SENATE AMENDED
PRIOR PRINTER'S NOS. 342, 997, 4339 PRINTER'S NO. 4508
4487
No. 301 Session of 2007
INTRODUCED BY MUNDY, BELFANTI, BENNINGTON, CARROLL, CALTAGIRONE,
DeLUCA, GOODMAN, JOSEPHS, KORTZ, LEVDANSKY, MELIO, MYERS,
PALLONE, PETRARCA, K. SMITH, STABACK, YOUNGBLOOD, FRANKEL,
CURRY, SIPTROTH, JAMES, WANSACZ, COX AND FABRIZIO,
FEBRUARY 7, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 6, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, further providing for
3 AMENDING TITLES 23 (DOMESTIC RELATIONS) AND 42 (JUDICIARY AND <--
4 JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED
5 STATUTES, FURTHER DEFINING "HEARING OFFICER"; REPLACING THE
6 TITLE "BAIL COMMISSIONER" WITH "ARRAIGNMENT COURT
7 MAGISTRATE"; FURTHER PROVIDING FOR THE NUMBER OF JUDGES IN
8 THE COURTS OF COMMON PLEAS, FOR THE MINOR JUDICIARY EDUCATION
9 BOARD, FOR THE COURSE OF INSTRUCTION AND EXAMINATION FOR
10 CERTAIN MINOR JUDICIARY AND FOR subpoena; AND, IN <--
11 REGISTRATION OF SEXUAL OFFENDERS, FURTHER PROVIDING FOR
12 REGISTRATION.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 6333 SECTIONS 6333 AND 9795.1(A) AND (B) <--
16 of Title 42 of the Pennsylvania Consolidated Statutes is ARE <--
17 amended to read:
18 SECTION 1. THE DEFINITION OF "HEARING OFFICER" IN SECTION <--
19 6102 OF TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS
20 AMENDED TO READ:
1 § 6102. DEFINITIONS.
2 (A) GENERAL RULE.--THE FOLLOWING WORDS AND PHRASES WHEN USED
3 IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
4 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
5 * * *
6 "HEARING OFFICER." A MAGISTERIAL DISTRICT JUDGE, JUDGE OF
7 THE PHILADELPHIA MUNICIPAL COURT, [BAIL COMMISSIONER]
8 ARRAIGNMENT COURT MAGISTRATE APPOINTED UNDER 42 PA.C.S. § 1123
9 (RELATING TO JURISDICTION AND VENUE), MASTER APPOINTED UNDER 42
10 PA.C.S. § 1126 (RELATING TO MASTERS) AND MASTER FOR EMERGENCY
11 RELIEF.
12 * * *
13 SECTION 2. SECTIONS 911(A), 1123(A)(5) AND (5.1) AND 1125 OF
14 TITLE 42 ARE AMENDED TO READ:
15 § 911. COURTS OF COMMON PLEAS.
