PRINTER'S NO. 3892
No. 2818 Session of 1998
INTRODUCED BY ZUG, GANNON, FARGO, HERSHEY, GEIST, CLARK, RUBLEY,
STERN, SEMMEL, HALUSKA, ROSS AND RAMOS, SEPTEMBER 29, 1998
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the removal
3 of a constable from office; and making a repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 2942.1. Removal from office.
9 (a) Grounds for removal.--
10 (1) A constable shall not be removed from office except
11 for the following reasons:
12 (i) Physical or mental disability affecting the
13 constable's ability to carry out the duties of office.
14 (ii) Neglect or violation of any official duty.
15 (iii) Commission of a misdemeanor or felony.
16 (iv) Inefficiency, neglect, intemperance or conduct
17 unbecoming a constable.
18 (v) Intoxication while performing official duties.
1 (2) A constable shall not be removed for religious,
2 racial or political reasons.
3 (b) Investigation by district attorney.--The district
4 attorney of the county wherein the constable performs official
5 duties may on the district attorney's own initiative or upon
6 complaint of any person undertake an investigation of the
7 conduct of a constable.
8 (c) Petition.--If upon investigation the district attorney
9 finds cause to believe that subsection (a) applies to the
10 conduct of a constable, the district attorney shall file a
11 petition in the court of common pleas for removal of the
12 constable from office.
13 (d) Hearing.--If after a hearing on the petition, the court
14 finds substantial evidence exists to support the petition of the
15 district attorney, it shall order the removal of the constable
16 from office. If the court finds that substantial evidence does
17 not exist, it shall dismiss the petition.
18 (e) Appointment of successor.--If the court orders the
19 removal of a constable from office, it shall appoint a qualified
20 person to perform the duties of constable for the unexpired
21 term.
22 Section 2. Section 14 of the act of May 27, 1841 (P.L.400,
23 No.141), entitled "An act relating to the Election of County
24 Treasurers, and for other purposes," is repealed.
25 Section 3. This act shall take effect in 60 days.
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