PRINTER'S NO. 1130
No. 983 Session of 1989
INTRODUCED BY JUBELIRER, MADIGAN, PORTERFIELD, ROCKS,
AFFLERBACH, BELL, REIBMAN, LEWIS, BRIGHTBILL, SHAFFER, PUNT
AND STOUT, MAY 31, 1989
REFERRED TO JUDICIARY, MAY 31, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, adding provisions
3 relating to constables.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "officer enforcing orders" in
7 section 102 of Title 42 of the Pennsylvania Consolidated
8 Statutes is amended to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this title which are applicable to specific
12 provisions of this title, the following words and phrases when
13 used in this title shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
16 "Officer enforcing orders." Includes:
17 (1) A recorder of deeds when the order affects the
18 ownership of an interest in property described or describable
1 by a document which has been or may be filed or recorded in
2 his office, or relates to the indexing of documents filed or
3 recorded in his office.
4 (2) A register of wills.
5 (3) A sheriff.
6 (4) A constable or deputy constable while actually
7 engaged in the performance of judicial duties as defined in
8 section 2941 (relating to definitions).
9 Section 2. Sections 2131 and 2132 of Title 42 are amended to
10 read:
11 § 2131. Minor Judiciary Education Board.
12 (a) General rule.--The Minor Judiciary Education Board shall
13 consist of [seven] nine members selected as provided in this
14 subchapter.
15 (b) Seal.--The Minor Judiciary Education Board shall have a
16 seal engraved with its name and such other inscription as may be
17 specified by general rule. A facsimile or preprinted seal may be
18 used for all purposes in lieu of the original seal.
19 § 2132. Composition of board.
20 (a) General rule.--The Minor Judiciary Education Board shall
21 consist of the following appointed by the Governor with the
22 consent of a majority of the members elected to the Senate:
23 (1) Three persons who shall be judges of the Pittsburgh
24 Magistrates Court or the Traffic Court of Philadelphia or
25 district justices.
26 (2) Three members of the bar of this Commonwealth.
27 (3) One lay elector.
28 (4) Two constables who are certified pursuant to section
29 2943 (relating to certification) and who shall be residents
30 of different counties.
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1 (b) Terms of office.--The members of the board shall serve
2 for terms of five years and until a successor has been appointed
3 and qualified. A vacancy on the board shall be filled for the
4 balance of the term.
5 (c) Compensation.--Members of the board shall receive such
6 fees or salary as shall be fixed by the governing authority in
7 the manner provided by section 503(b) (relating to procedures).
8 Section 3. Subchapter C of Chapter 29 of Title 42 is amended
9 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. Definitions.
19 2942. Powers and duties.
20 2943. Certification.
21 2944. Basic education.
22 2945. Continuing education.
23 2946. Firearms.
24 2947. Fees.
25 2948. Discipline.
26 § 2941. Definitions.
27 The following words and phrases when used in this subchapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Board." The Minor Judiciary Education Board established
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1 pursuant to Subchapter D of Chapter 21 (relating to Minor
2 Judiciary Education Board).
3 "Clerk." The clerk of the courts, or other person holding a
4 similar office in counties that do not have a clerk of courts,
5 of common pleas of the judicial district in which the constable
6 or deputy constable was elected or appointed.
7 "Constable." Any person holding the elective office of
8 constable, whether by election or by appointment to fill a
9 vacancy in such elective office.
10 "Deputy constable." Any person holding the office of deputy
11 constable as a result of appointment by a constable as provided
12 by law.
13 "Judicial duties." Service, execution and return of court-
14 authorized process; levy of attachment, levy or execution;
15 presale and postsale control of property; sales and conveyances;
16 collection, custody and disposition of money; custody and
17 control of respondents, defendants and convicts; court-ordered
18 security; and preservation of official exhibits and papers.
19 "Program." The Constables' Education and Training Program
20 established pursuant to section 2943 (relating to
21 certification).
22 § 2942. Powers and duties.
23 (a) Certification required.--No constable or deputy
24 constable shall perform any judicial duties, nor receive any
25 compensation therefor, unless he is certified pursuant to
26 section 2943 (relating to certification).
