PRIOR PRINTER'S NOS. 2773, 2792               PRINTER'S NO. 2895

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2184 Session of 1980


        INTRODUCED BY MESSRS. SPENCER, BERSON, W. D. HUTCHINSON, PICCOLA
           AND D. M. FISHER, JANUARY 25, 1980

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           FEBRUARY 13, 1980

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     jurisdiction of the Supreme Court of Pennsylvania.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 722 of Title 42, act of November 25, 1970
     7  (P.L.707, No.230), known as the Pennsylvania Consolidated
     8  Statutes, is amended to read:
     9  § 722.  Direct appeals from courts of common pleas.
    10     The Supreme Court shall have exclusive jurisdiction of
    11  appeals from final orders of the courts of common pleas in the
    12  following classes of cases:
    13         (1)  [Felonious homicide.] Matters prescribed by general
    14     rule.
    15         (2)  The right to public office.
    16         (3)  [Matters decided in the orphans' court division.]
    17     Matters where the qualifications, tenure or right to serve,


     1     or the manner of service, of any member of the judiciary is
     2     drawn in question.
     3         (4)  [Direct criminal contempt in the courts of common
     4     pleas and other contempt proceedings in the courts of common
     5     pleas relating to orders which are appealable directly to the
     6     Supreme Court.] Automatic review of sentences as provided by
     7     18 Pa.C.S. § 1311(h) (relating to review of death sentence).
     8         (5)  Supersession of a district attorney by an Attorney
     9     General or by a court.
    10         (6)  Matters where the right or power of the Commonwealth
    11     or any political subdivision to create or issue indebtedness
    12     is drawn in direct question.
    13         (7)  Matters where the court of common pleas has held
    14     invalid as repugnant to the Constitution, treaties or laws of
    15     the United States, or to the Constitution of this
    16     Commonwealth, any treaty or law of the United States or any
    17     provision of the Constitution of, or of any statute of, this
    18     Commonwealth, or any provision of any home rule charter.
    19         (8)  Matters where the right to practice law is drawn in
    20     direct question. [or where the matter has been initiated by
    21     the agency vested with the power to discipline or recommend
    22     the discipline of attorneys at law.]
    23     Section 2.  Section 723 of Title 42 is amended to read:        <--
    24  § 723.  Appeals from Commonwealth Court.
    25     [(a)  General rule.--]The Supreme Court shall have exclusive
    26  jurisdiction of appeals from final orders of the Commonwealth
    27  Court entered in any matter which was originally commenced in
    28  said court and which does not constitute an appeal to the
    29  Commonwealth Court from another court, a district justice or
    30  another government unit.
    19800H2184B2895                  - 2 -

     1     [(b)  Board of Finance and Revenue matters.--Any final order
     2  of the Commonwealth Court entered in any appeal from a decision
     3  of the Board of Finance and Revenue shall be appealable to the
     4  Supreme Court, as of right, under this section.]
     5     Section 3 2.  This act shall take effect in 60 days.           <--

















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