PRIOR PRINTER'S NO. 679 PRINTER'S NO. 2694
No. 628 Session of 1987
INTRODUCED BY SWEET, LASHINGER, DeLUCA, PRESSMANN, FOX, FEE,
BORTNER, PETRARCA, LaGROTTA, HALUSKA, MELIO, STABACK,
COLAFELLA, KUKOVICH, LAUGHLIN, KASUNIC, WOGAN, VEON, STUBAN,
VAN HORNE, OLASZ, BLAUM, MICHLOVIC, GEIST, J. L. WRIGHT,
COHEN, BALDWIN, PRESTON, ROBBINS, SCHULER, COY, RYBAK,
MICOZZIE, HAGARTY, ANGSTADT, GODSHALL, CLYMER, ARTY, HONAMAN,
McCALL, MERRY, DORR, BOYES, TRELLO, SAURMAN, LEVDANSKY AND
CALTAGIRONE, MARCH 3, 1987
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 5, 1988
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to constables.
4 AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 75 <--
5 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, ADDING
6 PROVISIONS RELATING TO CONSTABLES.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definitions of "administrative staff," <--
10 "county staff" and "officer enforcing orders" in section 102 of
11 Title 42 of the Pennsylvania Consolidated Statutes are amended
12 and the section is amended by adding a definition to read:
13 § 102. Definitions.
14 Subject to additional definitions contained in subsequent
15 provisions of this title which are applicable to specific
16 provisions of this title, the following words and phrases when
1 used in this title shall have, unless the context clearly
2 indicates otherwise, the meanings given to them in this section:
3 * * *
4 "Administrative staff." All individuals employed in the
5 business of a court, including the personnel of the office of
6 the clerk of the court of common pleas, but the term does not
7 include judicial officers or their personal staff. The term
8 includes the clerks or prothonotaries of the Supreme Court, the
9 Superior Court and the Commonwealth Court and their staffs, and
10 constables and their deputies.
11 * * *
12 "Constable." A constable elected or appointed pursuant to
13 Subchapter C of Chapter 29 (relating to constables).
14 * * *
15 "County staff." System and related personnel elected by the
16 electorate of a county or subject to appointment and removal by
17 officers, other than judicial officers, so elected. The term
18 does not include judicial officers or constables and their
19 deputies.
20 * * *
21 "Officer enforcing orders." Includes:
22 (1) A recorder of deeds when the order affects the
23 ownership of an interest in property described or describable
24 by a document which has been or may be filed or recorded in
25 his office, or which relates to the indexing of documents
26 filed or recorded in his office.
27 (2) A register of wills.
28 (3) A sheriff.
29 (4) A constable.
30 * * *
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1 Section 2. Section 1722(a) of Title 42 is amended to read:
2 § 1722. Adoption of administrative and procedural rules.
3 (a) General rule.--The governing authority shall have the
4 power to prescribe and modify general rules governing:
5 (1) Practice, procedure and the conduct of all courts,
6 district justices and all officers serving process or
7 enforcing orders of any court or district justice and for
8 admission to the bar and to practice law, and the
9 administration of all courts and the supervision of all
10 officers of the judicial branch, if such rules are consistent
11 with the Constitution of Pennsylvania and neither abridge,
12 enlarge nor modify the substantive rights of any litigant,
13 nor affect the right of the General Assembly to determine the
14 jurisdiction of any court or district justice, nor suspend
15 nor alter any statute of limitation or repose. All statutes
16 shall be suspended to the extent that they are inconsistent
17 with rules prescribed under this paragraph.
18 (2) The prescription of canons of ethics applicable to
19 judges and district justices and the prescription of rules or
20 canons applicable to the activities of all other personnel of
21 the system.
22 (3) Procedure under section 18 of Article V of the
23 Constitution of Pennsylvania and Subchapter C of Chapter 33
24 (relating to discipline and removal by Judicial Inquiry and
25 Review Board).
26 (4) Procedure under section 18 of Article V of the
27 Constitution of Pennsylvania for the suspension, removal,
28 discipline and compulsory retirement of district justices.
29 (5) Any matter which is specifically authorized by
30 statute to be governed by general rules.
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1 (6) Administration of constables, including
2 registration, identification cards and standardized badges
3 and uniforms.
4 A governing authority other than the Supreme Court shall not
5 have power to prescribe general rules for assignment or
6 reassignment of classes of matters among the several courts and
7 district justices under section 503 (relating to reassignment of
8 matters) or otherwise.
9 * * *
10 Section 3. Chapter 21 of Title 42 is amended by adding a
11 subchapter to read:
12 CHAPTER 21
13 JUDICIAL BOARDS AND COMMISSIONS
14 * * *
15 SUBCHAPTER G
16 CONSTABLE EDUCATION BOARD
17 Sec.
18 2161. Constable Education Board.
19 2162. Composition of board.
20 2163. Organization.
21 2164. Staff.
22 2165. Powers and duties.
23 § 2161. Constable Education Board.
24 (a) General rule.--The Constable Education Board shall
25 consist of nine members as provided in this subchapter.
26 (b) Seal.--The board shall have a seal engraved with its
27 name and such other inscriptions as may be specified by general
28 rule. A facsimile or preprinted seal may be used for all
29 purposes in lieu of the original seal.
30 § 2162. Composition of board.
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1 (a) General rule.--The Constable Education Board shall
2 consist of the following members appointed by the Governor with
3 the consent of a majority of the members elected to the Senate:
4 (1) Three persons who shall be constables.
5 (2) Two persons who shall be district justices.
6 (3) One person who shall be a judge of a court of common
7 pleas.
8 (4) One person who shall be an administrator of a court
9 of common pleas.
10 (5) One person who shall be a nonlawyer elector.
11 (6) One person who shall be a nonjudge member of the bar
12 of this Commonwealth.
13 (b) Terms of office.--The members of the board shall serve
14 for terms of six years and until a successor has been appointed
15 and qualified. A vacancy on the board shall be filled for the
16 balance of the term.
17 (c) Compensation.--Members of the board shall be paid $60
18 for each day or part thereof upon which the member attends a
19 board meeting or performs any duty assigned by the chairman.
20 Members shall be reimbursed for reasonable traveling and other
21 accountable expenses incurred incident to such attendance and
22 assigned duty.
23 § 2163. Organization.
24 Annually, the Constable Education Board shall elect a
25 chairman and other officers of the board, who shall hold office
26 at the pleasure of the board. The board shall act only with the
27 concurrence of a majority of its members. A quorum of the board
28 shall consist of five members.
29 § 2164. Staff.
30 The Administrative Office shall provide such staff assistance
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1 as the Constable Education Board may require.
2 § 2165. Powers and duties.
3 The Constable Education Board shall exercise the powers and
4 perform the duties vested in and imposed upon the board by
5 Subchapter C of Chapter 29 (relating to constables) and any
6 other powers and duties vested in and imposed upon the board by
7 law.
8 Section 4. Chapter 29 of Title 42 is amended by adding a
9 subchapter to read:
10 CHAPTER 29
11 OFFICERS SERVING PROCESS AND
12 ENFORCING ORDERS
13 * * *
14 SUBCHAPTER C
15 CONSTABLES
16 [(Reserved)]
17 Sec.
18 2941. Election.
19 2942. Qualifications for office.
20 2943. Vacancies and removal from office.
21 2944. Compatible and incompatible offices and activities.
22 2945. Education and training.
23 2946. Deputy constables.
24 2947. Bonds.
25 ADMINISTRATIVE AND FINANCIAL MATTERS
26 2951. Local supervision.
27 2952. Priority of constable business.
28 2953. Records.
29 2954. Registration and identification cards.
30 2955. Uniforms.
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1 2956. Compensation and expenses generally.
2 2957. Fees.
3 2958. Assessment of fees in certain criminal cases resulting
4 in discharge of the defendant.
5 2959. Educational fee assessment.
6 2960. Distribution of process outside the judicial district.
7 POWERS AND DUTIES
8 2965. Service of process.
9 2966. Police powers in certain municipalities.
10 2967. Transportation of prisoners and others.
11 2968. Protection of district justice.
12 2969. Election day powers.
13 2970. Acceptance of security.
14 2971. Additional powers and duties.
15 2972. Recovery of certain vehicle registration cards and plates
16 and licenses.
17 2973. Constables' returns.
18 2974. Return of subpoenas.
19 2975. Approval of bills for services.
20 § 2941. Election.
21 There shall be one constable for each ward in cities of the
22 second class, second class A and third class; one constable for
23 each ward of a borough which is divided into wards; one
24 constable for each borough which is not divided into wards; one
25 constable for each incorporated town; two constables for each
26 township of the first class; and one constable for each township
27 of the second class. Constables shall be elected for terms of
28 six years.
29 § 2942. Qualifications for office.
30 Each candidate for the office of constable shall be at least
19870H0628B2694 - 7 -
1 18 years of age and shall be a resident of the borough, ward,
2 town or township from which he was elected. A constable shall be
3 disqualified from continuing to hold the office if, during his
4 term of office, he becomes a resident of a borough, ward, town
5 or township other than the one from which he was elected.
6 § 2943. Vacancies and removal from office.
7 (a) Disqualification and removal from office.--
8 (1) Any person convicted of a felony or misdemeanor,
9 except misdemeanors committed under Title 75 (relating to
10 vehicles), shall be disqualified from seeking or holding the
11 office of constable.
12 (2) A constable convicted of a felony or misdemeanor
13 other than a misdemeanor committed under Title 75 shall be
14 suspended from his duties by the president judge having local
15 supervisory authority over such constable upon initial
16 conviction. After all appeals are finally exhausted, the
17 suspension shall result in immediate removal from office if
18 the conviction stands and the resulting vacancy shall be
19 filled pursuant to subsection (b). If the constable is
20 acquitted, the suspension shall be lifted.
21 (3) The courts of common pleas shall develop rules
22 providing for the suspension, discipline or removal of
23 constables. A constable may be removed from office after a
24 hearing in the court of common pleas of the judicial district
25 embracing the district for which the constable is elected or
26 appointed, upon a finding that the constable was incompetent
27 or negligent in the performance of his duties, or that the
28 constable had failed to meet the requirements of this
29 subchapter.
30 (b) Filling of vacancies.--If the office of constable
19870H0628B2694 - 8 -
1 becomes vacant for any reason, the president judge of the
2 judicial district in which the vacancy exists shall appoint a
3 qualified person to fill the vacancy. The person so appointed
4 shall hold office until the first Monday in January after the
5 municipal election occurring more than 60 days after the vacancy
6 occurs, at which election an eligible person shall be elected
7 for the unexpired term.
8 § 2944. Compatible and incompatible offices and activities.
9 (a) Compatible activities.--Nothing in this title or any
10 other statute shall be construed to prohibit a constable from
11 engaging in the following activities:
12 (1) School security duties.
13 (2) Municipal security duties pursuant to the act of
14 January 14, 1952 (1951 P.L.2016, No.561), entitled "An act
15 providing for supplementing the police forces of cities,
16 boroughs, towns and townships, for the appointment, powers
17 and control of auxiliary police therein, and for the transfer
18 during disasters and emergencies of such auxiliary police,
19 members of the regular police forces, and police equipment
20 thereof."
21 (3) Traffic duty at special events.