16 (A) GENERAL RULE.--THERE SHALL BE ONE COURT OF COMMON PLEAS
17 FOR EACH JUDICIAL DISTRICT OF THIS COMMONWEALTH CONSISTING OF
18 THE FOLLOWING NUMBER OF JUDGES:
19 NUMBER OF
20 JUDICIAL DISTRICT JUDGES
21 FIRST 93
22 SECOND 15
23 THIRD [8] 9
24 FOURTH 1
25 FIFTH 43
26 SIXTH 9
27 SEVENTH 13
28 EIGHTH 3
29 NINTH [5] 6
30 TENTH 11
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1 ELEVENTH 10
2 TWELFTH [8] 10
3 THIRTEENTH 2
4 FOURTEENTH 5
5 FIFTEENTH 14
6 SIXTEENTH 3
7 SEVENTEENTH 2
8 EIGHTEENTH 1
9 NINETEENTH [14] 15
10 TWENTIETH 1
11 TWENTY-FIRST 6
12 TWENTY-SECOND 1
13 TWENTY-THIRD 13
14 TWENTY-FOURTH 5
15 TWENTY-FIFTH 2
16 TWENTY-SIXTH 2
17 TWENTY-SEVENTH 6
18 TWENTY-EIGHTH 2
19 TWENTY-NINTH 5
20 THIRTIETH 3
21 THIRTY-FIRST 10
22 THIRTY-SECOND [19] 20
23 THIRTY-THIRD 2
24 THIRTY-FOURTH 1
25 THIRTY-FIFTH 4
26 THIRTY-SIXTH 7
27 THIRTY-SEVENTH 2
28 THIRTY-EIGHTH [21] 23
29 THIRTY-NINTH [4] 5
30 FORTIETH 3
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1 FORTY-FIRST 2
2 FORTY-SECOND 2
3 FORTY-THIRD 6
4 FORTY-FOURTH 1
5 FORTY-FIFTH [8] 9
6 FORTY-SIXTH 2
7 FORTY-SEVENTH 5
8 FORTY-EIGHTH 2
9 FORTY-NINTH 4
10 FIFTIETH 6
11 FIFTY-FIRST [3] 4
12 FIFTY-SECOND 4
13 FIFTY-THIRD 4
14 FIFTY-FOURTH 1
15 FIFTY-FIFTH 1
16 FIFTY-SIXTH [2] 3
17 FIFTY-SEVENTH 2
18 FIFTY-EIGHTH 2
19 FIFTY-NINTH 1
20 SIXTIETH 2
21 * * *
22 § 1123. JURISDICTION AND VENUE.
