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                                                       PRINTER'S NO. 156

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 117 Session of 2007


        INTRODUCED BY COSTA, BOSCOLA, FONTANA, TARTAGLIONE, KITCHEN,
           STOUT, EARLL, RAFFERTY, ERICKSON, O'PAKE, C. WILLIAMS,
           BROWNE, FERLO AND LOGAN, MARCH 5, 2007

        REFERRED TO JUDICIARY, MARCH 5, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for the
     3     establishment and operation of the Juvenile Court Judges'
     4     Commission in the Department of Justice; prescribing its
     5     powers and duties; making an appropriation; and repealing
     6     provisions relating to Juvenile Court Judges' Commission.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Title 42 of the Pennsylvania Consolidated
    10  Statutes is amended by adding a subchapter to read:
    11                            SUBCHAPTER F
    12                 JUVENILE COURT JUDGES' COMMISSION
    13  Sec.
    14  6371.  Definitions.
    15  6372.  Juvenile Court Judges' Commission.
    16  6373.  Powers and duties.
    17  6374.  Power to make grants.
    18  6375.  Funding.
    19  § 6371.  Definitions.


     1     The following words and phrases when used in this subchapter
     2  shall have the meanings given to them in this section unless the
     3  context clearly indicates otherwise:
     4     "Commission."  The Juvenile Court Judges' Commission created
     5  pursuant to section 6372(a) (relating to Juvenile Court Judges'
     6  Commission).
     7     "Commissioner."  A member appointed to the Juvenile Court
     8  Judges' Commission pursuant to section 6372(b) (relating to
     9  Juvenile Court Judges' Commission).
    10  § 6372.  Juvenile Court Judges' Commission.
    11     (a)  Establishment.--There is hereby established in the
    12  Office of General Counsel the Juvenile Court Judges' Commission.
    13     (b)  Composition.--The commission shall consist of nine
    14  judges who shall be appointed by the Governor from a list of
    15  judges, serving in the juvenile courts, selected and submitted
    16  by the Chief Justice of Pennsylvania.
    17     (c)  Tenure.--Of the first nine appointees to the commission,
    18  three shall serve for three years, three for two years and three
    19  for one year. After the initial term, the term for all members
    20  shall be three years.
    21     (d)  Officers.--The commission shall annually select one of
    22  its members as chairman and one member as secretary.
    23     (e)  Staff.--The chairman, with the approval of the majority
    24  of the commission, may appoint and fix the compensation of
    25  assistants, clerks and stenographers as he deems necessary to
    26  enable the commission to perform its powers and duties. During
    27  his term of employment, no assistant shall engage, directly or
    28  indirectly, in the practice of law in any juvenile court in this
    29  Commonwealth.
    30     (f)  Staff compensation.--The compensation of the assistants,
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     1  clerks and stenographers shall be fixed within limitations fixed
     2  by the Executive Board and shall be eligible to apply for
     3  membership in the State Employees' Retirement System.
     4     (g)  Meetings.--Each year there shall be quarterly meetings
     5  of the commission, and such additional meetings as the chairman
     6  shall deem necessary. Each commissioner attending the meetings
     7  shall be paid only his necessary expenses incurred in attending
     8  the meetings. Five members of the commission shall constitute a
     9  quorum at meetings.
    10  § 6373.  Powers and duties.
    11     The commission shall have the power and is required to do the
    12  following:
    13         (1)  Advise the juvenile court judges of this
    14     Commonwealth in all matters pertaining to the proper care and
    15     maintenance of delinquent and dependent children.
    16         (2)  Examine the administrative methods and judicial
    17     procedure used in juvenile courts throughout this
    18     Commonwealth, establish standards and make recommendations on
    19     the same to the courts presiding over juvenile proceedings
    20     within this Commonwealth.
    21         (3)  Examine the personnel practices and employment
    22     standards used in probation offices in this Commonwealth,
    23     establish standards and make recommendations on the same to
    24     courts presiding over juvenile proceedings within this
    25     Commonwealth.
    26         (4)  Collect, compile and publish such statistical and
    27     other data as may be needed to accomplish reasonable and
    28     efficient administration of the juvenile courts system.
    29  § 6374.  Power to make grants.
    30     The Office of General Counsel, by and through the commission,