22 (b) Incompatible offices and activities.--The following
23 offices and activities are incompatible with the office of
24 constable:
25 (1) District attorney.
26 (2) Assistant district attorney.
27 (3) County treasurer.
28 (4) Prothonotary.
29 (5) Clerk of the courts.
30 (6) Private detective.
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1 (7) Police officer except as provided in section 2966
2 (relating to police powers in certain municipalities).
3 (8) Any other position in the unified judicial system.
4 (9) Private collection agent.
5 (10) Bail bondsman.
6 (11) Sheriff.
7 § 2945. Education and training.
8 (a) Course of instruction.--Constables shall complete a
9 course of training and instruction in the duties of their office
10 as prescribed by the Constable Education Board and shall
11 successfully pass an examination prior to assuming the duties of
12 office if elected or within six months after being elected or
13 upon taking office pursuant to an appointment to fill a vacancy.
14 The board shall make the course of instruction available at
15 times determined by it so as to insure that any constable to be
16 elected or appointed may qualify to assume office as soon as
17 possible. The board shall instruct the Pennsylvania Commission
18 on Crime and Delinquency to conduct the course at such times, at
19 such places and in such manner as it shall prescribe.
20 (b) Admission of interested persons.--In addition to those
21 required by this section to complete the course of training and
22 instruction and successfully pass an examination, any interested
23 person may apply to the board to be enrolled in the course of
24 instruction and take the examination, subject to rules and
25 regulations as the Administrative Office with the approval of
26 the board may determine, which shall include, but not be limited
27 to, a reasonable fee for the instruction or examination which
28 shall be reimbursed by the board if the person is elected or
29 appointed to the office of constable within one year of
30 successful completion of the course.
19870H0628B2694 - 10 -
1 (c) Completion of course.--Upon the successful completion of
2 the course of training, instruction and examination, the
3 Administrative Office shall issue a certificate in the form
4 prescribed by the board, certifying that such person is
5 qualified to perform his duties as required by this subchapter.
6 The certificate shall be filed in the office of the clerk of the
7 court of common pleas of the judicial district in which the
8 constable resides. In the event that an elected or appointed
9 constable fails to obtain and file the certificate in the proper
10 office within six months after his election or appointment, the
11 office of constable shall be deemed vacant and the vacancy
12 filled as provided in section 2943 (relating to vacancies and
13 removal from office).
14 (d) Lethal weapons training.--Constables shall complete a
15 course of training and instruction in the use of firearms as
16 prescribed by the board and shall successfully pass an
17 examination in order to carry or use a firearm in the
18 performance of their duties. The board may waive these
19 requirements or any portion thereof upon the demonstration by
20 the constable that he has taken and successfully completed a
21 comparable training program. The board may, by regulation,
22 require periodic retraining in the use of firearms.
23 (e) Continuing education program.--The board shall develop a
24 course of continuing education for constables. Attendance at the
25 program shall not be required as a condition of holding the
26 office of constable.
27 (f) Cost.--The cost of training and instruction and all
28 other education programs and examinations required by this
29 section shall be paid by the Commonwealth.
30 (g) Regulations.--The Administrative Office shall, with the
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1 approval of the board, have the power to promulgate such
2 regulations as are necessary to carry out its duties under this
3 subchapter.
4 § 2946. Deputy constables.
5 (a) Number of deputies.--The Administrative Office shall
6 undertake a study of the current and projected case loads within
7 each judicial district, and shall determine the maximum number
8 of deputy constables needed for each judicial district. The
9 Administrative Office shall promulgate regulations establishing
10 the maximum number of deputies which can be appointed in each
11 judicial district. This number shall not be less than the number
12 of constables in each judicial district.
13 (b) Appointment.--A constable may request, upon a
14 demonstration of need, authorization from the president judge
15 having local supervisory authority over such constable to
16 appoint one or more deputies. The number of deputies appointed
17 shall not exceed the number of deputies authorized to be
18 appointed in each judicial district. The president judge shall
19 approve the appointment of deputies and their allocation among
20 the magisterial districts.
21 (c) Qualifications.--A deputy constable shall be subject to
22 the same standards and training required of an elected constable
23 and shall present evidence of having met those requirements
24 prior to his appointment. A deputy so appointed shall be the
25 agent of the constable and shall be regulated or supervised by
26 the constable and removed by him for just cause. Any deputy may
27 also be suspended, disciplined or removed by the court pursuant
28 to section 2943 (relating to vacancies and removal from office).
29 A suspended deputy shall be subject to the supervision of the
30 president judge during the period of suspension.
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1 (d) Powers and duties.--A deputy constable shall have the
2 same powers and duties as a constable except that the deputy may
3 not nominate another deputy for appointment. All civil, criminal
4 and administrative process served by a deputy constable shall be
5 assigned to the deputy by the constable. In no event shall
6 process be directly assigned to a deputy for service without
7 such assignment being approved by the constable.
8 (e) Deputy constables for election.--Notwithstanding the
9 limitations imposed by this section on the appointment of
10 deputies, an elected constable may appoint without court
11 approval one deputy constable per precinct to perform
12 appropriate duties at the polls on election day. Such powers
13 shall only extend to those powers granted constables generally
14 regarding elections and their appointment shall expire at the
15 completion of the counting of the votes. Deputy constables for
16 election day duty shall not be subject to the training
17 requirements provided for in section 2945 (relating to education
18 and training), nor for the bond required by section 2947
19 (relating to bonds).
20 § 2947. Bonds.
21 (a) Filing of bonds.--Every constable and deputy constable
22 shall give a bond to the Commonwealth with a surety approved by
23 the court in an amount not less than $3,000. This bond shall be
24 filed with the clerk of the court of common pleas of the
25 judicial district embracing the district for which the constable
26 and deputy constable are elected or appointed and shall be
27 conditioned on the just and faithful discharge by the constable
28 and deputy constable of their duties. The bond shall be held for
29 the use and benefit of all persons who may sustain injury from
30 the constable and his deputies in their official capacity by
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1 reason of neglect or improper performance of duty.
2 (b) Evidence.--In lieu of such bond, the court may accept
3 satisfactory evidence that the constable possesses a freehold
4 estate in his own right, clear of all encumbrances, with a value
5 of at least $3,000 or such greater amount as the court may
6 require.
7 ADMINISTRATIVE AND FINANCIAL MATTERS
8 § 2951. Local supervision.
9 The president judge of the court of common pleas of each
10 judicial district shall exercise general supervision and
11 administrative control over constables serving within his
12 judicial district.
13 § 2952. Priority of constable business.
14 A constable shall devote the time necessary for prompt and
15 proper disposition of the business of his office, which shall be
16 given priority over any other occupation, business, profession,
17 pursuit or activity.
18 § 2953. Records.
19 Each constable shall maintain accurate records, on forms
20 prescribed by the Administrative Office, regarding all functions
21 performed by him. Such records shall be open for inspection by
22 the Administrative Office and the president judge of the
23 judicial district and as otherwise provided by law. The
24 Administrative Office shall issue rules prescribing the type and
25 manner of records to be kept.
26 § 2954. Registration and identification cards.
27 Each constable and deputy constable shall be registered and
28 issued an identification card by the Administrative Office.
29 § 2955. Uniforms.
30 A constable may wear a uniform when engaged in the duties of
19870H0628B2694 - 14 -
1 his office. The Administrative Office shall prescribe the
2 specifications for the standardized constable uniform.
3 § 2956. Compensation and expenses generally.
4 (a) Compensation of constables.--Constables shall be
5 compensated for their services and expenses by the payment of
6 fees authorized pursuant to this section and section 2957
7 (relating to fees).
8 (b) Compensation of deputy constables.--Deputy constables
9 shall be compensated for their services in the same amount as
10 elected constables.
11 (c) Payment for travel.--Constables shall be reimbursed at a
12 rate per mile which is equal to the maximum standard mileage
13 rate allowed as a business deduction by the Internal Revenue
14 Service, regardless of the number of miles traveled. Actual
15 mileage traveled shall be computed using the issuing authority's
16 office or the constable's place of business, whichever is less.
17 Constables shall be compensated for other travel expenses not to
18 exceed accountable expenses if travel is by other than motor
19 vehicle.
20 (d) Multiple service of process and conveyance of
21 defendants.--In criminal and civil cases when multiple processes
22 are served, a constable shall be paid for each process served.
23 The constable shall be paid only one mileage or expense fee,
24 except in those instances in which the court or the district
25 justice requires and approves multiple trips which are in fact
26 incurred. Where more than one defendant is conveyed
27 simultaneously, the constable shall only be reimbursed for the
28 miles actually traveled. In no case shall the constable be
29 reimbursed for the mileage as if each defendant were conveyed
30 separately.
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1 (e) Services performed by more than one constable.--When a
2 service is performed by more than one constable or deputy
3 constable, compensation shall be payable as provided by law to
4 each constable or deputy. Each court shall adopt rules requiring
5 prior authorization if a service is to be performed by more than
6 one constable or deputy constable.
7 (f) Payment for services performed.--A constable shall be
8 compensated according to the fees provided in this subchapter by
9 the court within 30 days from the time the court has received
10 payment for the services performed or within 60 days after the
11 performance of service, whichever comes first. If the court
12 suspends the fee for the services performed by the constable,
13 the fee shall be paid by the county.
14 § 2957. Fees.
15 (a) General rule.--Constables shall be compensated for their
16 services and expenses by the payment of fees authorized under
17 this section and section 2956 (relating to compensation and
18 expenses generally). The specified fee shall serve as a minimum
19 fee to be paid for constable service. The courts of common pleas
20 of this Commonwealth may, by local rule previously promulgated
21 or by promulgation of local rules in the future, authorize the
22 payment to constables and deputy constables for additional
23 services or may authorize the payment of higher fees for
24 services contained in this section and section 2956.
25 (b) Civil fees.--The fees paid to constables for their
26 services and expenses in civil cases shall include the
27 following:
28 (1) For serving summons, complaints, notices on suitor
29 or tenant, personally or by leaving copy, $10 plus $2.50 for
30 each additional defendant.
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1 (2) For serving subpoenas in all cases, $7.50 for the
2 first witness plus $2.50 for each additional witness.
3 (3) For executing landlord's warrant, $7.50.
4 (4) For taking inventory of goods, each item, 5¢.
5 (5) For levying or distraining goods, including schedule
6 of property levied upon and set aside, $20.
7 (6) For advertising personal property to public sale, $5
8 plus actual costs of advertising.
9 (7) For appraisement of landlord's distraint, $7.50.
10 (8) For posting notice of execution sale or sale on
11 landlord's distraint and advertisement plus actual cost of
12 advertising, $7.50.
13 (9) For selling goods levied or distrained, $15.
14 (10) For clerk hired at these sales when necessary, $20.
15 (11) When necessary and allowable by law, for watchman
16 taking charge of property levied on, when necessary, $20 per
17 day, also reasonable expenses and insurance, arranging goods
18 for sale, heat, light, storage, rent, transportation, feeding
19 livestock and similar expenses incurred in caring for and
20 keeping goods and chattels levied upon, when the expense is
21 necessary and advantageous or when requested by the plaintiff
22 or defendant to incur the expense.
23 (12) For receiving and paying over money paid after a
24 levy without sale, $5.
25 (13) For bill of sale when demanded, each item 5¢.
26 (14) For putting up notice of distress on the premises,
27 $1.50.