27 (b) Supervision.--Constables and deputy constables may
28 perform judicial duties if they are certified pursuant to
29 section 2943 and, while doing so, shall be subject to the
30 supervision of the president judge of the judicial district in
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1 which they were elected or appointed. The president judge may
2 appoint a deputy court administrator for the purpose of
3 assisting him in administering the constable system in the
4 judicial district.
5 (c) Arrest powers.--A constable or deputy constable who is
6 certified pursuant to section 2943 to perform judicial duties
7 shall have the power of arrest without a warrant with respect to
8 any person he observes committing any crime under 18 Pa.C.S. §
9 3503 (relating to criminal trespass) or 18 Pa.C.S. Ch. 25
10 (relating to criminal homicide), 27 (relating to assault) or 51
11 (relating to obstructing governmental operations) which
12 interferes with or obstructs him in the performance of his
13 judicial duties.
14 (d) Nonseverable provisions.--Notwithstanding the provisions
15 of this or any other law to the contrary, all constables and
16 deputy constables shall enjoy all of the rights and privileges
17 accorded to constables by section 10 of the act of October 4,
18 1978 (P.L.883, No.170), referred to as the Public Official and
19 Employee Ethics Law. This subsection is nonseverable from the
20 remainder of this subchapter. In the event that section 10 of
21 the Public Official and Employee Ethics Law or this subsection
22 is invalidated or suspended as to constables or deputy
23 constables, then this entire subchapter shall be deemed to be
24 invalidated or suspended.
25 (e) Judicial duties.--Constables and deputy constables shall
26 continue to have all powers and to exercise all duties provided
27 by law, whether or not they become certified, except as provided
28 in subsection (a), and as follows:
29 (1) Constables and deputy constables who are certified
30 pursuant to section 2943 to perform judicial duties shall
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1 give priority to their judicial duties over their other
2 constable functions.
3 (2) While a constable or deputy constable is performing
4 his judicial duties, he shall not simultaneously exercise any
5 of the other powers or perform any of the other duties of a
6 constable or deputy constable.
7 (3) While a constable or deputy constable is performing
8 duties other than judicial duties, regardless of whether or
9 not he is certified pursuant to section 2943, he shall not be
10 subject to the supervision of the president judge, nor shall
11 he in any manner hold himself out to be active as an agent,
12 employee or representative of any court, district justice or
13 judge, either by word, by the display of any badge, card,
14 decal, emblem, insignia, identification, marking, patch or
15 sign approved by the Administrative Office, or otherwise.
16 § 2943. Certification.
17 (a) Requirements.--Any constable or deputy constable shall
18 become certified to perform judicial duties upon successfully
19 completing the program established pursuant to section 2944
20 (relating to basic education), filing a certificate attesting
21 thereto with the clerk and filing with the clerk proof that he
22 has, currently in force, a policy of professional liability
23 insurance covering him in the performance of his judicial duties
24 with a minimum coverage of $250,000 per incident and a minimum
25 aggregate of $500,000 per year.
26 (b) Completion of program.--Any person shall be deemed to
27 have completed the program if he successfully completes the
28 examination administered at the end of any such course. No one
29 who fails to achieve a passing score on the examination may
30 thereafter repeat the examination without attending the course
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1 of study.
2 (c) Temporary certification.--Every constable or deputy
3 constable who is in office on the effective date of this
4 subchapter shall be deemed to be temporarily certified to
5 perform judicial duties for the balance of his current term of
6 office. As used in this subsection, the "current term of office"
7 of a deputy constable shall be coterminous with that of the
8 constable who appointed him, unless sooner revoked or
9 terminated. At the conclusion of the current term of office, no
10 such constables or deputy constables shall continue to be deemed
11 certified unless they have complied with the provisions of
12 subsection (a).
13 (d) Loss of certification.--Any constable or deputy
14 constable who fails, neglects or refuses to comply with any
15 continuing education and training regulations adopted by the
16 board shall cease automatically to be certified to perform
17 judicial duties as of the end of the period of time established
18 by the board, which shall not be less than one year, during
19 which such regulations were not complied with.