23 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
24 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
25 REASSIGNMENT OF MATTERS), THE PHILADELPHIA MUNICIPAL COURT SHALL
26 HAVE JURISDICTION OF THE FOLLOWING MATTERS:
27 * * *
28 (5) AS COMMISSIONERS TO PRESIDE AT ARRAIGNMENTS, FIX AND
29 ACCEPT BAIL, ISSUE WARRANTS AND PERFORM DUTIES OF A SIMILAR
30 NATURE, INCLUDING THE JURISDICTION OF A COMMITTING MAGISTRATE
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1 IN ALL CRIMINAL PROCEEDINGS. IN ADDITION TO THE EXERCISE OF
2 THE POWERS BY THE JUDGES SET FORTH IN THIS PARAGRAPH, THE
3 PHILADELPHIA MUNICIPAL COURT, THROUGH THE PRESIDENT JUDGE AND
4 A MAJORITY OF THE JUDGES OF THE COURT, SHALL HAVE THE POWER
5 TO APPOINT FOR FOUR-YEAR TERMS SIX [BAIL COMMISSIONERS]
6 ARRAIGNMENT COURT MAGISTRATES, TO ADMINISTER OATHS AND
7 AFFIRMATIONS, PRESIDE AT PRELIMINARY ARRAIGNMENTS, ASSIGN
8 COUNSEL IN CERTAIN CASES, ISSUE CRIMINAL COMPLAINTS, FIX BAIL
9 AND ISSUE ARREST WARRANTS AND SEARCH AND SEIZURE WARRANTS.
10 THE [BAIL COMMISSIONERS] ARRAIGNMENT COURT MAGISTRATES SHALL
11 BE EMPLOYEES OF THE COMMONWEALTH AND THEY SHALL RECEIVE AN
12 ANNUAL SALARY EQUAL TO THE SALARY OF AN ASSOCIATE JUDGE OF
13 THE TRAFFIC COURT OF PHILADELPHIA. THE METHOD OF SELECTION
14 AND APPOINTMENT AND REMOVAL OF [BAIL COMMISSIONERS]
15 ARRAIGNMENT COURT MAGISTRATES AND ESTABLISHING STANDARDS OF
16 CONDUCT AND THE RIGHTS, RESPONSIBILITIES AND AUTHORITY OF THE
17 [BAIL COMMISSIONERS] ARRAIGNMENT COURT MAGISTRATES AND THE
18 PROCEDURES FOR APPEALING FROM THE DECISIONS OF THE [BAIL
19 COMMISSIONERS] ARRAIGNMENT COURT MAGISTRATES SHALL BE
20 PROVIDED BY LOCAL RULES ADOPTED BY THE MUNICIPAL COURT.
21 (5.1) IN ADDITION TO THE EXERCISE OF THE POWERS BY THE
22 JUDGES SET FORTH IN THIS SECTION, THE PRESIDENT JUDGE OF THE
23 PHILADELPHIA MUNICIPAL COURT MAY APPOINT [BAIL COMMISSIONERS]
24 ARRAIGNMENT COURT MAGISTRATES, PERSONS WHO COMPLETE A
25 TRAINING PROGRAM AS SHALL BE PROVIDED BY LOCAL RULES ADOPTED
26 BY THE PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT,
27 OR ATTORNEYS WHO ARE IN GOOD STANDING AND ARE ADMITTED TO THE
28 PENNSYLVANIA BAR AS JUDGES PRO TEMPORE TO ACCEPT GUILTY PLEAS
29 AND IMPOSE SENTENCES IN ACCORDANCE WITH PLEAS FOR SUMMARY
30 OFFENSES. A JUDGE PRO TEMPORE MUST BE AN INDEPENDENT
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1 CONTRACTOR HIRED BY THE PHILADELPHIA MUNICIPAL COURT AND
2 SHALL RECEIVE SUCH COMPENSATION AND SHALL SERVE AT SUCH HOURS
3 AS AGREED TO BETWEEN THE JUDGE PRO TEMPORE AND THE PRESIDENT
4 JUDGE OF THE PHILADELPHIA MUNICIPAL COURT. THE METHODS OF
5 SELECTION, APPOINTMENT AND REMOVAL OF JUDGES PRO TEMPORE AND
6 OF ESTABLISHING STANDARDS OF CONDUCT AND THE RIGHTS,
7 RESPONSIBILITIES AND AUTHORITY OF THE JUDGES PRO TEMPORE AND
8 THE PROCEDURES FOR APPEALING DECISIONS OF THE JUDGES PRO
9 TEMPORE SHALL BE PROVIDED BY LOCAL RULES ADOPTED BY THE
10 PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT.
11 * * *
12 § 1125. SUBSTITUTE [BAIL COMMISSIONERS] ARRAIGNMENT COURT
13 MAGISTRATES.
14 THE PRESIDENT JUDGE OF THE PHILADELPHIA MUNICIPAL COURT MAY
15 APPOINT QUALIFIED ATTORNEYS WHO ARE COURT EMPLOYEES TO ACT AS
16 SUBSTITUTE [BAIL COMMISSIONERS] ARRAIGNMENT COURT MAGISTRATES
17 DURING AN EMERGENCY UPON A WRITTEN FINDING BY THE PRESIDENT
18 JUDGE THAT AN EMERGENCY EXISTS.
19 SECTION 3. SECTION 2131 OF TITLE 42, AMENDED NOVEMBER 29,
20 1990 (P.L.574, NO.147), AMENDMENT DECLARED UNCONSTITUTIONAL 598
21 A.2D 985 (PA. 1992), AND AMENDMENT REPEALED JULY 9, 1992
22 (P.L.689, NO.102), IS REENACTED AND AMENDED TO READ:
23 § 2131. MINOR JUDICIARY EDUCATION BOARD.