28 (15) For making return of no levy or not found on any
29 process, $1.50.
30 (16) For executing order of possession, $10.
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1 (17) For forcible ejectment on order for possession,
2 $35.
3 (18) For serving complaint in landlord and tenant
4 proceeding, $7.50.
5 (19) For taking inventory of goods on execution, each
6 item, 5¢.
7 (20) For appraising property where exemption is claimed
8 by defendant, $15.
9 (21) For serving notice of execution where amount of
10 execution is less than $500, $15; where amount of execution
11 is $500 or more but less than $1,500, $20; where amount of
12 execution is $1,500 or more, $25.
13 (22) For levy on goods where amount of execution is less
14 than $500, $15; where amount of execution is $500 or more but
15 less than $1,500, $20; where amount of execution is $1,500 or
16 more, $25.
17 (23) For each posting of notice of execution, $5.
18 (24) Reasonable mileage costs, to be paid as provided in
19 section 2956.
20 (c) Criminal fees.--The fees paid to constables for their
21 services and expenses in criminal cases shall include the
22 following:
23 (1) For executing a warrant on behalf of the
24 Commonwealth or a political subdivision thereof, for each
25 defendant, $10; for executing a warrant where the defendant
26 is charged with at least one felony offense, $10.
27 (2) For conveying defendants, except vagrants, to jail
28 on mittimus or warrants, for each defendant, $10.
29 (3) For arresting persons guilty of a breach of the
30 peace, riotous or disorderly conduct or drunkenness, or who
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1 may be engaged in the commission of any unlawful act tending
2 to imperil the personal security or endanger the property of
3 the citizens or violating any ordinance of any political
4 subdivision for the violation of which a fine or penalty is
5 imposed, or offending or suspected of offending against the
6 laws of this Commonwealth protecting timberlands, for the
7 violation of any other law of this Commonwealth authorizing
8 arrest by constable without process and bringing the offender
9 before a district justice, for each defendant, $10; and for
10 every act in or about the arrest or commitment of vagrants,
11 $10 for each vagrant arrested or arrested and committed, and
12 mileage as provided in section 2956.
13 (4) For levying a fine or forfeiture on a warrant, 50¢.
14 (5) For taking the body of a defendant into custody on a
15 warrant where bail is afterwards entered before delivery of
16 body to the jailer, $5.
17 (6) For executing discharge to jailer, $10.
18 (7) For executing bail-piece, $5.
19 (8) For making returns to the court of common pleas,
20 $2.50.
21 (9) For transporting any prisoner or defendant from
22 another county to an issuing authority for preliminary
23 hearing, arraignment or for other reasons as ordered by the
24 issuing authority, $25.
25 (10) Reasonable mileage costs, to be paid as provided in
26 section 2956.
27 (d) Services not specifically provided for.--For services
28 not specifically provided for, the same fee may be charged as
29 received for similar services.
30 § 2958. Assessment of fees in certain criminal cases resulting
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1 in discharge of the defendant.
2 In all criminal cases where the defendant is discharged upon
3 dismissal of criminal complaint, information or indictment for
4 lack of prosecution, or for the failure by the Commonwealth to
5 make out a prima facie case, or where the criminal complaint,
6 information or indictment is dismissed upon motion by the
7 Commonwealth for a nolle prosequi, the court shall assess the
8 costs of the constable's fees to the governmental unit which
9 employs the affiant in the case of a police-initiated
10 prosecution, or upon the affiant in the case of a private
11 prosecution, if the defendant is discharged prior to the filing
12 of an information or indictment. In cases where the defendant is
13 discharged for any of the stated reasons after the filing of an
14 information or indictment, the court shall assess the costs to
15 the county.
16 § 2959. Educational fee assessment.
17 The court administrator may establish a fee, not to exceed $2
18 which shall be charged to all persons upon whom a process is
19 successfully served, unless acquitted, which fee shall be
20 transmitted to the General Fund to be used for training
21 purposes. This fee shall not be suspended.
22 § 2960. Distribution of process outside the judicial district.
23 A district justice may transfer the service of process for
24 persons or entities residing in another judicial district to the
25 appropriate local district justice in that judicial district, or
26 in the absence of local district justice, to the judicial
27 district for service. In the case of process transferred for
28 service in the first judicial district, the district justice
29 shall transfer the process to the president judge of the
30 municipal court for distribution for service.
19870H0628B2694 - 20 -
1 POWERS AND DUTIES
2 § 2965. Service of process.
3 (a) General power.--A constable is authorized to serve and
4 execute any lawful process issued by a district justice or any
5 other lawful, civil, criminal or administrative process.
6 (b) Governing authority to promulgate rules.--The governing
7 authority shall promulgate procedural rules governing constables
8 relating to the service of process issued by the courts of
9 common pleas and district justices and the service of process by
10 mail.
11 (c) Civil and administrative process.--A constable is
12 authorized to serve civil and administrative process within this
13 Commonwealth.
14 (d) Criminal process.--A constable is authorized to serve
15 criminal process anywhere in this Commonwealth.
16 § 2966. Police powers in certain municipalities.
17 (a) General rule.--Any municipality may formally appoint as
18 a police officer the appropriate constable or constables or
19 their deputies as otherwise provided by law. When a constable or
20 deputy constable is acting pursuant to an appointment, he shall
21 have all powers provided by law.
22 (b) Certification required.--No constable or deputy
23 constable shall perform police duties pursuant to this section
24 unless he has met all of the requirements established by the
25 Municipal Police Officers' Education and Training Commission and
26 has been duly certified as having met those requirements by the
27 Commissioner of the Pennsylvania State Police pursuant to the
28 act of June 18, 1974 (P.L.359, No.120), referred to as the
29 Municipal Police Education and Training Law.
30 § 2967. Transportation of prisoners and others.
19870H0628B2694 - 21 -
1 Constables shall have the authority when directed by a
2 district justice or a court to transport prisoners, mental
3 patients and any other persons as the court may direct. Any
4 constable directed to transport prisoners or mental patients may
5 secure the assistance of another constable to aid him.
6 Constables rendering the assistance shall be paid at a rate
7 equal to the constable to whom the assistance is rendered.
8 § 2968. Protection of district justice.
9 Upon the request of and a showing of just cause by the
10 district justice to the court in whose magisterial district the
11 constable serves, and subject to the approval of the president
12 judge of the judicial district, a constable shall provide
13 personal protection to the district justice while the district
14 justice is performing his duties.
15 § 2969. Election day powers.
16 A constable shall have the duty, obligation and authority to
17 be present at the polling place in each election district of a
18 borough, town, township or ward at each primary and general
19 election during the continuance thereof, and while the votes are
20 being counted, for the purpose of preserving the peace, and
21 shall serve at all elections for which services the constable
22 shall receive the same compensation payable to inspectors and
23 clerks as provided for by the act of June 3, 1937 (P.L.1333,
24 No.320), known as the Pennsylvania Election Code, which shall be
25 paid by the county. No constable, whether in uniform or in
26 civilian clothes, shall be within 100 feet of the polling place
27 during the conduct of any primary or election, unless in the
28 exercise of his privilege of voting, for the purpose of serving
29 warrants or unless called upon to preserve the peace or unless
30 otherwise engaged in the performance of his official duties. In
19870H0628B2694 - 22 -
1 no event may any constable carry a firearm while performing his
2 duties under this section; nor may he unlawfully use or practice
3 any intimidation, threats, force or violence nor in any manner
4 unduly influence any elector or prevent him from voting or
5 restrain his freedom of choice; nor may any constable
6 electioneer or directly or indirectly attempt to influence the
7 election or electors while on duty at the election polls.
8 § 2970. Acceptance of security.
9 A constable is authorized to accept security for a
10 defendant's appearance before a district justice in summary
11 cases.
12 § 2971. Additional powers and duties.
13 A constable may exercise any other power and duty provided by
14 law.
15 § 2972. Recovery of certain vehicle registration cards and
16 plates and licenses.
17 A constable may recover expired, suspended or revoked vehicle
18 registration cards and plates and licenses upon request of the
19 Department of Transportation. The department shall adopt
20 regulations providing for recovery of these items by constables
21 and shall establish a fee to be paid by the department to the
22 constable for the performance of these services.
23 § 2973. Constables' returns.
24 The returns required by law to be made by constables to the
25 court may in the discretion of the court be abolished or be made
26 at such times and relating to such subjects as the court may
27 require. No constable shall be entitled to any fees or mileage
28 for making any such return, except as are required by the court.
29 § 2974. Return of subpoenas.
30 Whenever a constable who has served subpoenas issued by the
19870H0628B2694 - 23 -
1 district attorney for any term of court shall make return
2 thereof as required by law, he shall be required to return all
3 subpoenas, received within a reasonable time prior to such
4 return day, at one and the same time; and in making such return
5 of subpoenas, he shall receive mileage only for trips actually
6 and necessarily made in returning such subpoenas and not mileage
7 on each separate subpoena returned. In order to carry into
8 effect the provisions of this section, the district attorney in
9 issuing subpoenas shall, so far as conveniently may be done,
10 mail or cause to be delivered subpoenas going to the same
11 constable for a term of court at one and the same time.
12 § 2975. Approval of bills for services.
13 No constable returning subpoenas issued by the district
14 attorney shall receive payment for such service unless his bill
15 is approved by the county controller, and, where there is no
16 controller, by the district attorney whose duty it shall be to
17 enforce the provisions of section 2974 (relating to return of
18 subpoenas).
19 Section 5. (a) The following acts and parts of acts are
20 repealed:
21 Section VI of the act of March 1, 1799 (3Sm.L.354, Ch.2012),
22 entitled "A supplement to the act, entitled 'An Act to extend
23 the powers of the Justices of the Peace of this state.'"
24 Sections 12 and 19 of the act of March 20, 1810 (P.L.208,
25 No.132), entitled "An act to amend and consolidate with its
26 Supplements the Act entitled 'An act for the recovery of debts
27 and demands, not exceeding one hundred dollars, before a Justice
28 of the Peace, and for the election of Constables, and for other
29 purposes.'"
30 Act of January 21, 1814 (P.L.28, Ch.9), entitled "An act
19870H0628B2694 - 24 -
1 allowing compensation to constables for attending the several
2 courts within this commonwealth."
3 Act of April 24, 1829 (P.L.369, No.216), entitled "A further
4 supplement to the act entitled An act to amend and consolidate
5 with its supplements, the act entitled An act for the recovery
6 of debts and demands not exceeding one hundred dollars before a
7 justice of the peace, and for the election of constables, and
8 for other purposes."
9 Sections 107, 108, 109, 110, 111, 112, 113, 114 and 116 of
10 the act of April 15, 1834 (P.L.537, No.247), entitled "An act
11 relating to counties and townships, and county and township
12 officers."
13 Section 14 of the act of May 27, 1841 (P.L.400, No.141),
14 entitled "An act relating to the Election of County Treasurers,
15 and for other purposes."