20 (e) Insurance required.--Any constable or deputy constable
21 who fails, neglects or refuses to maintain a current insurance
22 policy as required by subsection (a), or to file proof thereof
23 with the clerk, shall cease automatically to be certified to
24 perform judicial duties upon the expiration of the policy of
25 which proof has been filed with the clerk, and the clerk shall
26 so notify the Administrative Office.
27 (f) Recertification.--Any constable or deputy constable who
28 ceases to be certified to perform judicial duties as a result of
29 the operation of subsection (e) may later be recertified
30 immediately by filing with the clerk proof that such insurance
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1 has been in force continuously since the officer was last
2 certified to perform judicial duties, and the clerk shall so
3 notify the Administrative Office or, in the case of a violation
4 of subsection (e), the individual may be recertified by
5 complying with subsection (a).
6 § 2944. Basic education.
7 (a) Program--The board shall prescribe and approve the
8 subject matter and the examination for the program. The board
9 shall administer the program and conduct the examination at such
10 times, at such places and in such manner as the regulations of
11 the board may prescribe. The course shall be offered as
12 frequently, and in as many locations throughout this
13 Commonwealth, as available funds permit. If available funds
14 permit, the course shall be offered on a regional basis, taking
15 into account the density of population of constables and the
16 accessibility of locations to such population. The course may be
17 offered at one location on a full-time basis for a period not
18 exceeding two weeks in duration. In all other locations, the
19 course shall be offered on an evening and/or weekend basis and
20 shall not exceed 80 hours in duration.
21 (b) Eligibility.--Any person who is eligible to become a
22 constable or deputy constable may attend the course and/or take
23 the examination.
24 (c) Admission priority.--In the event that there are more
25 applications for admission to the program than can be
26 accommodated at a particular time and place, priority in
27 admission shall be granted as follows:
28 (1) First preference shall be given to constables.
29 Within this category, preference shall be given to those
30 whose terms of office will expire sooner rather than later.
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1 (2) Second preference shall be given to deputy
2 constables. Within this category, preference shall be given
3 to those whose appointing constables are serving terms which
4 will expire sooner rather than later.
5 (3) Third preference shall be given to candidates for
6 the office of constable who have filed nomination papers or
7 petitions with their respective county boards of election or
8 who have received the nomination of a political body, party
9 or minor political party as such terms are defined in the act
10 of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
11 Election Code.
12 (4) Fourth preference shall be given to other interested
13 persons who are eligible to become constables or deputy
14 constables.
15 (d) Completion.--Every person who successfully completes the
16 program shall receive from the board a certificate so stating.
17 § 2945. Continuing education.
18 (a) General rule.--The board shall prescribe and approve a
19 course of continuing education and training for constables and
20 deputy constables and shall administer the course and shall
21 conduct it at such times, at such places and in such manner as
22 the regulations of the board may prescribe. The course shall be
23 offered as frequently, and in as many locations throughout this
24 Commonwealth, as available funds permit. If available funds
25 permit, the course shall be offered on a regional basis, taking
26 into account the density of population of constables and the
27 accessibility of locations to such population. The course may be
28 offered at one location on a full-time basis for a period not
29 exceeding one week in duration. In all other locations, the
30 course shall be offered on an evening and/or weekend basis and
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1 shall not exceed 40 hours in duration.
2 (b) Admission open.--No constable or deputy constable who is
3 certified pursuant to section 2943 (relating to certification)
4 shall be denied admission to any such course.
5 (c) Requirement.--The board may require constables and
6 deputy constables, as a condition to their remaining certified
7 to perform judicial duties, to successfully complete such a
8 course no more than once in every year, or longer period of
9 time, subsequent to the year in which they were initially so
10 certified.
11 (d) Notice.--The board shall immediately notify the
12 Administrative Office and the clerk, of any constable or deputy
13 constable who fails, neglects or refuses to successfully
14 complete any course of continuing education and training within
15 the time period required.
16 § 2946. Firearms.