24 (A) GENERAL RULE.--THE MINOR JUDICIARY EDUCATION BOARD SHALL
25 CONSIST OF SUCH MEMBERS [SELECTED] AS PROVIDED IN THIS
26 SUBCHAPTER.
27 (B) SEAL.--THE MINOR JUDICIARY EDUCATION BOARD SHALL HAVE A
28 SEAL ENGRAVED WITH ITS NAME AND SUCH OTHER INSCRIPTION AS MAY BE
29 SPECIFIED BY GENERAL RULE. A FACSIMILE OR PREPRINTED SEAL MAY BE
30 USED FOR ALL PURPOSES IN LIEU OF THE ORIGINAL SEAL.
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1 SECTION 4. SECTION 2132 OF TITLE 42, AMENDED NOVEMBER 29,
2 1990 (P.L.574, NO.147), AMENDMENT DECLARED UNCONSTITUTIONAL 598
3 A.2D 985 (PA. 1992), AMENDMENT REPEALED JULY 9, 1992 (P.L.689,
4 NO.102), AND AMENDED NOVEMBER 30, 2004 (P.L.1618, NO.207), IS
5 REENACTED AND AMENDED TO READ:
6 § 2132. COMPOSITION OF BOARD.
7 (A) GENERAL RULE.--THE MINOR JUDICIARY EDUCATION BOARD SHALL
8 CONSIST OF THE FOLLOWING APPOINTED BY THE [GOVERNOR.
9 APPOINTMENTS MADE AFTER THE EFFECTIVE DATE OF THIS AMENDATORY
10 ACT SHALL REQUIRE THE CONSENT OF A MAJORITY OF THE MEMBERS
11 ELECTED TO THE SENATE] SUPREME COURT:
12 (1) THREE PERSONS WHO SHALL BE JUDGES OF [THE PITTSBURGH
13 MAGISTRATES COURT OR] THE TRAFFIC COURT OF PHILADELPHIA OR
14 MAGISTERIAL DISTRICT JUDGES.
15 (2) THREE MEMBERS OF THE BAR OF THIS COMMONWEALTH.
16 (3) ONE LAY ELECTOR.
17 (B) TERMS OF OFFICE.--THE MEMBERS OF THE BOARD SHALL SERVE
18 FOR TERMS OF [FIVE] THREE YEARS AND UNTIL A SUCCESSOR HAS BEEN
19 APPOINTED [AND QUALIFIED]. A VACANCY ON THE BOARD SHALL BE
20 FILLED FOR THE BALANCE OF THE TERM.
21 (C) COMPENSATION.--MEMBERS OF THE BOARD SHALL RECEIVE SUCH
22 FEES [OR SALARY] AS SHALL BE FIXED BY THE [GOVERNING AUTHORITY
23 IN THE MANNER PROVIDED BY SECTION 503(B) (RELATING TO
24 PROCEDURES)] SUPREME COURT.
25 SECTION 5. SECTIONS 2133 AND 2134 OF TITLE 42 ARE AMENDED TO
26 READ:
27 § 2133. ORGANIZATION.
28 [ANNUALLY THE MINOR JUDICIARY EDUCATION BOARD SHALL ELECT]
29 THE SUPREME COURT SHALL APPOINT A CHAIRMAN AND OTHER OFFICERS OF
30 THE BOARD, WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE [BOARD]
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1 SUPREME COURT. THE BOARD SHALL ACT ONLY WITH THE CONCURRENCE OF
2 A MAJORITY OF ITS MEMBERS.
3 § 2134. STAFF.
4 [THE ADMINISTRATIVE OFFICE SHALL PROVIDE SUCH STAFF
5 ASSISTANCE AS THE MINOR JUDICIARY EDUCATION BOARD MAY REQUIRE.]
6 SUBJECT TO THE APPROVAL OF THE SUPREME COURT, THE MINOR
7 JUDICIARY EDUCATION BOARD SHALL APPOINT A DIRECTOR AND SHALL
8 AUTHORIZE SUCH OTHER STAFF POSITIONS AS MAY BE NECESSARY.
9 SECTION 6. THE DEFINITIONS OF "BAIL COMMISSIONER" AND
10 "JUDGE" IN SECTION 3111 OF TITLE 42 ARE AMENDED TO READ:
11 § 3111. DEFINITIONS.