16 Section 19 of the act of April 22, 1850 (P.L.549, No.342),
17 entitled "A supplement to an act, entitled 'An Act to prevent
18 waste in certain cases within this commonwealth,' passed the
19 twenty-ninth day of March, one thousand eight hundred and
20 twenty-two; to land and building associations; giving the court
21 of Susquehanna county jurisdiction in a certain case; relative
22 to the service of process in certain cases; to party walls in
23 West Philadelphia; to the proof of a certain will; to the sale
24 and purchase of certain burial grounds in Philadelphia; to the
25 laying of gas pipes in the district of Moyamensing; to the
26 release of certain sureties in Erie county; to the State Lunatic
27 hospital; relative to the service of process against sheriffs;
28 to the rights of married women; to ground rents; and relating to
29 foreign insurance companies."
30 Act of February 14, 1889 (P.L.6, No.5), entitled "An act to
19870H0628B2694 - 25 -
1 authorize the election of constables for three years."
2 Act of May 4, 1889 (P.L.83, No.79), entitled "An act to
3 authorize the election of constables for three years in cities
4 of the second and third class."
5 Act of June 4, 1897 (P.L.121, No.101), entitled "An act
6 relating to boroughs, providing a method of procedure for
7 violations of law and borough ordinances, and for the collection
8 of the fines and penalties imposed for said violations."
9 Act of July 14, 1897 (P.L.266, No.209), entitled "An act to
10 regulate the remuneration of policemen and constables employed
11 as policemen throughout the Commonwealth of Pennsylvania, and
12 prohibiting them from charging or accepting any fee or other
13 compensation, in addition to their salary, except as public
14 rewards and mileage for traveling expenses."
15 Act of February 17, 1899 (P.L.3, No.1), entitled "An act to
16 fix, regulate and establish the fees to be charged and received
17 by constables in this Commonwealth."
18 Act of May 2, 1901 (P.L.131, No.98), entitled "An act to fix,
19 regulate and establish the fees to be charged and received by
20 constables in this Commonwealth for executing an order of relief
21 of a pauper."
22 Act of April 25, 1905 (P.L.309, No.214), entitled "An act
23 authorizing policemen to hold and exercise the office of
24 constables."
25 Act of April 23, 1909 (P.L.151, No.104), entitled "An act
26 fixing the fees to be received by constables in this
27 Commonwealth."
28 Act of June 9, 1911 (P.L.727, No.299), entitled "An act
29 authorizing the election in first class townships of an
30 additional constable, and fixing his term."
19870H0628B2694 - 26 -
1 Act of June 19, 1913 (P.L.534, No.342), entitled "An act
2 relating to appointment of deputy constables."
3 Act of July 20, 1917 (P.L.1158, No.401), entitled "An act to
4 fix, regulate, and establish the fees to be charged and received
5 by constables in this Commonwealth."
6 Act of May 31, 1919 (P.L.357, No.171), entitled "An act
7 relating to the duties of constables in certain counties;
8 prohibiting them from making returns to the court of quarter
9 sessions in certain cases; authorizing the court to direct
10 investigations and reports by constables, and fixing their
11 compensation in such cases."
12 Section 14 of the act of June 28, 1923 (P.L.903, No.348),
13 entitled "A supplement to an act, approved the fourteenth day of
14 May, one thousand nine hundred and fifteen (Pamphlet Laws, three
15 hundred and twelve), entitled 'An act providing a system for
16 government of boroughs, and revising, amending, and
17 consolidating the law relating to boroughs'; so as to provide a
18 system of government where a borough now has annexed or
19 hereafter shall annex land in an adjoining county, including
20 assessment of property, levying and collection of taxes, making
21 municipal improvements, and filing and collecting of liens for
22 the same; the jurisdiction of courts for the enforcement of
23 borough ordinances and State laws, and primary, general,
24 municipal, and special elections; and repealing inconsistent
25 laws."
26 Act of April 6, 1925 (P.L.155, No.113), entitled "An act
27 providing constables' fees for service of writs in juvenile
28 cases."
29 Act of March 20, 1929 (P.L.32, No.32), entitled "An act
30 providing for the filling of vacancies in the office of
19870H0628B2694 - 27 -
1 constable in any borough, town, ward of any city, borough, or
2 town or township of this Commonwealth."
3 Act of February 28, 1933 (P.L.5, No.3), entitled "An act
4 relating to constables' returns to the court of quarter
5 sessions."
6 Act of July 9, 1935 (P.L.621, No.219), entitled "An act
7 limiting the mileage cost for return of subpoenas in criminal
8 cases to the trips actually made, and imposing certain duties on
9 controllers and district attorneys."
10 Act of May 26, 1943 (P.L.637, No.280), entitled "An act
11 providing that the terms of constables hereafter elected in
12 cities of the second, second class A and third classes, boroughs
13 and townships, shall be for six years."
14 Act of April 3, 1956 (1955 P.L.1382, No.441), entitled "An
15 act making the offices of constable and justice of the peace or
16 alderman incompatible."
17 Section 1126 of the act of February 1, 1966 (1965 P.L.1656,
18 No.581), known as The Borough Code.
19 (b) The following acts and parts of acts are repealed
20 insofar as they relate to constables and deputy constables:
21 Sections 3 and 7 of the act of March 4, 1824 (P.L.32, Ch.31),
22 entitled "A supplement to the act entitled 'An act laying a duty
23 on the retailers of Foreign Merchandise.'"
24 Section 9 of the act of April 7, 1830 (P.L.387, No.193),
25 entitled "An act graduating the duties upon wholesale dealers
26 and retailers of merchandize, and prescribing the mode of
27 issuing licenses and collecting said duties."
28 Section 23 of the act of May 3, 1850 (P.L.666, No.390),
29 entitled "An act regulating the municipal and other elections in
30 the city of Philadelphia, and to establish an uniform system of
19870H0628B2694 - 28 -
1 police for the city of Philadelphia and the districts of
2 Southwark, Moyamensing, Spring Garden, Penn Township, the
3 incorporated Northern Liberties and Kensington."
4 Section 17 of the act of April 3, 1851 (P.L.320, No.218),
5 entitled "An act regulating boroughs."
6 Act of April 21, 1855 (P.L.283, No.297), entitled "An act
7 establishing Fees for Commitments to Houses of Refuge."
8 Act of March 12, 1866 (P.L.182, No.154), entitled "An act
9 relative to duties and powers of constables and railroad
10 conductors, in the counties of Erie, Crawford, Luzerne,
11 Susquehanna and Pike."
12 Act of May 3, 1876 (P.L.99, No.67), entitled "An act
13 regulating procedure for violation of ordinances of cities of
14 the first class."
15 Act of May 10, 1878 (P.L.51, No.72), entitled "A supplement
16 to an act, entitled 'An act to prescribe the manner in which the
17 courts may divide boroughs into wards,' approved the fourteenth
18 day of May, Anno Domini one thousand eight hundred and seventy-
19 four."
20 Act of April 24, 1885 (P.L.9, No.11), entitled "An act to
21 amend an act, entitled 'An act to provide for the destruction,
22 and to prevent the spread of Canada thistles,' approved the
23 twenty-second day of March, Anno Domini one thousand eight
24 hundred and sixty-two."
25 Act of February 12, 1889 (P.L.3, No.1), entitled "An act to
26 provide for the commencement of the terms of office of
27 councilmen, constables and school directors in new wards, when
28 erected in cities of the first class under existing laws and
29 where the several wards constitute separate school districts, to
30 provide for the supervision of the public schools in such new
19870H0628B2694 - 29 -
1 wards until the organization of the board of school directors of
2 the new school section, and to provide for the term of
3 councilmen and constables already elected by the voters of the
4 old ward."
5 Act of June 3, 1919 (P.L.369, No.180), entitled "An act
6 providing for the appointment by the district attorney, in
7 counties having a population of over one million five hundred
8 thousand inhabitants, of a chief county detective, an assistant
9 chief county detective, and special county detectives; defining
10 their duties; defining their authority; fixing their salaries,
11 and authorizing the payment of the same, together with the
12 necessary traveling expenses, by the county."
13 Section 4 of the act of May 11, 1927 (P.L.968, No.461),
14 entitled "An act to provide for the licensing and regulation of
15 public dance halls and ballrooms, and for the regulation and
16 supervision of public dances and balls, in townships."
17 Section 6. (a) Notwithstanding the provisions of 42 Pa.C.S.
18 § 2162(b) (relating to terms of office), the initial appointees
19 to the Constable Education Board shall serve the following
20 terms:
21 (1) Three members for two years.
22 (2) Three members for four years.
23 (3) Three members for six years.
24 (b) The Governor shall designate the length of the term of
25 office for each of the initial appointees to the board.
26 Section 7. This act shall take effect in 60 days.
27 SECTION 1. THE DEFINITION OF "OFFICER ENFORCING ORDERS" IN <--
28 SECTION 102 OF TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED
29 STATUTES IS AMENDED TO READ:
30 § 102. DEFINITIONS.
19870H0628B2694 - 30 -
1 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
2 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
3 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
4 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
5 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
6 * * *
7 "OFFICER ENFORCING ORDERS." INCLUDES:
8 (1) A RECORDER OF DEEDS WHEN THE ORDER AFFECTS THE
9 OWNERSHIP OF AN INTEREST IN PROPERTY DESCRIBED OR DESCRIBABLE
10 BY A DOCUMENT WHICH HAS BEEN OR MAY BE FILED OR RECORDED IN
11 HIS OFFICE, OR WHICH RELATES TO THE INDEXING OF DOCUMENTS
12 FILED OR RECORDED IN HIS OFFICE.
13 (2) A REGISTER OF WILLS.
14 (3) A SHERIFF.
15 (4) A CONSTABLE OR DEPUTY CONSTABLE WHILE ACTUALLY
16 ENGAGED IN THE PERFORMANCE OF JUDICIAL DUTIES AS DEFINED IN
17 SECTION 2941 (RELATING TO DEFINITIONS).
18 SECTION 2. SECTIONS 2131 AND 2132 OF TITLE 42 ARE AMENDED TO
19 READ:
20 § 2131. MINOR JUDICIARY EDUCATION BOARD.
21 (A) GENERAL RULE.--THE MINOR JUDICIARY EDUCATION BOARD SHALL
22 CONSIST OF [SEVEN] NINE MEMBERS SELECTED AS PROVIDED IN THIS
23 SUBCHAPTER.
24 (B) SEAL.--THE MINOR JUDICIARY EDUCATION BOARD SHALL HAVE A
25 SEAL ENGRAVED WITH ITS NAME AND SUCH OTHER INSCRIPTION AS MAY BE
26 SPECIFIED BY GENERAL RULE. A FACSIMILE OR PREPRINTED SEAL MAY BE
27 USED FOR ALL PURPOSES IN LIEU OF THE ORIGINAL SEAL.
28 § 2132. COMPOSITION OF BOARD.
29 (A) GENERAL RULE.--THE MINOR JUDICIARY EDUCATION BOARD SHALL
30 CONSIST OF THE FOLLOWING APPOINTED BY THE GOVERNOR [WITH THE
19870H0628B2694 - 31 -
1 CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE SENATE]:
2 (1) THREE PERSONS WHO SHALL BE JUDGES OF THE PITTSBURGH
3 MAGISTRATES COURT OR THE TRAFFIC COURT OF PHILADELPHIA OR
4 DISTRICT JUSTICES.
5 (2) THREE MEMBERS OF THE BAR OF THIS COMMONWEALTH.
6 (3) ONE LAY ELECTOR.
