PRINTER'S NO. 2350
No. 1932 Session of 1993
INTRODUCED BY CALTAGIRONE, JUNE 23, 1993
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 1993
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, extending contempt of
3 court powers to district justices and clarifying their
4 subpoena powers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 4137. Contempt powers of district justices.
10 (a) General rule.--District justices shall have the power to
11 issue attachments and impose summary punishments for criminal
12 contempts of a district justice court in the following cases:
13 (1) Misbehavior of any person in the presence of the
14 court, thereby obstructing the administration of justice.
15 (2) Failure of a person to obey lawful process in the
16 nature of a subpoena issued by a district justice in a
17 criminal proceeding.
18 (3) Failure to comply with an order of a district
1 justice directing a defendant in a criminal proceeding to
2 compensate the victim of the criminal conduct for the damage
3 or injury sustained by the victim.
4 (4) Violation of an order issued pursuant to 23 Pa.C.S.
5 § 6110 (relating to emergency relief by minor judiciary).
6 (b) Limitation.--The power of contempt shall not include
7 system and related personnel, attorneys or law enforcement
8 officers when performing official duties or acting as officers
9 of the court.
10 (c) Punishment.--Punishment for a contempt specified in
11 subsection (a)(1), (3) or (4) may be by a fine of not more than
12 $100 or to imprisonment for not more than ten days, or both.
13 Punishment for a contempt specified in subsection (a)(2) shall
14 be by a fine of not more than $100.
15 (d) Procedure.--A district justice shall have the power to
16 issue an attachment by means of a warrant and to conduct a
17 hearing prior to the imposition of punishment for contempt. Any
18 punishment imposed by a district justice for contempt shall be
19 automatically stayed for a period of ten days from the date of
20 imposition of the punishment during which time an appeal of the
21 action of the district justice may be filed with the court of
22 common pleas of the judicial district. The stay shall remain in
23 effect pending the disposition of an appeal. Upon the filing of
24 the appeal, the court of common pleas shall hear the matter de
25 novo. On appeal, the accused shall have the right to be notified
26 of the accusation and a reasonable time to make a defense. The
27 defendant shall not have a right to a jury trial on appeal.
28 (e) Bail.--A district justice may not impose bail as a
29 condition of release of any person accused of a contempt
30 specified in subsection (a)(1), (2) or (3) during the period
19930H1932B2350 - 2 -
1 that punishment is stayed pursuant to subsection (d). A district
2 justice may impose bail as a condition of release of any person
3 who has committed a contempt specified in subsection (a)(4).
4 Section 2. This act shall take effect in 60 days.
D16L42JLW/19930H1932B2350 - 3 -