17 (a) General rule.--No constable or deputy constable may
18 carry or use a firearm in the performance of judicial duties
19 unless he has successfully completed a program of education and
20 training, which has been approved by the board, in the proper
21 use of firearms. For the purpose of this subsection, the
22 firearms portion of the education and training program
23 established pursuant to the act of June 18, 1974 (P.L.359,
24 No.120), referred to as the Municipal Police Education and
25 Training Law, shall be deemed to be a program approved by the
26 board. Any person who has successfully completed the firearms
27 portion of the program established pursuant to the act of
28 February 9, 1984 (P.L.3, No.2), known as the Deputy Sheriffs'
29 Education and Training Act, may satisfy the requirements of this
30 subsection by successfully completing a written firearms
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1 examination approved by the board.
2 (b) Requalification.--No constable or deputy constable may
3 carry or use a firearm in the performance of judicial duties
4 unless he has requalified with his firearm as the board may
5 require, which requalification shall not be required more than
6 once a year after his initial qualification.
7 (c) Permitted use.--Any constable or deputy constable may
8 carry and use a firearm in the performance of judicial duties
9 provided that he has met the requirements of this section.
10 (d) Carrying firearms in performance of any official
11 duties.--A constable or deputy constable who is not certified
12 pursuant to section 2943 (relating to certification) may not
13 carry or use a firearm in the performance of any of his official
14 duties unless he has successfully completed the firearms portion
15 of one or more of the following:
16 (1) Any program approved pursuant to the Municipal
17 Police Education and Training Law.
18 (2) Any program approved pursuant to the act of October
19 10, 1974 (P.L.705, No.235), known as the Lethal Weapons
20 Training Act.
21 (3) The program established pursuant to the Deputy
22 Sheriffs' Education and Training Act.
23 (4) Any program approved by the board pursuant to
24 subsection (a).
25 § 2947. Fees.
26 (a) General rule.--Constables and deputy constables shall be
27 compensated for performing judicial duties by the payment of
28 fees as set forth in this section and shall be paid according to
29 law for performing other duties.
30 (b) Travel or mileage.--Actual mileage for travel by motor
19890S0983B1130 - 11 -
1 vehicle shall be reimbursed at a rate equal to the highest rate
2 allowed by the Internal Revenue Service. If travel is by other
3 than motor vehicle, reimbursement shall be for actual, vouchered
4 travel expenses.
5 (c) Apportionment.--If more than one defendant is
6 transported simultaneously, reimbursements shall be for actual
7 miles traveled, and the cost shall be divided between or among
8 the defendants.
9 (d) Additional persons.--A constable or deputy constable,
10 when he is transporting a prisoner, serving a warrant in a court
11 case or serving a warrant on a defendant of the opposite sex,
12 may be accompanied by a second constable or deputy constable who
13 is certified pursuant to section 2943 (relating to
14 certification) to perform judicial duties. In such cases, each
15 officer shall receive the fee set out in this section. In all
16 other civil and criminal cases, the issuing authority may
17 authorize such payment to a second such officer.
18 (e) Civil cases.--In civil cases, constable fees must be
19 paid in advance for services desired to be performed. Such fees
20 shall not be refundable to the plaintiff if a case is settled or
21 a debt is satisfied less than 48 hours prior to a scheduled sale
22 or ejectment, in which latter case the constable or deputy
23 constable shall be paid for a nonforcible ejectment.
24 (f) Payment.--Fees shall be paid as soon as possible and in
25 every case not more than 30 days after the latter of the
26 following occurs:
27 (1) the service is performed; and
28 (2) the request for payment is submitted.
29 (g) Specific fees.--Fees in civil cases shall be as follows:
30 (1) For serving complaint, summons or notice on suitor
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1 or tenant, either personally or by leaving a copy, $10 plus
2 $5 for each additional defendant at the same address.
3 (2) For serving subpoenas, $10 for the first witness
4 plus $2.50 for each additional witness at the same address.
5 (3) For levying goods, including schedule of property
6 levied upon and set aside, $35.
7 (4) For advertising personal property to public sale, $5
8 per posting (maximum of $15) plus actual cost of advertising.
9 (5) For selling goods levied, $35.