7 (4) TWO CONSTABLES WHO ARE CERTIFIED PURSUANT TO SECTION
8 2943 (RELATING TO CERTIFICATION) AND WHO SHALL BE RESIDENTS
9 OF DIFFERENT COUNTIES.
10 (B) TERMS OF OFFICE.--THE MEMBERS OF THE BOARD SHALL SERVE
11 FOR TERMS OF FIVE YEARS AND UNTIL A SUCCESSOR HAS BEEN APPOINTED
12 AND QUALIFIED. A VACANCY ON THE BOARD SHALL BE FILLED FOR THE
13 BALANCE OF THE TERM.
14 (C) COMPENSATION.--MEMBERS OF THE BOARD SHALL RECEIVE SUCH
15 FEES OR SALARY AS SHALL BE FIXED BY THE GOVERNING AUTHORITY IN
16 THE MANNER PROVIDED BY SECTION 503(B) (RELATING TO PROCEDURES).
17 SECTION 3. SUBCHAPTER C OF CHAPTER 29 OF TITLE 42 IS AMENDED
18 TO READ:
19 CHAPTER 29
20 OFFICERS SERVING PROCESS AND
21 ENFORCING ORDERS
22 * * *
23 SUBCHAPTER C
24 CONSTABLES
25 [(RESERVED)]
26 SEC.
27 2941. DEFINITIONS.
28 2942. POWERS AND DUTIES.
29 2943. CERTIFICATION.
30 2944. BASIC EDUCATION.
19870H0628B2694 - 32 -
1 2945. CONTINUING EDUCATION.
2 2946. FIREARMS.
3 2947. FEES.
4 2948. DISCIPLINE.
5 § 2941. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
7 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "BOARD." THE MINOR JUDICIARY EDUCATION BOARD ESTABLISHED
10 PURSUANT TO SUBCHAPTER D OF CHAPTER 21 (RELATING TO MINOR
11 JUDICIARY EDUCATION BOARD).
12 "CLERK." THE CLERK OF THE COURTS, OR OTHER PERSON HOLDING A
13 SIMILAR OFFICE IN COUNTIES THAT DO NOT HAVE A CLERK OF COURTS,
14 OF COMMON PLEAS OF THE JUDICIAL DISTRICT IN WHICH THE CONSTABLE
15 OR DEPUTY CONSTABLE WAS ELECTED OR APPOINTED.
16 "CONSTABLE." ANY PERSON HOLDING THE ELECTIVE OFFICE OF
17 CONSTABLE, WHETHER BY ELECTION OR BY APPOINTMENT TO FILL A
18 VACANCY IN SUCH ELECTIVE OFFICE.
19 "DEPUTY CONSTABLE." ANY PERSON HOLDING THE OFFICE OF DEPUTY
20 CONSTABLE AS A RESULT OF APPOINTMENT BY A CONSTABLE AS PROVIDED
21 BY LAW.
22 "JUDICIAL DUTIES." SERVICE, EXECUTION AND RETURN OF COURT-
23 AUTHORIZED PROCESS; LEVY OF ATTACHMENT, LEVY OR EXECUTION;
24 PRESALE AND POSTSALE CONTROL OF PROPERTY; SALES AND CONVEYANCES;
25 COLLECTION, CUSTODY AND DISPOSITION OF MONEY; CUSTODY AND
26 CONTROL OF RESPONDENTS, DEFENDANTS AND CONVICTS; COURT-ORDERED
27 SECURITY; AND PRESERVATION OF OFFICIAL EXHIBITS AND PAPERS.
28 "PROGRAM." THE CONSTABLES' EDUCATION AND TRAINING PROGRAM
29 ESTABLISHED PURSUANT TO SECTION 2943 (RELATING TO
30 CERTIFICATION).
19870H0628B2694 - 33 -
1 § 2942. POWERS AND DUTIES.
2 (A) CERTIFICATION REQUIRED.--NO CONSTABLE OR DEPUTY
3 CONSTABLE SHALL PERFORM ANY JUDICIAL DUTIES, NOR RECEIVE ANY
4 COMPENSATION THEREFOR, UNLESS HE IS CERTIFIED PURSUANT TO
5 SECTION 2943 (RELATING TO CERTIFICATION).
6 (B) SUPERVISION.--CONSTABLES AND DEPUTY CONSTABLES MAY
7 PERFORM JUDICIAL DUTIES IF THEY ARE CERTIFIED PURSUANT TO
8 SECTION 2943 AND, WHILE DOING SO, SHALL BE SUBJECT TO THE
9 SUPERVISION OF THE PRESIDENT JUDGE OF THE JUDICIAL DISTRICT IN
10 WHICH THEY WERE ELECTED OR APPOINTED.
11 (C) ARREST POWERS.--A CONSTABLE OR DEPUTY CONSTABLE WHO IS
12 CERTIFIED PURSUANT TO SECTION 2943 TO PERFORM JUDICIAL DUTIES
13 SHALL HAVE THE POWER OF ARREST WITHOUT A WARRANT WITH RESPECT TO
14 ANY PERSON HE OBSERVES COMMITTING ANY CRIME UNDER 18 PA.C.S. CH.
15 25 (RELATING TO CRIMINAL HOMICIDE), 27 (RELATING TO ASSAULT) OR
16 51 (RELATING TO OBSTRUCTING GOVERNMENTAL OPERATIONS) WHICH
17 INTERFERES WITH OR OBSTRUCTS HIM IN THE PERFORMANCE OF HIS
18 JUDICIAL DUTIES.
19 (D) NONSEVERABLE PROVISIONS.--NOTWITHSTANDING THE PROVISIONS
20 OF THIS OR ANY OTHER LAW TO THE CONTRARY, ALL CONSTABLES AND
21 DEPUTY CONSTABLES SHALL ENJOY ALL OF THE RIGHTS AND PRIVILEGES
22 ACCORDED TO CONSTABLES BY SECTION 10 OF THE ACT OF OCTOBER 4,
23 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL AND
24 EMPLOYEE ETHICS LAW. THIS SUBSECTION IS NONSEVERABLE FROM THE
25 REMAINDER OF THIS SUBCHAPTER. IN THE EVENT THAT SECTION 10 OF
26 THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW OR THIS SUBSECTION
27 IS INVALIDATED OR SUSPENDED AS TO CONSTABLES OR DEPUTY
28 CONSTABLES, THEN THIS ENTIRE SUBCHAPTER SHALL BE DEEMED TO BE
29 LIKEWISE INVALIDATED OR SUSPENDED.
30 (E) JUDICIAL DUTIES.--CONSTABLES AND DEPUTY CONSTABLES SHALL
19870H0628B2694 - 34 -
1 CONTINUE TO HAVE ALL POWERS AND TO EXERCISE ALL DUTIES PROVIDED
2 BY LAW, WHETHER OR NOT THEY BECOME CERTIFIED, EXCEPT AS PROVIDED
3 IN SUBSECTION (A), AND AS FOLLOWS:
4 (1) CONSTABLES AND DEPUTY CONSTABLES WHO ARE CERTIFIED
5 PURSUANT TO SECTION 2943 TO PERFORM JUDICIAL DUTIES SHALL
6 GIVE PRIORITY TO THEIR JUDICIAL DUTIES OVER THEIR OTHER
7 CONSTABLE FUNCTIONS.
8 (2) WHILE A CONSTABLE OR DEPUTY CONSTABLE IS PERFORMING
9 HIS JUDICIAL DUTIES, HE SHALL NOT SIMULTANEOUSLY EXERCISE ANY
10 OF THE OTHER POWERS OR PERFORM ANY OF THE OTHER DUTIES OF A
11 CONSTABLE OR DEPUTY CONSTABLE.
12 (3) WHILE A CONSTABLE OR DEPUTY CONSTABLE IS PERFORMING
13 DUTIES OTHER THAN JUDICIAL DUTIES, REGARDLESS OF WHETHER OR
14 NOT HE IS CERTIFIED PURSUANT TO SECTION 2943, HE SHALL NOT BE
15 SUBJECT TO THE SUPERVISION OF THE PRESIDENT JUDGE, NOR SHALL
16 HE IN ANY MANNER HOLD HIMSELF OUT TO BE ACTIVE AS AN AGENT,
17 EMPLOYEE OR REPRESENTATIVE OF ANY COURT, DISTRICT JUSTICE OR
18 JUDGE, EITHER BY WORD, BY THE DISPLAY OF ANY BADGE, CARD,
19 DECAL, EMBLEM, INSIGNIA, IDENTIFICATION, MARKING, PATCH OR
20 SIGN APPROVED BY THE ADMINISTRATIVE OFFICE, OR OTHERWISE.
21 § 2943. CERTIFICATION.
