PRIOR PRINTER'S NO. 156 PRINTER'S NO. 1429
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
SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED, OCTOBER 1, 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, 20070S0117B1429 - 2 -
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, 20070S0117B1429 - 3 -
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 MAY BE NECESSARY for the <-- 7 operation and 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 20070S0117B1429 - 4 -
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 20070S0117B1429 - 5 -
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. L19L42SFL/20070S0117B1429 - 6 -