Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | March 25, 2021 12:00 PM |
|---|---|
| From: | Representative Tracy Pennycuick |
| To: | All House members |
| Subject: | Prohibits Those with Criminal Convictions and Sex Offenders from serving as Constables and Increase Surcharge |
In 2013 House Resolution 138 passed the House authorizing the Joint State Government Commission (JSGC) to conduct a comprehensive study of all aspects concerning constables in Pennsylvania. The JSGC issued recommendations to improve accountability, qualifications, training and professionalism of constables. To that end, this bill will include two of the more basic recommendations from the Constables in Pennsylvania: Proposed Statutory Reforms study. First, the bill will prohibit those with criminal convictions and registered sex offenders from serving as Pennsylvania State Constables and second, the bill will increase the surcharge fee in each case before a magisterial district judge from $5 to $10. This fee is NOT paid by tax monies but rather the defendant and/or plaintiff in each case. Currently, one simply needs to be elected or appointed to serve as a constable. Constables serve an important role in our justice system and wield significant power over the public they serve. Unfortunately, there have been examples of misconduct among constables. For example, a constable was charged with statutory sexual assault of a 15 year old girl and another shot and paralyzed a man over an unpaid parking ticket. These stories are just a couple of the shocking examples of the horrific behavior some in the constable ranks have shown. Based on the recommendations of the JSGC, a good starting point to reign in some of this behavior is to prohibit those with criminal convictions and sex offenders from serving as constables. Next, the bill includes a fee increase that is vital to ensure the financial viability of the Constables Fund. Under Act 49 of 2009, the Pennsylvania Commission on Crime and Delinquency (PCCD) is required to house the Constables’ Education and Training Board to train and certify constables and deputy constables through its Constables’ Education Training Program. PCCD provides oversight and staff support to the Constables’ Education and Training Board. Despite the Board’s best efforts to conserve, the expenditures to train constables have exceeded the revenue collected in the Constables’ Fund over the past decade. This fee has not been increased in 20 years and will soon be exhausted. Yearly training hours have had to decrease as a result of lack of funding, to include elimination of some classroom hours, entirely eliminated optional trainings, eliminated firearms training, and reduced the number of locations to train, causing constables to have to travel long distances to recertify. To be clear, this bill is a first step to improve accountability, qualifications, training and professionalism of constables and also provide the funding needed to continue training. Please join me in cosponsoring this important legislation. |