PRINTER'S NO. 2513
No. 1913 Session of 1984
INTRODUCED BY SWEET AND PICCOLA, FEBRUARY 13, 1984
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 1984
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, authorizing misdemeanors
3 to be served or executed on Sundays.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5107 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5107. Service of process on Sunday.
9 (a) General rule.--No process shall be served or executed on
10 a Sunday except in the case of:
11 (1) Felony or misdemeanor.
12 (2) Breach of the peace.
13 (3) Criminal or civil contempt of court in orders
14 relating to support or custody matters.
15 (4) When authorized or directed by the court upon a
16 finding that the exigency of the case is such as to impel the
17 court to suspend the rule against service or execution of
18 process on a Sunday.
1 (5) Any matter where the service or execution of process
2 on a Sunday is expressly authorized by statute.
3 (b) Effect of violation.--Process served or executed in
4 violation of subsection (a) shall be void and the person so
5 serving or executing such process shall be liable to any person
6 aggrieved to the same extent as if the action was taken without
7 any process at all.
8 Section 2. This act shall take effect in 30 days.
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