22 (A) REQUIREMENTS.--ANY CONSTABLE OR DEPUTY CONSTABLE SHALL
23 BECOME CERTIFIED TO PERFORM JUDICIAL DUTIES UPON SUCCESSFULLY
24 COMPLETING THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION,
25 FILING A CERTIFICATE ATTESTING THERETO WITH THE CLERK AND FILING
26 WITH THE CLERK PROOF THAT HE HAS, CURRENTLY IN FORCE, A POLICY
27 OF PROFESSIONAL LIABILITY INSURANCE COVERING HIM IN THE
28 PERFORMANCE OF HIS JUDICIAL DUTIES WITH A MINIMUM COVERAGE OF
29 $250,000 PER INCIDENT AND A MINIMUM AGGREGATE OF $500,000 PER
30 YEAR.
19870H0628B2694 - 35 -
1 (B) COMPLETION OF PROGRAM.--ANY PERSON SHALL BE DEEMED TO
2 HAVE COMPLETED THE PROGRAM IF HE SUCCESSFULLY COMPLETES THE
3 EXAMINATION ADMINISTERED AT THE END OF ANY SUCH COURSE. NO ONE
4 WHO ELECTS TO EXERCISE THE BENEFIT OF THIS SUBSECTION AND WHO
5 FAILS TO ACHIEVE A PASSING SCORE ON THE EXAMINATION MAY
6 THEREAFTER REPEAT THE EXAMINATION WITHOUT ATTENDING THE COURSE
7 OF STUDY.
8 (C) TEMPORARY CERTIFICATION.--EVERY CONSTABLE OR DEPUTY
9 CONSTABLE WHO IS IN OFFICE ON THE EFFECTIVE DATE OF THIS
10 SUBCHAPTER SHALL BE DEEMED TO BE TEMPORARILY CERTIFIED TO
11 PERFORM JUDICIAL DUTIES FOR THE BALANCE OF HIS CURRENT TERM OF
12 OFFICE. AS USED IN THIS SUBSECTION, THE "CURRENT TERM OF OFFICE"
13 OF A DEPUTY CONSTABLE SHALL BE COTERMINOUS WITH THAT OF THE
14 CONSTABLE WHO APPOINTED HIM, UNLESS SOONER REVOKED OR
15 TERMINATED. AT THE CONCLUSION OF THE CURRENT TERM OF OFFICE, NO
16 SUCH CONSTABLES OR DEPUTY CONSTABLES SHALL CONTINUE TO BE DEEMED
17 CERTIFIED UNLESS THEY HAVE COMPLIED WITH THE PROVISIONS OF
18 SUBSECTION (A) OR (B).
19 (D) LOSS OF CERTIFICATION.--ANY CONSTABLE OR DEPUTY
20 CONSTABLE WHO FAILS, NEGLECTS OR REFUSES TO COMPLY WITH ANY
21 CONTINUING EDUCATION AND TRAINING REGULATIONS ADOPTED BY THE
22 BOARD SHALL CEASE AUTOMATICALLY TO BE CERTIFIED TO PERFORM
23 JUDICIAL DUTIES AS OF THE END OF THE PERIOD OF TIME ESTABLISHED
24 BY THE BOARD, WHICH SHALL NOT BE LESS THAN ONE YEAR, DURING
25 WHICH SUCH REGULATIONS WERE NOT COMPLIED WITH.
26 (E) INSURANCE REQUIRED.--ANY CONSTABLE OR DEPUTY CONSTABLE
27 WHO FAILS, NEGLECTS OR REFUSES TO MAINTAIN A CURRENT INSURANCE
28 POLICY AS REQUIRED BY SUBSECTION (A), OR TO FILE PROOF THEREOF
29 WITH THE CLERK, SHALL CEASE AUTOMATICALLY TO BE CERTIFIED TO
30 PERFORM JUDICIAL DUTIES UPON THE EXPIRATION OF THE POLICY OF
19870H0628B2694 - 36 -
1 WHICH PROOF HAS BEEN FILED WITH THE CLERK, AND THE CLERK SHALL
2 SO NOTIFY THE ADMINISTRATIVE OFFICE.
3 (F) RECERTIFICATION.--ANY CONSTABLE OR DEPUTY CONSTABLE WHO
4 CEASES TO BE CERTIFIED TO PERFORM JUDICIAL DUTIES AS A RESULT OF
5 THE OPERATION OF SUBSECTION (D) OR (E) MAY LATER BE RECERTIFIED
6 IMMEDIATELY BY FILING WITH THE CLERK PROOF THAT SUCH INSURANCE
7 HAS BEEN IN FORCE CONTINUOUSLY SINCE THE OFFICER WAS LAST
8 CERTIFIED TO PERFORM JUDICIAL DUTIES, AND THE CLERK SHALL SO
9 NOTIFY THE ADMINISTRATIVE OFFICE OR, IN THE CASE OF A VIOLATION
10 OF SUBSECTION (E), THE INDIVIDUAL MAY BE RECERTIFIED BY
11 COMPLYING WITH SUBSECTIONS (A) AND (B).
12 § 2944. BASIC EDUCATION.
13 (A) PROGRAM--THE BOARD SHALL PRESCRIBE AND APPROVE THE
14 SUBJECT MATTER AND THE EXAMINATION FOR THE PROGRAM. THE BOARD
15 SHALL ADMINISTER THE PROGRAM AND CONDUCT THE EXAMINATION AT SUCH
16 TIMES, AT SUCH PLACES AND IN SUCH MANNER AS THE REGULATIONS OF
17 THE BOARD MAY PRESCRIBE. THE COURSE SHALL BE OFFERED AS
18 FREQUENTLY, AND IN AS MANY LOCATIONS THROUGHOUT THIS
19 COMMONWEALTH, AS AVAILABLE FUNDS PERMIT. IF FUNDS PERMIT, THE
20 COURSE SHALL BE OFFERED ON A REGIONAL BASIS, TAKING INTO ACCOUNT
21 THE DENSITY OF POPULATION OF CONSTABLES AND THE ACCESSIBILITY OF
22 LOCATIONS TO SUCH POPULATION. THE COURSE MAY BE OFFERED AT ONE
23 LOCATION ON A FULL-TIME BASIS FOR A PERIOD NOT EXCEEDING TWO
24 WEEKS IN DURATION. IN ALL OTHER LOCATIONS, THE COURSE SHALL BE
25 OFFERED ON AN EVENING AND/OR WEEKEND BASIS AND SHALL NOT EXCEED
26 80 HOURS IN DURATION.
27 (B) ELIGIBILITY.--ANY PERSON WHO IS ELIGIBLE TO BECOME A
28 CONSTABLE OR DEPUTY CONSTABLE MAY ATTEND THE COURSE AND/OR TAKE
29 THE EXAMINATION.
30 (C) ADMISSION PRIORITY.--IN THE EVENT THAT THERE ARE MORE
19870H0628B2694 - 37 -
1 APPLICATIONS FOR ADMISSION TO THE PROGRAM THAN CAN BE
2 ACCOMMODATED AT A PARTICULAR TIME AND PLACE, PRIORITY IN
3 ADMISSION SHALL BE GRANTED AS FOLLOWS:
4 (1) FIRST PREFERENCE SHALL BE GIVEN TO CONSTABLES.
5 WITHIN THIS CATEGORY, PREFERENCE SHALL BE GIVEN TO THOSE
6 WHOSE TERMS OF OFFICE WILL EXPIRE SOONER RATHER THAN LATER.
7 (2) SECOND PREFERENCE SHALL BE GIVEN TO DEPUTY
8 CONSTABLES. WITHIN THIS CATEGORY, PREFERENCE SHALL BE GIVEN
9 TO THOSE WHOSE APPOINTING CONSTABLES ARE SERVING TERMS WHICH
10 WILL EXPIRE SOONER RATHER THAN LATER.
11 (3) THIRD PREFERENCE SHALL BE GIVEN TO CANDIDATES FOR
12 THE OFFICE OF CONSTABLE WHO HAVE FILED NOMINATION PAPERS OR
13 PETITIONS WITH THEIR RESPECTIVE COUNTY BOARDS OF ELECTION OR
14 WHO HAVE RECEIVED THE NOMINATION OF A POLITICAL BODY, PARTY
15 OR MINOR POLITICAL PARTY AS SUCH TERMS ARE DEFINED IN ACT OF
16 JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA
17 ELECTION CODE.
18 (4) FOURTH PREFERENCE SHALL BE GIVEN TO OTHER INTERESTED
19 PERSONS WHO ARE ELIGIBLE TO BECOME CONSTABLES OR DEPUTY
20 CONSTABLES.
21 (D) COMPLETION.--EVERY PERSON WHO SUCCESSFULLY COMPLETES THE
22 PROGRAM SHALL RECEIVE FROM THE BOARD A CERTIFICATE SO STATING.
23 § 2945. CONTINUING EDUCATION.
24 (A) GENERAL RULE.--THE BOARD SHALL PRESCRIBE AND APPROVE A
25 COURSE OF CONTINUING EDUCATION AND TRAINING FOR CONSTABLES AND
26 DEPUTY CONSTABLES AND SHALL ADMINISTER THE COURSE AND SHALL
27 CONDUCT IT AT SUCH TIMES, AT SUCH PLACES AND IN SUCH MANNER AS
28 THE REGULATIONS OF THE BOARD MAY PRESCRIBE. THE COURSE SHALL BE
29 OFFERED AS FREQUENTLY, AND IN AS MANY LOCATIONS THROUGHOUT THIS
30 COMMONWEALTH, AS AVAILABLE FUNDS PERMIT. IF FUNDS PERMIT, THE
19870H0628B2694 - 38 -
1 COURSE SHALL BE OFFERED ON A REGIONAL BASIS, TAKING INTO ACCOUNT
2 THE DENSITY OF POPULATION OF CONSTABLES AND THE ACCESSIBILITY OF
3 LOCATIONS TO SUCH POPULATION. THE COURSE MAY BE OFFERED AT ONE
4 LOCATION ON A FULL-TIME BASIS FOR A PERIOD NOT EXCEEDING ONE
5 WEEK IN DURATION. IN ALL OTHER LOCATIONS, THE COURSE SHALL BE
6 OFFERED ON AN EVENING AND/OR WEEKEND BASIS AND SHALL NOT EXCEED
7 40 HOURS IN DURATION.
8 (B) ADMISSION OPEN.--NO CONSTABLE OR DEPUTY CONSTABLE WHO IS
9 CERTIFIED PURSUANT TO SECTION 2943 (RELATING TO CERTIFICATION)
10 SHALL BE DENIED ADMISSION TO ANY SUCH COURSE.
11 (C) REQUIREMENT.--THE BOARD MAY REQUIRE CONSTABLES AND
12 DEPUTY CONSTABLES, AS A CONDITION TO THEIR REMAINING CERTIFIED
13 TO PERFORM JUDICIAL DUTIES, TO SUCCESSFULLY COMPLETE SUCH A
14 COURSE NO MORE THAN ONCE IN EVERY YEAR, OR LONGER PERIOD OF
15 TIME, SUBSEQUENT TO THE YEAR IN WHICH THEY WERE INITIALLY SO
16 CERTIFIED.
17 (D) NOTICE.--THE BOARD SHALL IMMEDIATELY NOTIFY THE
18 ADMINISTRATIVE OFFICE AND THE CLERK OF ANY CONSTABLE OR DEPUTY
19 CONSTABLE WHO FAILS, NEGLECTS OR REFUSES TO SUCCESSFULLY
20 COMPLETE ANY COURSE OF CONTINUING EDUCATION AND TRAINING WITHIN
21 THE TIME PERIOD REQUIRED.
22 § 2946. FIREARMS.
23 (A) GENERAL RULE.--NO CONSTABLE OR DEPUTY CONSTABLE MAY
24 CARRY OR USE A FIREARM IN THE PERFORMANCE OF JUDICIAL DUTIES
25 UNLESS HE HAS SUCCESSFULLY COMPLETED A PROGRAM OF EDUCATION AND
26 TRAINING, WHICH HAS BEEN APPROVED BY THE BOARD, IN THE PROPER
27 USE OF FIREARMS. FOR THE PURPOSE OF THIS SUBSECTION, THE
28 FIREARMS PORTION OF THE EDUCATION AND TRAINING PROGRAM
29 ESTABLISHED PURSUANT TO THE ACT OF JUNE 18, 1974 (P.L.359,
30 NO.120), REFERRED TO AS THE MUNICIPAL POLICE EDUCATION AND
19870H0628B2694 - 39 -
1 TRAINING LAW, SHALL BE DEEMED TO BE A PROGRAM APPROVED BY THE
2 BOARD. ANY PERSON WHO HAS SUCCESSFULLY COMPLETED THE FIREARMS
3 PORTION OF THE PROGRAM ESTABLISHED PURSUANT TO THE ACT OF
4 FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN AS THE DEPUTY SHERIFFS'
5 EDUCATION AND TRAINING ACT, MAY SATISFY THE REQUIREMENTS OF THIS
6 SUBSECTION BY SUCCESSFULLY COMPLETING A WRITTEN FIREARMS
7 EXAMINATION APPROVED BY THE BOARD.
8 (B) REQUALIFICATION.--NO CONSTABLE OR DEPUTY CONSTABLE MAY
9 CARRY OR USE A FIREARM IN THE PERFORMANCE OF JUDICIAL DUTIES
10 UNLESS HE HAS REQUALIFIED WITH HIS FIREARM AS THE BOARD MAY
11 REQUIRE, WHICH REQUALIFICATION SHALL NOT BE REQUIRED MORE THAN
12 ONCE A YEAR AFTER HIS INITIAL QUALIFICATION.
13 (C) PERMITTED USE.--ANY CONSTABLE OR DEPUTY CONSTABLE MAY
14 CARRY AND USE A FIREARM IN THE PERFORMANCE OF JUDICIAL DUTIES
15 PROVIDED THAT HE HAS MET THE REQUIREMENTS OF THIS SECTION.
16 (D) CARRYING FIREARMS IN PERFORMANCE OF ANY OFFICIAL
17 DUTIES.--A CONSTABLE OR DEPUTY CONSTABLE WHO IS NOT CERTIFIED
18 PURSUANT TO SECTION 2943 (RELATING TO CERTIFICATION) MAY NOT
19 CARRY OR USE A FIREARM IN THE PERFORMANCE OF ANY OF HIS OFFICIAL
20 DUTIES UNLESS HE HAS SUCCESSFULLY COMPLETED THE FIREARMS PORTION
21 OF ONE OR MORE OF THE FOLLOWING:
22 (1) ANY PROGRAM APPROVED PURSUANT TO THE ACT OF JUNE 18,
23 1974 (P.L.359, NO.120), REFERRED TO AS THE MUNICIPAL POLICE
24 EDUCATION AND TRAINING LAW.
25 (2) ANY PROGRAM APPROVED PURSUANT TO THE ACT OF OCTOBER
26 10, 1974 (P.L.705, NO.235), KNOWN AS THE LETHAL WEAPONS
27 TRAINING ACT.
28 (3) THE PROGRAM ESTABLISHED PURSUANT TO THE ACT OF
29 FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN AS THE DEPUTY SHERIFFS'
30 EDUCATION AND TRAINING ACT.
19870H0628B2694 - 40 -
1 (4) ANY PROGRAM APPROVED BY THE BOARD PURSUANT TO
2 SUBSECTION (A).
3 § 2947. FEES.