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     1  shall have the power, and its duty shall be, to make annual
     2  grants to political subdivisions for the development and
     3  improvement of probation services for juveniles.
     4  § 6375.  Funding.
     5     The General Assembly shall annually appropriate such sums as
     6  are necessary on a continuing basis for the operation and
     7  expenses of the commission.
     8     Section 2.  Repeals are as follows:
     9         (1)  The General Assembly declares that the repeals under
    10     paragraphs (2) and (3) are necessary to effectuate the
    11     addition of 42 Pa.C.S. Ch. 63 Subch. F.
    12         (2)  The act of December 21, 1959 (P.L.1962, No.717)
    13     entitled "An act providing for the creation and operation of
    14     the Juvenile Court Judges' Commission in the Department of
    15     Justice; prescribing its powers and duties; and making an
    16     appropriation."
    17         (3)  Sections 905.1 and 905.2 of the act of April 9, 1929
    18     (P.L.177, No.175), known as The Administrative Code of 1929.
    19     Section 3.  This act shall be a continuation of the act of
    20  December 21, 1959 (P.L.1962, No.717), entitled "An act providing
    21  for the creation and operation of the Juvenile Court Judges'
    22  Commission in the Department of Justice; prescribing its powers
    23  and duties; and making an appropriation." The following apply:
    24         (1)  Except as otherwise provided in 42 Pa.C.S. Ch. 63
    25     Subch. F, all activities initiated under the act of December
    26     21, 1959 (P.L.1962, No.717), entitled "An act providing for
    27     the creation and operation of the Juvenile Court Judges'
    28     Commission in the Department of Justice; prescribing its
    29     powers and duties; and making an appropriation," shall
    30     continue and remain in full force and effect and may be
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     1     completed under 42 Pa.C.S. Ch. 63 Subch. F. Orders,
     2     regulations, rules and decisions, which were made under the
     3     act of December 21, 1959 (P.L.1962, No.717), and which are in
     4     effect on the effective date of section 2 shall remain in
     5     full force and effect until revoked, vacated or modified
     6     under 42 Pa.C.S. Ch. 63 Subch. F. Contracts, obligations and
     7     collective bargaining agreements entered into under the act
     8     of December 21, 1959 (P.L.1962, No.717) are not affected nor
     9     impaired by the repeal of the act of December 21, 1959
    10     (P.L.1962, No.717).
    11         (2)  Any difference in language between 42 Pa.C.S. Ch. 63
    12     Subch. F and the act of December 21, 1959 (P.L.1962, No.717)
    13     is intended only to conform to the style of the Pennsylvania
    14     Consolidated Statutes and is not intended to change or affect
    15     the legislative intent, judicial construction or
    16     administration and implementation of the act of December 21,
    17     1959 (P.L.1962, No.717).
    18     Section 4.  This act shall be a continuation of sections
    19  905.1 and 905.2 of the act of April 9, 1929 (P.L.177, No.175),
    20  known as The Administrative Code of 1929. The following apply:
    21         (1)  Except as otherwise provided in 42 Pa.C.S. Ch. 63
    22     Subch. F, all activities initiated under sections 905.1 and
    23     905.2 of The Administrative Code of 1929 shall continue and
    24     remain in full force and effect and may be completed under 42
    25     Pa.C.S. Ch. 63 Subch F. Orders, regulations, rules and
    26     decisions, which were made under sections 905.1 and 905.2 of
    27     The Administrative Code of 1929 and which are in effect on
    28     the effective date of section 2 of this act shall remain in
    29     full force and effective until revoked, vacated or modified
    30     under 42 Pa.C.S. Ch. 63 Subch. F. Contracts, obligations and
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     1     collective bargaining agreements entered into under sections
     2     905.1 and 905.2 of The Administrative Code of 1929 are not
     3     affected nor impaired by the repeal of sections 905.1 and
     4     905.2 of The Administrative Code of 1929.
     5         (2)  Any difference in language between 42 Pa.C.S. Ch. 63
     6     Subch. F and sections 905.1 and 905.2 of The Administrative
     7     Code of 1929 is intended only to conform to the style of the
     8     Pennsylvania Consolidated Statutes and is not intended to
     9     change or affect the legislative intent, judicial
    10     construction or administration and implementation of sections
    11     905.1 and 905.2 of The Administrative Code of 1929.
    12     Section 5.  This act shall take effect immediately.












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