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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 1182                      PRINTER'S NO. 3425

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1040 Session of 1989


        INTRODUCED BY MORRIS, HAYES, RUDY, BRANDT, WASS, CHADWICK,
           COLAIZZO, COY, BARLEY, HERSHEY, HALUSKA, JOHNSON, MAINE,
           SEMMEL, BILLOW, MELIO, BUSH, BROUJOS, BOWLEY, LLOYD,
           D. F. CLARK, KOSINSKI, FEE, CARLSON, SCHEETZ, STABACK,
           CORRIGAN, FAIRCHILD, KUKOVICH, BATTISTO, TANGRETTI, SAURMAN,
           FARGO, BURD, SERAFINI, DORR, G. SNYDER, MERRY, TRELLO,
           McCALL, ARGALL, NOYE, VEON, ROBBINS, HERMAN, VROON, PISTELLA,
           HESS, E. Z. TAYLOR, SCHULER, ITKIN, PETRARCA, STAIRS, COLE,
           COLAFELLA, LANGTRY, JAMES, LaGROTTA, SCRIMENTI, LEE, BISHOP,
           ALLEN AND RICHARDSON, APRIL 5, 1989

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           APRIL 24, 1990

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing FOR      <--
     3     JURISDICTION AND VENUE OF JUVENILE MATTERS AND for the
     4     liability of corporate directors.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The definition of "business corporation" in        <--
     8  section 8362 of Title 42 of the Pennsylvania Consolidated
     9  Statutes is amended to read:
    10     SECTION 1.  SECTIONS 1515(A)(1) AND 6303 OF TITLE 42 OF THE    <--
    11  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    12  § 1515.  JURISDICTION AND VENUE.
    13     (A)  JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
    14  RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT

     1  OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
     2  PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
     3  FOLLOWING MATTERS:
     4         (1)  SUMMARY OFFENSES, EXCEPT THOSE WITHIN THE
     5     JURISDICTION OF AN ESTABLISHED AND OPEN TRAFFIC COURT AND
     6     EXCEPT THOSE ARISING OUT OF THE SAME EPISODE OR TRANSACTION
     7     INVOLVING A DELINQUENT ACT FOR WHICH A CHILD IS CHARGED AS A
     8     DELINQUENT CHILD UNDER CHAPTER 63 (RELATING TO JUVENILE
     9     MATTERS).
    10         * * *
    11  § 6303.  SCOPE OF CHAPTER.
    12     (A)  GENERAL RULE.--THIS CHAPTER SHALL APPLY EXCLUSIVELY TO
    13  THE FOLLOWING:
    14         (1)  PROCEEDINGS IN WHICH A CHILD IS ALLEGED TO BE
    15     DELINQUENT OR DEPENDENT.
    16         (2)  TRANSFERS UNDER SECTION 6322 (RELATING TO TRANSFER
    17     FROM CRIMINAL PROCEEDINGS).
    18         (3)  PROCEEDINGS ARISING UNDER SUBCHAPTER E (RELATING TO
    19     DISPOSITIONS AFFECTING OTHER JURISDICTIONS).
    20         (4)  PROCEEDINGS UNDER THE INTERSTATE COMPACT ON
    21     JUVENILES, AS SET FORTH IN SECTION 731 OF THE ACT OF JUNE 13,
    22     1967 (P.L.31, NO.21), KNOWN AS THE "PUBLIC WELFARE CODE."
    23         (5)  PROCEEDINGS IN WHICH A CHILD IS CHARGED WITH A
    24     SUMMARY OFFENSE ARISING OUT OF THE SAME EPISODE OR
    25     TRANSACTION INVOLVING A DELINQUENT ACT FOR WHICH A CHILD IS
    26     CHARGED AS A DELINQUENT CHILD. SUCH SUMMARY OFFENSES SHALL BE
    27     INCLUDED IN ANY PETITION REGARDING THE ANCILLARY DELINQUENT
    28     ACT. UPON FINDING A CHILD TO HAVE COMMITTED A SUMMARY
    29     OFFENSE, THE COURT MAY UTILIZE ANY DISPOSITION AVAILABLE TO
    30     THE MINOR JUDICIARY WHERE A CHILD IS FOUND TO HAVE COMMITTED
    19890H1040B3425                  - 2 -

     1     A SUMMARY OFFENSE.
     2     (B)  MINOR JUDICIARY.--NO CHILD SHALL BE DETAINED, COMMITTED
     3  OR SENTENCED TO IMPRISONMENT BY A DISTRICT JUSTICE OR A JUDGE OF
     4  THE MINOR JUDICIARY.
     5     SECTION 2.  THE DEFINITION OF "BUSINESS CORPORATION" IN
     6  SECTION 8362 OF TITLE 42 IS AMENDED TO READ:
     7  § 8362.  Definitions of subchapter.
     8     The following words and phrases when used in this subchapter
     9  shall have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     "Business corporation."  Any corporation subject to the act
    12  of May 17, 1921 (P.L.682, No.284), known as The Insurance
    13  Company Law of 1921, the act of May 5, 1933 (P.L.364, No.106),
    14  known as the Business Corporation Law, the act of November 30,
    15  1965 (P.L.847, No.356), known as the Banking Code of 1965, or
    16  the act of December 14, 1967 (P.L.746, No.345), known as the
    17  Savings Association Code of 1967, or any association subject to
    18  the act of June 12, 1968 (P.L.173, No.94), known as the
    19  Cooperative Agricultural Association Act.
    20     * * *
    21     Section 2.  This act 3.  SECTION 2 OF THIS ACT, AMENDING       <--
    22  SECTION 8362, shall be retroactive to January 27, 1987.
    23     Section 3 4.  This act shall take effect immediately.          <--





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