4 (A) GENERAL RULE.--CONSTABLES AND DEPUTY CONSTABLES SHALL BE
5 COMPENSATED FOR PERFORMING JUDICIAL DUTIES BY THE PAYMENT OF
6 FEES AS SET FORTH IN THIS SECTION AND SHALL BE PAID ACCORDING TO
7 LAW FOR PERFORMING OTHER DUTIES.
8 (B) TRAVEL OR MILEAGE.--ACTUAL MILEAGE FOR TRAVEL BY MOTOR
9 VEHICLE SHALL BE REIMBURSED AT A RATE EQUAL TO THE HIGHEST RATE
10 ALLOWED BY THE INTERNAL REVENUE SERVICE. IF TRAVEL IS BY OTHER
11 THAN MOTOR VEHICLE, REIMBURSEMENT SHALL BE FOR ACTUAL, VOUCHERED
12 TRAVEL EXPENSES.
13 (C) APPORTIONMENT.--IF MORE THAN ONE DEFENDANT IS
14 TRANSPORTED SIMULTANEOUSLY, REIMBURSEMENTS SHALL BE FOR ACTUAL
15 MILES TRAVELED, AND THE COST SHALL BE DIVIDED BETWEEN OR AMONG
16 THE DEFENDANTS.
17 (D) ADDITIONAL PERSONS.--A CONSTABLE OR DEPUTY CONSTABLE,
18 WHEN HE IS TRANSPORTING A PRISONER, SERVING A WARRANT IN A COURT
19 CASE OR SERVING A WARRANT ON A DEFENDANT OF THE OPPOSITE SEX,
20 MAY BE ACCOMPANIED BY A SECOND CONSTABLE OR DEPUTY CONSTABLE WHO
21 IS CERTIFIED PURSUANT TO SECTION 2943 (RELATING TO
22 CERTIFICATION) TO PERFORM JUDICIAL DUTIES. IN SUCH CASES, EACH
23 OFFICER SHALL RECEIVE THE FEE SET OUT IN THIS SECTION. IN ALL
24 OTHER CIVIL AND CRIMINAL CASES, THE ISSUING AUTHORITY MAY
25 AUTHORIZE SUCH PAYMENT TO A SECOND SUCH OFFICER.
26 (E) CIVIL CASES.--IN CIVIL CASES, CONSTABLE FEES MUST BE
27 PAID IN ADVANCE FOR SERVICES DESIRED TO BE PERFORMED. SUCH FEES
28 SHALL NOT BE REFUNDABLE TO THE PLAINTIFF IF A CASE IS SETTLED OR
29 A DEBT IS SATISFIED LESS THAN 48 HOURS PRIOR TO A SCHEDULED SALE
30 OR EJECTMENT, IN WHICH LATTER CASE THE CONSTABLE OR DEPUTY
19870H0628B2694 - 41 -
1 CONSTABLE SHALL BE PAID FOR A NONFORCIBLE EJECTMENT.
2 (F) PAYMENT.--FEES SHALL BE PAID AS SOON AS POSSIBLE AND IN
3 EVERY CASE NOT MORE THAN 30 DAYS AFTER THE LATTER OF THE
4 FOLLOWING OCCURS:
5 (1) THE SERVICE IS PERFORMED; AND
6 (2) THE REQUEST FOR PAYMENT IS SUBMITTED.
7 (G) SPECIFIC FEES.--FEES IN CIVIL CASES SHALL BE AS FOLLOWS:
8 (1) FOR SERVING COMPLAINT, SUMMONS OR NOTICE ON SUITOR
9 OR TENANT, EITHER PERSONALLY OR BY LEAVING A COPY, $10 PLUS
10 $5 FOR EACH ADDITIONAL DEFENDANT AT THE SAME ADDRESS.
11 (2) FOR SERVING SUBPOENAS, $10 FOR THE FIRST WITNESS
12 PLUS $2.50 FOR EACH ADDITIONAL WITNESS AT THE SAME ADDRESS.
13 (3) FOR LEVYING GOODS, INCLUDING SCHEDULE OF PROPERTY
14 LEVIED UPON AND SET ASIDE, $35.
15 (4) FOR ADVERTISING PERSONAL PROPERTY TO PUBLIC SALE, $5
16 PER POSTING (MAXIMUM OF $15) PLUS ACTUAL COST OF ADVERTISING.
17 (5) FOR SELLING GOODS LEVIED, $35.
18 (6) FOR CLERK HIRED AT SALES, $20.
19 (7) FOR MAKING RETURN OF NOT FOUND OR NULLA BONA (NO
20 GOODS), $10.
21 (8) FOR EXECUTING ORDER OF POSSESSION, $10.
22 (9) FOR NONFORCIBLE EJECTMENT ON ORDER OF POSSESSION,
23 $35.
24 (10) FOR FORCIBLE EJECTMENT, $70.
25 (11) FOR MAKING RETURN OF SERVICE, OTHER THAN NOT FOUND
26 OR NULLA BONA (NO GOODS), $2.50.
27 (12) FOR PROVIDING COURT-ORDERED SECURITY, $10 PER HOUR.
28 (H) CRIMINAL CASES.--FEES IN CRIMINAL CASES SHALL BE AS
29 FOLLOWS:
30 (1) FOR EXECUTING A WARRANT, $15 PER WARRANT.
19870H0628B2694 - 42 -
1 (2) FOR TAKING CUSTODY OF A DEFENDANT, $5 PER DEFENDANT.
2 (3) FOR CONVEYANCE OF DEFENDANT TO OR FROM COURT, $5 PER
3 DEFENDANT.
4 (4) FOR ATTENDANCE AT ARRAIGNMENT OR HEARING, $5 PER
5 DEFENDANT.
6 (5) FOR EXECUTING DISCHARGE, $5 PER DEFENDANT.
7 (6) FOR EXECUTING COMMITMENT, $5 PER DEFENDANT
8 (7) FOR EXECUTING RELEASE, $5 PER DEFENDANT.
9 (8) FOR MAKING RETURNS TO THE COURT OF PROCESS SERVED OR
10 NON EST INVENTUS (NOT FOUND), $2.50.
11 (9) WITH THE APPROVAL OF THE PRESIDENT JUDGE, $10 PER
12 DEFENDANT PER HOUR BEYOND THE FIRST HALF HOUR, ASSESSED TO
13 THE COURT.
14 (10) FOR CONVEYING DEFENDANTS FOR FINGERPRINTING, $5 PER
15 DEFENDANT.
16 (11) FOR OVERSEEING THE FINGERPRINTING OF DEFENDANTS AT
17 THE DIRECTION OF THE DISTRICT JUSTICE, $5 PER DEFENDANT PLUS
18 $10 PER DEFENDANT PER HOUR BEYOND THE FIRST HALF HOUR.
19 (12) FOR PROVIDING COURT-ORDERED SECURITY, $10 PER HOUR.
20 (I) SIMILAR FEES.--FOR CIVIL AND CRIMINAL SERVICES NOT
21 SPECIFICALLY PROVIDED FOR, THE COURT SHALL PAY THE SAME FEES AS
22 IT PAYS FOR SERVICES THAT IT DETERMINES TO BE SIMILAR TO THOSE
23 PERFORMED.
24 (J) ASSESSMENT BY COURT.--IN ALL CRIMINAL CASES WHEREIN THE
25 DEFENDANT IS DISCHARGED OR INDIGENT, OR THE CASE IS OTHERWISE
26 DISMISSED, THE COURT SHALL ASSESS TO THE COUNTY THE FEE AND THE
27 SURCHARGE PROVIDED IN SUBSECTION (L), EXCEPT THAT, IN CASES OF
28 PRIVATE CRIMINAL COMPLAINTS WHEREIN THE DEFENDANT IS DISCHARGED
29 PRIOR TO THE INDICTMENT OR THE FILING OF ANY INFORMATION OR THE
30 CASE IS OTHERWISE DISMISSED AT THE SUMMARY OFFENSE HEARING, THE
19870H0628B2694 - 43 -
1 COURT SHALL ASSESS THE FEE AND SURCHARGE TO THE AFFIANT.
2 (K) ADJUSTMENT OF FEES.--THE ADMINISTRATIVE OFFICE MAY RAISE
3 THE ABOVE FEES AND ADD NEW CATEGORIES AND FEES FROM TIME TO TIME
4 AS IT DEEMS FAIR AND JUST FOR THE PERFORMANCE OF JUDICIAL DUTIES
5 PROVIDED BY LAW.
6 (L) SURCHARGE.--THERE IS HEREBY ASSESSED A SURCHARGE OF $2
7 ON EACH FEE PAYABLE FOR THE PERFORMANCE OF JUDICIAL DUTIES TO
8 EVERY CONSTABLE OR DEPUTY CONSTABLE WHO IS CERTIFIED PURSUANT TO
9 SECTION 2943 TO PERFORM JUDICIAL DUTIES. THIS SURCHARGE IS
10 IMPOSED ON EACH INDIVIDUAL SERVICE FOR WHICH A FEE IS PROVIDED,
11 INCLUDING EACH HOUR FOR WHICH AN HOURLY RATE IS TO BE PAID.
12 MONEYS COLLECTED PURSUANT TO THIS SUBSECTION SHALL BE TURNED
13 OVER MONTHLY BY THE ISSUING AUTHORITY TO THE COUNTY TREASURER OF
14 THE COUNTY IN WHICH THE ISSUING AUTHORITY SERVES.
15 (M) SPECIAL ACCOUNT.--THERE IS HEREBY ESTABLISHED A SPECIAL
16 RESTRICTED RECEIPTS ACCOUNT WITHIN THE GENERAL FUND OF THE STATE
17 TREASURY, WHICH SHALL BE KNOWN AS THE CONSTABLES' EDUCATION AND
18 TRAINING ACCOUNT, FOR THE PURPOSE OF FINANCING PROGRAM EXPENSES,
19 THE COSTS OF ADMINISTERING THE PROGRAM AND ALL OTHER COSTS
20 ASSOCIATED WITH THE IMPLEMENTATION OF THE PROGRAM AND CONTINUING
21 EDUCATION COURSE ESTABLISHED PURSUANT TO THIS SUBCHAPTER.
22 (N) DISPOSITION OF FUNDS.--THE MONEYS COLLECTED BY COUNTY
23 TREASURERS UNDER SUBSECTION (L) SHALL BE FORWARDED MONTHLY BY
24 EACH COUNTY TREASURER TO THE STATE TREASURER FOR DEPOSIT INTO
25 THE ACCOUNT. NONE OF THESE MONEYS SHALL BE TRANSFERRED BY THE
26 STATE TREASURER TO ANOTHER ACCOUNT OR FUND.
27 (O) DISBURSEMENTS.--DISBURSEMENTS FROM THE ACCOUNT SHALL BE
28 MADE ONLY BY THE ADMINISTRATIVE OFFICE.
29 (P) AUDIT.--THE AUDITOR GENERAL SHALL CONDUCT AN AUDIT OF
30 THE ACCOUNT AS HE MAY DEEM NECESSARY OR ADVISABLE FROM TIME TO
19870H0628B2694 - 44 -
1 TIME.
2 § 2948. DISCIPLINE.
