PRINTER'S NO. 2661
No. 2122 Session of 1981
INTRODUCED BY PETRARCA, SPENCER, HAYES, MANDERINO, CIMINI,
CESSAR, BELFANTI, MRKONIC, DUFFY, L. E. SMITH, CLARK,
LIVENGOOD, KOLTER, LESCOVITZ AND RIEGER, DECEMBER 9, 1981
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 9, 1981
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 precedence of substance over procedure in criminal cases.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42, act of November 25, 1970 (P.L.707,
7 No.230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding a section to read:
9 § 8703. Precedence of substance over procedure.
10 In any criminal proceeding the guilt or innocence of the
11 defendant and other matters of substance shall take precedence
12 over matters of procedure and no sentence given a convicted
13 defendant shall be overturned or reduced because of the
14 subsequent discovery of a procedural defect in the proceedings
15 which bears no relation to the issue of his guilt or innocence.
16 Section 2. This act shall take effect immediately.
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