10 (6) For clerk hired at sales, $20.
11 (7) For making return of not found or nulla bona (no
12 goods), $10.
13 (8) For executing order of possession, $10.
14 (9) For nonforcible ejectment on order of possession,
15 $35.
16 (10) For forcible ejectment, $70.
17 (11) For making return of service, other than not found
18 or nulla bona (no goods), $2.50.
19 (12) For providing court-ordered security, $10 per hour.
20 (h) Criminal cases.--Fees in criminal cases shall be as
21 follows:
22 (1) For executing a warrant, $15 per warrant.
23 (2) For taking custody of a defendant, $5 per defendant.
24 (3) For conveyance of defendant to or from court, $5 per
25 defendant.
26 (4) For attendance at arraignment or hearing, $5 per
27 defendant.
28 (5) For executing discharge, $5 per defendant.
29 (6) For executing commitment, $5 per defendant
30 (7) For executing release, $5 per defendant.
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1 (8) For making returns to the court of process served or
2 non est inventus (not found), $2.50.
3 (9) With the approval of the president judge, $10 per
4 defendant per hour beyond the first half hour, assessed to
5 the court.
6 (10) For conveying defendants for fingerprinting, $5 per
7 defendant.
8 (11) For overseeing the fingerprinting of defendants at
9 the direction of the district justice, $5 per defendant plus
10 $10 per defendant per hour beyond the first half hour.
11 (12) For providing court-ordered security, $10 per hour.
12 (i) Similar fees.--For civil and criminal services not
13 specifically provided for, the court shall pay the same fees as
14 it pays for services that it determines to be similar to those
15 performed.
16 (j) Assessment by court.--In all criminal cases wherein the
17 defendant is discharged or indigent, or the case is otherwise
18 dismissed, the court shall assess to the county the fee and the
19 surcharge provided in subsection (l), except that, in cases of
20 private criminal complaints wherein the defendant is discharged
21 prior to the indictment or the filing of any information or the
22 case is otherwise dismissed at the summary offense hearing, the
23 court shall assess the fee and surcharge to the affiant.
24 (k) Adjustment of fees.--The Administrative Office may raise
25 the above fees and add new categories and fees from time to time
26 as it deems fair and just for the performance of judicial duties
27 provided by law.
28 (l) Surcharge.--There is hereby assessed a surcharge of $2
29 on each fee payable for the performance of judicial duties to
30 every constable or deputy constable who is certified pursuant to
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1 section 2943 to perform judicial duties. This surcharge is
2 imposed on each individual service for which a fee is provided,
3 including each hour for which an hourly rate is to be paid.
4 Moneys collected pursuant to this subsection shall be turned
5 over monthly by the issuing authority to the county treasurer of
6 the county in which the issuing authority serves.
7 (m) Special account.--There is hereby established a special
8 restricted receipts account within the General Fund of the State
9 Treasury, which shall be known as the Constables' Education and
10 Training Account, for the purpose of financing expenses, costs
11 of administration and all other costs associated with the
12 program and continuing education courses established pursuant to
13 this subchapter. No funds from this special account shall be
14 used for administrative costs of the court administrator.
15 (n) Disposition of funds.--The moneys collected by county
16 treasurers under subsection (l) shall be forwarded monthly by
17 each county treasurer to the Department of Revenue for deposit
18 into the special account. None of these moneys shall be
19 transferred by the State Treasurer to another account or fund.
20 (o) Appropriations.--
21 (1) For the 1989-1990 fiscal year, all moneys deposited
22 in the special account established under subsection (m) are
23 hereby appropriated to the Court Administrator of
24 Pennsylvania to be used for the constable education and
25 training program as set forth in subsection (m).
26 (2) For the fiscal year beginning July 1, 1990, and each
27 year thereafter, the General Assembly shall appropriate to
28 the Court Administrator of Pennsylvania from the special
29 account established under subsection (m) such funds as may be
30 necessary to carry out the provisions of this act.
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1 (p) Disbursements.--Disbursements from the account shall be
2 made only by the Administrative Office.
