A01292
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1008
Session of
2017
INTRODUCED BY PYLE, CALTAGIRONE, J. HARRIS, D. COSTA, MILLARD,
V. BROWN AND GROVE, MARCH 28, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 9, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, IN MARRIAGE LICENSE, REPEALING
PROVISIONS RELATING TO WAITING PERIOD AFTER APPLICATION AND
FURTHER PROVIDING FOR ISSUANCE OF LICENSE; AND, in marriage
ceremony, further providing for persons qualified to
solemnize marriages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1503(a)(5.1) of Title 23 of the
Pennsylvania Consolidated Statutes is amended to read:
SECTION 1. SECTION 1303 OF TITLE 23 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS REPEALED:
[§ 1303. WAITING PERIOD AFTER APPLICATION.
(A) GENERAL RULE.--NO MARRIAGE LICENSE SHALL BE ISSUED PRIOR
TO THE THIRD DAY FOLLOWING THE MAKING OF APPLICATION THEREFOR.
(B) EXCEPTIONS.--THE COURT MAY AUTHORIZE A LICENSE TO BE
ISSUED AT ANY TIME AFTER THE MAKING OF THE APPLICATION IN THE
FOLLOWING CASES:
(1) IN CASE OF EMERGENCY OR EXTRAORDINARY CIRCUMSTANCES.
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(2) IF AN APPLICANT IS A MEMBER OF THE PENNSYLVANIA
NATIONAL GUARD OR OTHER RESERVE COMPONENT OF THE ARMED FORCES
OF THE UNITED STATES AND IS CALLED OR ORDERED TO ACTIVE DUTY
WITH THE ARMED FORCES OF THE UNITED STATES.]
SECTION 2. SECTIONS 1307 AND 1503(A)(5.1) 1503(a)(2) and
(5.1) OF TITLE 23 ARE AMENDED TO READ:
§ 1307. ISSUANCE OF LICENSE.
THE MARRIAGE LICENSE SHALL BE ISSUED [IF IT APPEARS FROM]
IMMEDIATELY FOLLOWING THE SUBMISSION OF PROPERLY COMPLETED
APPLICATIONS ON BEHALF OF EACH OF THE PARTIES TO THE PROPOSED
MARRIAGE [THAT] IF THERE IS NO LEGAL OBJECTION TO THE MARRIAGE.
[EXCEPT AS PROVIDED BY SECTION 1303(B) (RELATING TO WAITING
PERIOD AFTER APPLICATION), THE LICENSE SHALL NOT BE ISSUED PRIOR
TO THE THIRD DAY FOLLOWING THE DATE OF THE MOST RECENT OF THE
TWO APPLICATIONS THEREFOR.]
§ 1503. Persons qualified to solemnize marriages.
(a) General rule.--The following are authorized to solemnize
marriages between persons that produce a marriage license issued
under this part:
* * *
(2) A former or retired justice, judge or magisterial
district judge of this Commonwealth who is serving as a
senior judge or senior magisterial district judge as provided
or prescribed by law; or not serving as a senior judge or
senior magisterial district judge but meets the following
criteria:
(i) has served as a magisterial district judge,
judge or justice[, whether or not continuously or on the
same court,] by election or appointment [for an aggregate
period equaling a full term of office];
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(ii) has not been defeated for reelection or
retention;
(iii) has not been convicted of, pleaded nolo
contendere to or agreed to an Accelerated Rehabilitative
Disposition or other probation without verdict program
relative to any misdemeanor or felony offense under the
laws of this Commonwealth or an equivalent offense under
the laws of the United States or one of its territories
or possessions, another state, the District of Columbia,
the Commonwealth of Puerto Rico or a foreign nation;
(iv) has not resigned a judicial commission to avoid
having charges filed or to avoid prosecution by Federal,
State or local law enforcement agencies or by the
Judicial Conduct Board;
(v) has not been removed from office by the Court of
Judicial Discipline; and
(vi) is a resident of this Commonwealth.
* * *
(5.1) A former mayor of a city or borough of this
Commonwealth who:
(i) has not been defeated for reelection;
(ii) has not been convicted of, pleaded nolo
contendere to or agreed to an Accelerated Rehabilitative
Disposition or other probation without verdict program
relative to a misdemeanor or felony offense under the
laws of this Commonwealth or an equivalent offense under
the laws of the United States or any one of its
possessions, another state, the District of Columbia, the
Commonwealth of Puerto Rico or a foreign nation;
(iii) has not resigned the position of mayor to
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avoid having charges filed or to avoid prosecution by
Federal, State or local law enforcement agencies;
(iv) has served as a mayor, whether continuously or
(IV) HAS EITHER:
(A) SERVED AS A MAYOR, WHETHER CONTINUOUSLY OR
not, by election for an aggregate of a full term in
office; [and]
(v) has resigned the position of mayor without
OR
(B) RESIGNED THE POSITION OF MAYOR WITHOUT
completing a full term in office in order to hold a
new Federal, State or local office; and
[(v)] (vi) is a resident of this Commonwealth.
* * *
Section 2 3. This act shall take effect in 60 days.
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