PRINTER'S NO. 922
No. 828 Session of 2001
INTRODUCED BY MARSICO, M. BAKER, BEBKO-JONES, BELARDI, BELFANTI,
BISHOP, CALTAGIRONE, CAPPABIANCA, CAPPELLI, L. I. COHEN,
COLAFELLA, CRUZ, DeLUCA, FEESE, FRANKEL, FREEMAN, HARHAI,
HASAY, HERSHEY, HESS, JAMES, KELLER, LAUGHLIN, LEDERER, LEH,
LEVDANSKY, McCALL, McNAUGHTON, MELIO, R. MILLER, S. MILLER,
MYERS, NAILOR, PIPPY, READSHAW, ROHRER, ROSS, RUBLEY,
SCRIMENTI, SEMMEL, SHANER, SOLOBAY, STABACK, E. Z. TAYLOR,
J. TAYLOR, THOMAS, TIGUE, VANCE, WALKO, WANSACZ, WASHINGTON,
WATSON, WILT, WOJNAROSKI AND YOUNGBLOOD, MARCH 6, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 compensation and expenses of witnesses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5903(b) and (c) of Title 42 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding a subsection to read:
9 § 5903. Compensation and expenses of witnesses.
10 * * *
11 (b) Compensation.--Every witness, except a salaried police
12 officer attending a coroner's inquest during working hours,
13 shall be paid at the rate of [$5] $40 per day during the
14 necessary period of attendance. [A witness under the act of
15 March 30, 1937 (P.L.115, No.40), known as "The First Class City
1 Permanent Registration Act" shall be paid at the rate of $20 per
2 day.]
3 (c) Travel.--
4 (1) Every witness, except a salaried police officer
5 attending a coroner's inquest during working hours, shall be
6 paid mileage at [the rate of 7¢] a rate equal to the highest
7 rate allowed by the Internal Revenue Service for each mile
8 circular actually and necessarily travelled between the place
9 named in the subpoena and the place of residence of the
10 witness.
11 (2) Toll charges for toll roads, bridges and tunnels,
12 taxicab fares between places of lodging and carrier
13 terminals, and parking fees, upon presentation of a valid
14 parking receipt, shall be paid in full to a witness incurring
15 such expenses.
16 (3) A witness who travels by common carrier shall be
17 paid for the actual expenses of travel on the basis of
18 transportation reasonably utilized and the distance
19 necessarily travelled to and from the witness's residence by
20 the shortest practical route in going to and returning from
21 the place named in the subpoena. The witness shall utilize a
22 common carrier at the most economical rate reasonably
23 available. A receipt or other evidence of actual cost shall
24 be furnished.
25 * * *
26 (j) Witness incarcerated.--A witness who is incarcerated at
27 the time testimony is given may not receive fees or allowances
28 under this section, regardless of whether the witness is
29 incarcerated at the time the witness makes a claim for fees or
30 allowances under this section.
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1 Section 2. This act shall take effect in 60 days.
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