3 (q) Audit.--The Auditor General shall conduct an audit of
4 the account as he may deem necessary or advisable from time to
5 time.
6 § 2948. Discipline.
7 (a) Loss of certification.--A constable or deputy constable
8 who is convicted of or pleads guilty or nolo contendere to
9 murder or a felony or misdemeanor shall automatically cease to
10 be certified to perform judicial duties and shall be suspended
11 from performing judicial duties by the president judge of the
12 judicial district in which the constable or deputy constable was
13 elected or appointed. After all appeals are exhausted, if the
14 conviction is affirmed, the president judge shall revoke the
15 certification of the person to perform judicial duties. If the
16 conviction is reversed, the president judge shall immediately
17 lift the suspension.
18 (b) Recertification.--A constable or deputy constable who
19 has been convicted of or pleads guilty or nolo contendere to
20 murder or a felony shall be forever barred from performing
21 judicial duties. A constable who has been convicted of or pleads
22 guilty or nolo contendere to a misdemeanor, and who has
23 subsequently been elected or reelected as constable, may then
24 seek recertification pursuant to section 2943(a) (relating to
25 certification). A deputy constable who has been convicted of or
26 pleads guilty or nolo contendere to a misdemeanor may seek
27 recertification to perform judicial duties only after all of the
28 following events have taken place in the following order:
29 (1) He has resigned or been removed from the office of
30 deputy constable.
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1 (2) Another election for the office of constable has
2 taken place in the jurisdiction of the constable who had
3 appointed him.
4 (3) He has been reappointed as a deputy constable.
5 (c) Administration.--The Administrative Office shall
6 administer the constables and deputy constables who are
7 certified under section 2943 pursuant to the Pennsylvania Rules
8 of Judicial Administration as the governing authority may
9 direct.
10 (d) Judicial duties.--Upon petition of any person, supported
11 by affidavit, a president judge may issue, on any constable or
12 deputy constable who is elected or appointed within the judicial
13 district and who is certified to perform judicial duties, a rule
14 to show cause why his certification should not be suspended or
15 revoked for incompetence, neglect or violation of any rule of
16 court relating to the conduct of constables or deputy constables
17 in the performance of their judicial duties. The rule to show
18 cause shall set forth the grounds for the proposed suspension or
19 revocation and shall be returnable to a judge other than the
20 president judge. After a hearing, the judge may suspend or
21 revoke the certification of the constable or deputy constable
22 for such cause.
23 (e) Suspension or restrictions.--Pending a final ruling
24 pursuant to subsection (d), the president judge may suspend or
25 place restrictions upon the certification to perform judicial
26 duties of any constable or deputy constable on an interim basis
27 if facts alleged under oath demonstrate that continued and/or
28 unrestricted performance of judicial duties by the officer would
29 pose a clear and present danger to the person or property of
30 others.
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1 (f) Duration of order.--
2 (1) The interim order provided for in subsection (e)
3 shall dissolve on the tenth day after it is signed unless one
4 or more of the following events take place within that ten-
5 day period:
6 (i) A hearing is held on the continuation of the
7 interim order and the court determines that the order
8 shall remain in effect.
9 (ii) The constable or deputy constable requests and
10 receives a continuance of such hearing.
11 (iii) The constable or deputy constable fails to
12 appear for such hearing.
13 (2) The interim order provided for in subsection (e)
14 shall in all cases dissolve on the 30th day after it is
15 signed unless one or more of the following events takes place
16 within that 30-day period:
17 (i) The constable or deputy constable requests and
18 receives a continuance of the hearing provided for in
19 subsection (d).
20 (ii) The constable or deputy constable fails to
21 appear for such hearing.
22 (3) The interim order is sooner dissolved by the
23 court.
24 No more than one interim suspension or restriction proceeding
25 may be initiated pursuant this subsection on the basis of the
26 same alleged facts.
27 (g) Other duties.--A constable or deputy constable whose
28 certification to perform judicial duties is suspended or revoked
29 may continue to serve as a constable or deputy constable
30 performing other duties unless removed from office as provided
19890S0983B1130 - 18 -
1 by law.
2 Section 4. This act shall take effect immediately.
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