12 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
13 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
14 MEANINGS GIVEN TO THEM IN THIS SECTION:
15 "BAIL COMMISSIONER." [A BAIL COMMISSIONER] AN ARRAIGNMENT
16 COURT MAGISTRATE OF THE PHILADELPHIA MUNICIPAL COURT.
17 * * *
18 "JUDGE." A JUDGE OF THE [PITTSBURGH MAGISTRATES COURT OR
19 THE] TRAFFIC COURT OF PHILADELPHIA.
20 SECTION 7. SECTIONS 3113, 3114, 3115, 3116, 3118, 3119, 6333
21 AND 9795.1(A) AND (B) OF TITLE 42 ARE AMENDED TO READ:
22 § 3113. CONTENT OF COURSE OF INSTRUCTION AND EXAMINATION.
23 (A) GENERAL RULE.--[THE] SUBJECT TO THE APPROVAL OF THE
24 SUPREME COURT, THE BOARD SHALL PRESCRIBE AND APPROVE THE SUBJECT
25 MATTER AND THE EXAMINATION FOR THE COURSE OF TRAINING AND
26 INSTRUCTION REQUIRED BY THIS SUBCHAPTER. THE [ADMINISTRATIVE
27 OFFICE] STAFF AUTHORIZED BY SUBCHAPTER D OF CHAPTER 21 (RELATING
28 TO MINOR JUDICIARY EDUCATION BOARD) SHALL, SUBJECT TO THE
29 DIRECTION OF THE BOARD, ADMINISTER THE COURSE OF TRAINING AND
30 INSTRUCTION AND CONDUCT THE EXAMINATION. THE [ADMINISTRATIVE
20070H0301B4508 - 8 -
1 OFFICE] STAFF SHALL CONDUCT THE COURSE OF TRAINING AND
2 EXAMINATION AT SUCH TIMES, AT SUCH PLACES AND IN SUCH MANNER AS
3 THE REGULATIONS OF THE BOARD MAY PRESCRIBE. THE BOARD SHALL MAKE
4 THE COURSE OF TRAINING AND INSTRUCTION AVAILABLE AT SUCH TIMES
5 SO AS TO INSURE THAT ANY MAGISTERIAL DISTRICT JUDGE, [BAIL
6 COMMISSIONER] ARRAIGNMENT COURT MAGISTRATE OR JUDGE ELECTED OR
7 APPOINTED MAY QUALIFY TO ASSUME OFFICE AS SOON AS POSSIBLE.
8 (B) CONTENT OF COURSE.--THE COURSE OF TRAINING AND
9 INSTRUCTION SHALL NOT EXCEED FOUR WEEKS IN DURATION AND SHALL
10 CONSIST OF A MINIMUM OF 40 HOURS OF CLASS INSTRUCTION IN CIVIL
11 AND CRIMINAL LAW, INCLUDING EVIDENCE AND PROCEDURE, SUMMARY
12 PROCEEDINGS, MOTOR VEHICLES AND COURSES IN JUDICIAL ETHICS, IN
13 THE CASE OF ALL SUCH OFFICIALS EXCEPT [BAIL COMMISSIONERS]
14 ARRAIGNMENT COURT MAGISTRATES, IN WHICH CASE [IT] THE COURSE OF
15 TRAINING SHALL CONSIST OF A MINIMUM OF 30 HOURS OF CLASS
16 INSTRUCTION IN CRIMINAL LAW, SEARCH AND SEIZURE, ARREST AND BAIL
17 PRACTICES AND PROCEDURES, AND EXCEPT JUDGES OF THE TRAFFIC COURT
18 OF PHILADELPHIA, IN WHICH CASE [IT] THE COURSE OF TRAINING SHALL
19 CONSIST OF A MINIMUM OF 20 HOURS OF CLASS INSTRUCTION IN SUMMARY
20 PROCEEDINGS AND LAWS RELATING TO MOTOR VEHICLES.
21 § 3114. ADMISSION OF INTERESTED PERSONS.