3 (A) LOSS OF CERTIFICATION.--A CONSTABLE OR DEPUTY CONSTABLE
4 WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO
5 MURDER OR A FELONY OR MISDEMEANOR SHALL AUTOMATICALLY CEASE TO
6 BE CERTIFIED TO PERFORM JUDICIAL DUTIES. A CONSTABLE OR DEPUTY
7 CONSTABLE WHO IS CONVICTED OF MURDER OR A FELONY OR MISDEMEANOR
8 SHALL BE SUSPENDED FROM PERFORMING JUDICIAL DUTIES BY THE
9 PRESIDENT JUDGE OF THE JUDICIAL DISTRICT IN WHICH THE CONSTABLE
10 OR DEPUTY CONSTABLE WAS ELECTED OR APPOINTED. AFTER ALL APPEALS
11 ARE EXHAUSTED, IF THE CONVICTION IS AFFIRMED, THE PRESIDENT
12 JUDGE SHALL REVOKE THE CERTIFICATION OF THE PERSON TO PERFORM
13 JUDICIAL DUTIES. IF THE CONVICTION IS REVERSED, THE PRESIDENT
14 JUDGE SHALL IMMEDIATELY LIFT THE SUSPENSION.
15 (B) RECERTIFICATION.--A CONSTABLE OR DEPUTY CONSTABLE WHO
16 HAS BEEN CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO
17 MURDER OR A FELONY SHALL BE FOREVER BARRED FROM PERFORMING
18 JUDICIAL DUTIES. A CONSTABLE WHO HAS BEEN CONVICTED OF OR PLEADS
19 GUILTY OR NOLO CONTENDERE TO A MISDEMEANOR, AND WHO HAS
20 SUBSEQUENTLY BEEN ELECTED OR REELECTED AS CONSTABLE, MAY THEN
21 SEEK RECERTIFICATION PURSUANT TO SECTION 2943(A) OR (B)
22 (RELATING TO CERTIFICATION). A DEPUTY CONSTABLE WHO HAS BEEN
23 CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A
24 MISDEMEANOR MAY SEEK RECERTIFICATION TO PERFORM JUDICIAL DUTIES
25 ONLY AFTER ALL OF THE FOLLOWING EVENTS HAVE TAKEN PLACE IN THE
26 FOLLOWING ORDER:
27 (1) HE HAS RESIGNED OR BEEN REMOVED FROM THE OFFICE OF
28 DEPUTY CONSTABLE.
29 (2) ANOTHER ELECTION FOR THE OFFICE OF CONSTABLE HAS
30 TAKEN PLACE IN THE JURISDICTION OF THE CONSTABLE WHO HAD
19870H0628B2694 - 45 -
1 APPOINTED HIM.
2 (3) HE HAS BEEN REAPPOINTED AS A DEPUTY CONSTABLE.
3 (C) ADMINISTRATION.--THE ADMINISTRATIVE OFFICE SHALL
4 ADMINISTER THE CONSTABLES AND DEPUTY CONSTABLES WHO ARE
5 CERTIFIED UNDER SECTION 2943 PURSUANT TO THE PENNSYLVANIA RULES
6 OF JUDICIAL ADMINISTRATION AS THE GOVERNING AUTHORITY MAY
7 DIRECT.
8 (D) JUDICIAL DUTIES.--UPON PETITION OF ANY PERSON, SUPPORTED
9 BY AFFIDAVIT, ANY PRESIDENT JUDGE MAY ISSUE, ON ANY CONSTABLE OR
10 DEPUTY CONSTABLE WHO IS ELECTED OR APPOINTED WITHIN THE JUDICIAL
11 DISTRICT AND WHO IS CERTIFIED TO PERFORM JUDICIAL DUTIES, A RULE
12 TO SHOW CAUSE WHY HIS CERTIFICATION SHOULD NOT BE SUSPENDED OR
13 REVOKED FOR INCOMPETENCE, NEGLECT OR VIOLATION OF ANY RULE OF
14 COURT RELATING TO THE CONDUCT OF CONSTABLES OR DEPUTY CONSTABLES
15 IN THE PERFORMANCE OF THEIR JUDICIAL DUTIES. THE RULE TO SHOW
16 CAUSE SHALL SET FORTH THE GROUNDS FOR THE PROPOSED SUSPENSION OR
17 REMOVAL AND SHALL BE RETURNABLE TO A JUDGE OTHER THAN THE
18 PRESIDENT JUDGE. AFTER A HEARING, THE JUDGE MAY SUSPEND OR
19 REVOKE THE CERTIFICATION OF THE CONSTABLE OR DEPUTY CONSTABLE
20 FOR SUCH CAUSE.
21 (E) SUSPENSION OR RESTRICTIONS.--PENDING THE OUTCOME OF A
22 FINAL RULING ON A PETITION PRESENTED PURSUANT TO SUBSECTION (D),
23 THE PRESIDENT JUDGE MAY SUSPEND OR PLACE RESTRICTIONS UPON THE
24 CERTIFICATION TO PERFORM JUDICIAL DUTIES OF ANY CONSTABLE OR
25 DEPUTY CONSTABLE ON AN INTERIM BASIS IF FACTS ALLEGED UNDER OATH
26 DEMONSTRATE THAT CONTINUED AND/OR UNRESTRICTED PERFORMANCE OF
27 JUDICIAL DUTIES BY THE OFFICER WOULD POSE A CLEAR AND PRESENT
28 DANGER TO THE PERSON OR PROPERTY OF OTHERS. SUCH INTERIM ORDER
29 SHALL DISSOLVE ON THE TENTH DAY AFTER IT IS SIGNED UNLESS ONE OR
30 MORE OF THE FOLLOWING EVENTS TAKE PLACE WITHIN THAT TEN-DAY
19870H0628B2694 - 46 -
1 PERIOD:
2 (1) A HEARING IS HELD ON THE CONTINUATION OF THE INTERIM
3 ORDER AND THE COURT DETERMINES THAT THE ORDER SHALL REMAIN IN
4 EFFECT;
5 (2) THE CONSTABLE OR DEPUTY CONSTABLE REQUESTS AND
6 RECEIVES A CONTINUANCE OF SUCH HEARING; OR
7 (3) THE CONSTABLE OR DEPUTY CONSTABLE FAILS TO APPEAR
8 FOR SUCH HEARING.
9 (F) DURATION OF ORDER.--THE HEARING MAY BE HELD BEFORE THE
10 PRESIDENT JUDGE OR ANY OTHER JUDGE. THE INTERIM ORDER PROVIDED
11 FOR IN SUBSECTION (E) SHALL IN ALL CASES DISSOLVE ON THE 30TH
12 DAY AFTER IT IS SIGNED UNLESS ONE OR MORE OF THE FOLLOWING
13 EVENTS TAKES PLACE WITHIN THAT 30-DAY PERIOD:
14 (1) THE CONSTABLE OR DEPUTY CONSTABLE REQUESTS AND
15 RECEIVES A CONTINUANCE OF THE HEARING PROVIDED FOR IN
16 SUBSECTION (D);
17 (2) THE CONSTABLE OR DEPUTY CONSTABLE FAILS TO APPEAR
18 FOR SUCH HEARING; OR
19 (3) THE INTERIM ORDER IS SOONER DISSOLVED BY THE COURT.
20 NO MORE THAN ONE INTERIM SUSPENSION OR RESTRICTION PROCEEDING
21 MAY BE INITIATED PURSUANT THIS SUBSECTION ON THE BASIS OF THE
22 SAME ALLEGED FACTS.
23 (G) OTHER DUTIES.--A CONSTABLE OR DEPUTY CONSTABLE WHOSE
24 CERTIFICATION TO PERFORM JUDICIAL DUTIES IS SUSPENDED OR REVOKED
25 MAY CONTINUE TO SERVE AS A CONSTABLE OR DEPUTY CONSTABLE
26 PERFORMING OTHER DUTIES UNLESS REMOVED FROM OFFICE AS PROVIDED
27 BY LAW.
28 SECTION 4. THE DEFINITION OF "EMERGENCY VEHICLE" IN SECTION
29 102 OF TITLE 75 IS AMENDED TO READ:
30 § 102. DEFINITIONS.
19870H0628B2694 - 47 -
1 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
2 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
3 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
4 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
5 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
6 * * *
7 "EMERGENCY VEHICLE." A FIRE DEPARTMENT VEHICLE, POLICE
8 VEHICLE, AMBULANCE, BLOOD-DELIVERY VEHICLE, ARMED FORCES
9 EMERGENCY VEHICLE, ONE VEHICLE OPERATED BY A CORONER OR CHIEF
10 COUNTY MEDICAL EXAMINER AND ONE VEHICLE OPERATED BY A CHIEF
11 DEPUTY CORONER OR DEPUTY CHIEF COUNTY MEDICAL EXAMINER USED FOR
12 ANSWERING EMERGENCY CALLS, ONE PRIVATE VEHICLE OF A FIRE OR
13 POLICE CHIEF OR ASSISTANT CHIEF OR, WHEN A FIRE COMPANY HAS
14 THREE OR MORE FIRE VEHICLES, A SECOND ASSISTANT CHIEF, OR FIRE
15 POLICE CAPTAIN AND FIRE POLICE LIEUTENANT OR AMBULANCE CORPS
16 COMMANDER OR ASSISTANT COMMANDER OR OF A RIVER RESCUE COMMANDER
17 OR ASSISTANT COMMANDER OR EMERGENCY MANAGEMENT COORDINATOR OR
18 FIRE MARSHAL USED FOR ANSWERING EMERGENCY CALLS, THE VEHICLE OF
19 A CONSTABLE OR DEPUTY CONSTABLE WHO IS CERTIFIED PURSUANT TO 42
20 PA.C.S. § 2943 (RELATING TO CERTIFICATION) OR OTHER VEHICLE
21 DESIGNATED BY THE STATE POLICE UNDER SECTION 6106 (RELATING TO
22 DESIGNATION OF EMERGENCY VEHICLES BY PENNSYLVANIA STATE POLICE).
23 * * *
24 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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