a matter in a tribunal
outside this Commonwealth. The order may be made upon
application of any interested person or in response to a
letter rogatory issued by a tribunal outside this
Commonwealth and shall direct the manner of service.
(2) A court o f record of this Commonwealth shall have no
authority under this section to order service upon any person
for any matter in a tribunal outside of this Commonwealth
involving the provision or delivery of reproductive health
care services.
(3) As used in this subsection, the term "reproductive
health care services" means medical, surgical, counseling or
referral services relating to the human reproductive system,
including services relating to pregnancy, contraception or
the termination of a pregnancy that may be lawfully performed
in this Commonwealth, that are provided in any hospital,
outpatient clinic, physician's office or other medical
facility or office.
* * *
§ 5335. Issuance of subpoena.
* * *
(b) Duty of prothonotary.--[A]
(1) Except as provided under paragraph (2), a
prothonotary in receipt of a foreign subpoena shall, in
accordance with that court's procedure, promptly issue a
subpoena for service upon the person to whom the foreign
subpoena is directed.
(2) A prothonotary shall have no authority under this
section to issue a subpoena for service upon any person for
any matter in a tribunal outside of this Commonwealth
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involving the provision or delivery of reproductive health
care services.
(3) As used in this subsection, the term "reproductive
health care services" means medical, surgical, counseling or
referral services relating to the human reproductive system,
including services relating to pregnancy, contraception or
the termination of a pregnancy that may be lawfully performed
in this Commonwealth, that are provided in any hospital,
outpatient clinic, physician's office or other medical
facility or office.
* * *
§ 8922. Authority of officers of another state to arrest in
this Commonwealth.
[Any] (a) Authority.--Except as provided under subsection
(b), any peace officer of another state who enters this
Commonwealth in close pursuit of a person, and continues within
this Commonwealth in such close pursuit, in order to arrest him,
shall have the same authority to arrest and hold in custody such
person on the ground that he has committed a crime in such state
which is an indictable offense in this Commonwealth as peace
officers of this Commonwealth have to arrest and hold in custody
a person on the ground that he has committed a crime in this
Commonwealth.
(b) Exception.--A peace officer of another state under
subsection (a) shall have no authority to arrest and hold in
custody a person accused of a crime in such state involving
reproductive health care services.
(c) Definition.--As used in this section, the term
"reproductive health care services" means medical, surgical,
counseling or referral services relating to the human
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reproductive system, including services relating to pregnancy,
contraception or the termination of a pregnancy that may be
lawfully performed in this Commonwealth, that are provided in
any hospital, outpatient clinic, physician's office or other
medical facility or office.
Section 2. Section 9122 of Title 42 is amended by adding a
definition to read:
§ 9122. Definitions.
The following words and phrases when used in this subchapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Reproductive health care services." Medical, surgical,
counseling or referral services relating to the human
reproductive system, including services relating to pregnancy,
contraception or the termination of a pregnancy that may be
lawfully performed in this Commonwealth, that are provided in
any hospital, outpatient clinic, physician's office or other
medical facility or office.
* * *
Section 3. Sections 9123 and 9146.1 of Title 42 are amended
to read:
§ 9123. Duty of Governor with respect to fugitives from
justice.
[Subject] (a) Duty.--Except as provided under subsection (b)
and subject to the provisions of this subchapter, the provisions
of the Constitution of the United States controlling, and any
and all acts of Congress enacted in pursuance thereof, it is the
duty of the Governor of this Commonwealth to have arrested and
delivered up to the executive authority of any other state of
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the United States any person charged in that state with treason,
felony or other crime, who has fled from justice and is found in
this Commonwealth.
(b) Exception.--The Governor shall have no authority to have
arrested and delivered up to the executive authority of any
other state of the United States any person charged in that
state with treason, felony or other crime, who has fled from
justice and is found in this Commonwealth for a criminal offense
of another state involving the provision or delivery of
reproductive health care services that would be lawful under the
laws of this Commonwealth.
§ 9146.1. Presigned waiver of extradition.
(a) Delivery.--Notwithstanding any other provision of law
and except as provided under subsection (b), a law enforcement
agency in this Commonwealth holding a person who is alleged to
have broken the terms of his probation, parole, bail or any
other release in the demanding state shall immediately deliver
that person to the duly authorized agent of the demanding state
without the requirement of a Governor's warrant if all of the
following apply:
(1) The person has signed a prior waiver of extradition
as a term of his current probation, parole, bail or other
release in the demanding state.
(2) The law enforcement agency holding the person has
received an authenticated copy of the prior waiver of
extradition signed by the person and photographs or
fingerprints or other evidence properly identifying the
person as the person who signed the waiver.
(3) All open criminal charges in this Commonwealth have
been disposed of through trial and sentencing.
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(b) Exception.--A law enforcement agency in this
Commonwealth holding a person who is alleged to have broken the
terms of the person's probation, parole, bail or any other
release in the demanding state for an offense involving the
provision or delivery of reproductive health care services that
would be lawful under the laws of this Commonwealth shall have
no authority to deliver that person to the duly authorized agent
of the demanding state without the requirement of a Governor's
warrant.
Section 4. This act shall take effect in 60 days.
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