22 IN ADDITION TO THOSE REQUIRED BY THIS SUBCHAPTER TO COMPLETE
23 THE COURSE OF TRAINING AND INSTRUCTION AND SUCCESSFULLY PASS AN
24 EXAMINATION PRIOR TO ASSUMING OFFICE, ANY INTERESTED PERSON MAY
25 APPLY TO THE [ADMINISTRATIVE OFFICE] BOARD TO BE ENROLLED IN THE
26 COURSE OF TRAINING AND INSTRUCTION AND TAKE THE EXAMINATION. ANY
27 SUCH INTERESTED PERSON WHO SUCCESSFULLY COMPLETES THE COURSE OF
28 TRAINING AND PASSES THE EXAMINATION, AND WHO SUBSEQUENTLY IS
29 ELECTED OR APPOINTED TO THE OFFICE OF MAGISTERIAL DISTRICT
30 JUDGE, [BAIL COMMISSIONER] ARRAIGNMENT COURT MAGISTRATE OR JUDGE
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1 MAY SECURE A CERTIFICATE FROM THE ADMINISTRATIVE OFFICE AS
2 PROVIDED IN SECTION 3115 (RELATING TO CERTIFICATION OF
3 SUCCESSFUL COMPLETION OF COURSE OF TRAINING) WITHOUT AGAIN
4 TAKING THE COURSE OF TRAINING AND INSTRUCTION AND PASSING THE
5 EXAMINATION REQUIRED BY THIS SUBCHAPTER PRIOR TO ASSUMING SUCH
6 OFFICE.
7 § 3115. CERTIFICATION OF SUCCESSFUL COMPLETION OF COURSE OF
8 TRAINING.
9 UPON THE SUCCESSFUL COMPLETION OF THE COURSE OF TRAINING AND
10 INSTRUCTION AND EXAMINATION, THE ADMINISTRATIVE OFFICE SHALL
11 ISSUE TO A PERSON ELECTED OR APPOINTED AS A MAGISTERIAL DISTRICT
12 JUDGE, [BAIL COMMISSIONER] ARRAIGNMENT COURT MAGISTRATE OR JUDGE
13 A CERTIFICATE IN THE FORM PRESCRIBED BY THE BOARD, CERTIFYING
14 THAT SUCH PERSON IS QUALIFIED TO PERFORM HIS DUTIES AS REQUIRED
15 BY THE CONSTITUTION OF PENNSYLVANIA. SUCH CERTIFICATE SHALL BE
16 FILED IN THE OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS OF
17 THE JUDICIAL DISTRICT EMBRACING THE DISTRICT TO BE SERVED BY THE
18 MAGISTERIAL DISTRICT JUDGE, [BAIL COMMISSIONER] ARRAIGNMENT
19 COURT MAGISTRATE OR JUDGE.
20 § 3116. EFFECT OF FAILURE TO OBTAIN CERTIFICATE.
21 IN THE EVENT THAT ANY MAGISTERIAL DISTRICT JUDGE OR JUDGE
22 FAILS TO FILE THE CERTIFICATE PROVIDED FOR BY SECTION 3115
23 (RELATING TO CERTIFICATION OF SUCCESSFUL COMPLETION OF COURSE OF
24 TRAINING) IN THE MANNER THEREIN PROVIDED WITHIN NINE MONTHS
25 AFTER THE MAGISTERIAL DISTRICT JUDGE'S OR JUDGE'S ELECTION OR
26 APPOINTMENT, THAT OFFICE SHALL BECOME VACANT, AND SUCH VACANCY
27 SHALL BE FILLED AS PROVIDED IN THIS CHAPTER.
28 § 3118. CONTINUING EDUCATION REQUIREMENT.
29 (A) MAGISTERIAL DISTRICT JUDGES.--EVERY MAGISTERIAL DISTRICT
30 JUDGE SHALL COMPLETE A CONTINUING EDUCATION PROGRAM EACH YEAR
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1 EQUIVALENT TO NOT LESS THAN 32 HOURS PER YEAR IN SUCH COURSES OR
2 PROGRAMS AS ARE APPROVED BY THE BOARD. IF A MAGISTERIAL DISTRICT
3 JUDGE FAILS TO MEET THESE CONTINUING EDUCATION REQUIREMENTS,
4 SUCH JUDGE SHALL BE SUBJECT TO SUSPENSION BY THE SUPREME COURT
5 UNTIL SUCH TIME AS EVIDENCE OF COMPLIANCE WITH SUCH REQUIREMENTS
6 IS SUBMITTED BY THE BOARD, BUT IN NO EVENT LONGER THAN SIX
7 MONTHS AT WHICH TIME THE FAILURE TO MEET THE CONTINUING
8 EDUCATION REQUIREMENTS SHALL BE GROUNDS FOR THE SUPREME COURT,
9 AFTER A HEARING, TO DECLARE A VACANCY IN THAT DISTRICT.
10 (B) [BAIL COMMISSIONERS.--EVERY BAIL COMMISSIONER]
11 ARRAIGNMENT COURT MAGISTRATES.--EVERY ARRAIGNMENT COURT
12 MAGISTRATE SHALL COMPLETE A CONTINUING EDUCATION PROGRAM EACH
13 YEAR EQUIVALENT TO NOT LESS THAN 20 HOURS PER YEAR IN SUCH
14 COURSES OR PROGRAMS AS ARE APPROVED BY THE BOARD.
15 § 3119. RULES AND REGULATIONS.
16 THE [ADMINISTRATIVE OFFICE] BOARD SHALL HAVE THE POWER TO
17 PROMULGATE, WITH THE APPROVAL OF THE [BOARD] SUPREME COURT, SUCH
18 RULES AND REGULATIONS AS ARE NECESSARY TO CARRY OUT ITS DUTIES
19 UNDER THIS SUBCHAPTER.
20 § 6333. Subpoena.
21 (a) General rule.--Upon application of a child, parent,
22 guardian, custodian, probation officer, district attorney, or
23 other party to the proceedings, the court, master, or the clerk
24 of the court shall issue, or the court or master may on its own
25 motion issue, subpoenas requiring attendance and testimony of
26 witnesses and production of papers at any hearing under this
27 chapter.
28 (b) Copy to parents, guardians and custodians.--
29 (1) A copy of the subpoena requiring attendance and
30 testimony of a witness who is under 18 years of age shall be
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1 issued to the parent, guardian or other custodian of the
2 witness in addition to the issuance of the subpoena for the
3 witness.
4 (2) The court may waive issuance of the copy under
5 paragraph (1) for cause shown in a specific case.
6 § 9795.1. REGISTRATION. <--
7 (A) TEN-YEAR REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
8 BE REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR A
9 PERIOD OF TEN YEARS:
10 (1) INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
11 OFFENSES:
12 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE
13 VICTIM IS A MINOR.
14 18 PA.C.S. § 2910 (RELATING TO LURING A CHILD INTO A
15 MOTOR VEHICLE OR STRUCTURE).
16 18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL SEXUAL
17 ASSAULT).
18 18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT)
19 WHERE THE OFFENSE IS GRADED AS A MISDEMEANOR OF THE FIRST
20 DEGREE OR HIGHER.
21 18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE
22 VICTIM IS 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF
23 AGE.
24 18 PA.C.S. § 5902(B) (RELATING TO PROSTITUTION AND
25 RELATED OFFENSES) WHERE THE ACTOR PROMOTES THE
26 PROSTITUTION OF A MINOR.
27 18 PA.C.S. § 5903(A)(3), (4), (5) OR (6) (RELATING TO
28 OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES)
29 WHERE THE VICTIM IS A MINOR.
30 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
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1 CHILDREN).
2 18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT WITH
3 MINOR).
4 18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF
5 CHILDREN).
6 (2) INDIVIDUALS CONVICTED OF AN ATTEMPT, CONSPIRACY OR
7 SOLICITATION TO COMMIT ANY OF THE OFFENSES UNDER PARAGRAPH
8 (1) OR SUBSECTION (B)(2).
9 (3) INDIVIDUALS CURRENTLY RESIDING IN THIS COMMONWEALTH
10 WHO HAVE BEEN CONVICTED OF OFFENSES SIMILAR TO THE CRIMES
11 CITED IN PARAGRAPHS (1) AND (2) UNDER THE LAWS OF THE UNITED
12 STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER
13 STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO
14 RICO OR A FOREIGN NATION, OR UNDER A FORMER LAW OF THIS
15 COMMONWEALTH.
16 (B) LIFETIME REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
17 BE SUBJECT TO LIFETIME REGISTRATION:
18 (1) AN INDIVIDUAL WITH TWO OR MORE CONVICTIONS OF ANY OF
19 THE OFFENSES SET FORTH IN SUBSECTION (A).
20 (2) INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
21 OFFENSES:
22 18 PA.C.S. § 3121 (RELATING TO RAPE).
23 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE
24 SEXUAL INTERCOURSE).
25 18 PA.C.S. § 3124.1 (RELATING TO SEXUAL ASSAULT).
26 18 PA.C.S. § 3125 (RELATING TO AGGRAVATED INDECENT
27 ASSAULT).
28 18 PA.C.S. § 4302 (RELATING TO INCEST) WHEN THE
29 VICTIM IS UNDER 12 YEARS OF AGE.
30 (3) SEXUALLY VIOLENT PREDATORS.
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1 (4) INDIVIDUALS CURRENTLY RESIDING IN THIS COMMONWEALTH
2 WHO HAVE BEEN CONVICTED OF OFFENSES SIMILAR TO THE CRIMES
3 CITED IN PARAGRAPH (2) UNDER THE LAWS OF THE UNITED STATES OR
4 ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE
5 DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A
6 FOREIGN NATION, OR UNDER A FORMER LAW OF THIS COMMONWEALTH.
7 * * *
8 Section 2. This act shall take effect in 60 days. <--
9 SECTION 8. (A) THE PROVISIONS OF 42 PA.C.S. § 3135 SHALL <--
10 NOT BE APPLICABLE TO THE SELECTION OF JUDGES FOR THE JUDGESHIPS
11 CREATED IN THE AMENDMENT OF 42 PA.C.S. § 911(A).
12 (B) (1) EXCEPT AS OTHERWISE PROVIDED UNDER PARAGRAPH (2),
13 THE NEW JUDGESHIPS ADDED BY THE AMENDMENT OF 42 PA.C.S. §
14 911(A) SHALL BE ESTABLISHED ON JANUARY 4, 2010, AND SHALL BE
15 INITIALLY FILLED BY ELECTION AT THE 2009 MUNICIPAL ELECTION.
16 (2) THE NEW JUDGESHIP FOR THE NINTH JUDICIAL DISTRICT OF
17 THIS COMMONWEALTH ADDED BY THE AMENDMENT OF 42 PA.C.S. §
18 911(A) SHALL BE ESTABLISHED ON JANUARY 2, 2012, AND SHALL BE
19 INITIALLY FILLED BY ELECTION AT THE 2011 MUNICIPAL ELECTION.
20 SECTION 9. REFERENCES IN OTHER LAW TO A BAIL COMMISSIONER
21 SHALL BE DEEMED TO BE A REFERENCE TO AN ARRAIGNMENT COURT
22 MAGISTRATE.
23 SECTION 10. NOTHING IN THIS ACT SHALL BE CONSTRUED OR DEEMED
24 TO PROVIDE ARRAIGNMENT COURT MAGISTRATES WITH RETIREMENT
25 BENEFITS OR RIGHTS DIFFERENT FROM THOSE AVAILABLE TO BAIL
26 COMMISSIONERS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS
27 ACT.
28 SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
29 (1) THE FOLLOWING PROVISIONS OF THIS ACT SHALL TAKE
30 EFFECT IMMEDIATELY:
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1 (I) THE AMENDMENT OF 42 PA.C.S. § 911(A).
2 (II) THIS SECTION.
3 (III) SECTION 8 OF THIS ACT.
4 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
5 DAYS.
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