PRIOR PRINTER'S NOS. 156, 1429, 1457 PRINTER'S NO. 1466
No. 117 Session of 2007
INTRODUCED BY COSTA, BOSCOLA, FONTANA, TARTAGLIONE, KITCHEN, STOUT, EARLL, RAFFERTY, ERICKSON, O'PAKE, C. WILLIAMS, BROWNE, FERLO, LOGAN AND WASHINGTON, MARCH 5, 2007
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 16, 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; and repealing provisions relating to 6 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, 20070S0117B1466 - 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 commission shall have the power, and its duty shall be, 20070S0117B1466 - 3 -
1 to make annual grants to political subdivisions for the 2 development and improvement of probation services for juveniles. 3 § 6375. Funding. 4 The General Assembly shall annually appropriate such sums as 5 may IT DEEMS TO be necessary for the operation and expenses of <-- 6 the commission. 7 Section 2. Repeals are as follows: 8 (1) The General Assembly declares that the repeals under 9 paragraphs (2) and (3) are necessary to effectuate the 10 addition of 42 Pa.C.S. Ch. 63 Subch. F. 11 (2) The act of December 21, 1959 (P.L.1962, No.717) 12 entitled "An act providing for the creation and operation of 13 the Juvenile Court Judges' Commission in the Department of 14 Justice; prescribing its powers and duties; and making an 15 appropriation." 16 (3) Sections 905.1 and 905.2 of the act of April 9, 1929 17 (P.L.177, No.175), known as The Administrative Code of 1929. 18 Section 3. This act shall be a continuation of the act of 19 December 21, 1959 (P.L.1962, No.717), entitled "An act providing 20 for the creation and operation of the Juvenile Court Judges' 21 Commission in the Department of Justice; prescribing its powers 22 and duties; and making an appropriation." The following apply: 23 (1) Except as otherwise provided in 42 Pa.C.S. Ch. 63 24 Subch. F, all activities initiated under the act of December 25 21, 1959 (P.L.1962, No.717), entitled "An act providing for 26 the creation and operation of the Juvenile Court Judges' 27 Commission in the Department of Justice; prescribing its 28 powers and duties; and making an appropriation," shall 29 continue and remain in full force and effect and may be 30 completed under 42 Pa.C.S. Ch. 63 Subch. F. Orders, 20070S0117B1466 - 4 -
1 regulations, rules and decisions, which were made under the 2 act of December 21, 1959 (P.L.1962, No.717), and which are in 3 effect on the effective date of section 2 shall remain in 4 full force and effect until revoked, vacated or modified 5 under 42 Pa.C.S. Ch. 63 Subch. F. Contracts AND obligations <-- 6 and collective bargaining agreements entered into under the <-- 7 act of December 21, 1959 (P.L.1962, No.717) are not affected 8 nor impaired by the repeal of the act of December 21, 1959 9 (P.L.1962, No.717). 10 (2) Any difference in language between 42 Pa.C.S. Ch. 63 11 Subch. F and the act of December 21, 1959 (P.L.1962, No.717) 12 is intended only to conform to the style of the Pennsylvania 13 Consolidated Statutes and is not intended to change or affect 14 the legislative intent, judicial construction or 15 administration and implementation of the act of December 21, 16 1959 (P.L.1962, No.717). 17 Section 4. This act shall be a continuation of sections 18 905.1 and 905.2 of the act of April 9, 1929 (P.L.177, No.175), 19 known as The Administrative Code of 1929. The following apply: 20 (1) Except as otherwise provided in 42 Pa.C.S. Ch. 63 21 Subch. F, all activities initiated under sections 905.1 and 22 905.2 of The Administrative Code of 1929 shall continue and 23 remain in full force and effect and may be completed under 42 24 Pa.C.S. Ch. 63 Subch F. Orders, regulations, rules and 25 decisions, which were made under sections 905.1 and 905.2 of 26 The Administrative Code of 1929 and which are in effect on 27 the effective date of section 2 of this act shall remain in 28 full force and effective until revoked, vacated or modified 29 under 42 Pa.C.S. Ch. 63 Subch. F. Contracts AND obligations <-- 30 and collective bargaining agreements entered into under <-- 20070S0117B1466 - 5 -
1 sections 905.1 and 905.2 of The Administrative Code of 1929 2 are not affected nor impaired by the repeal of sections 905.1 3 and 905.2 of The Administrative Code of 1929. 4 (2) Any difference in language between 42 Pa.C.S. Ch. 63 5 Subch. F and sections 905.1 and 905.2 of The Administrative 6 Code of 1929 is intended only to conform to the style of the 7 Pennsylvania Consolidated Statutes and is not intended to 8 change or affect the legislative intent, judicial 9 construction or administration and implementation of sections 10 905.1 and 905.2 of The Administrative Code of 1929. 11 Section 5. This act shall take effect immediately. L19L42SFL/20070S0117B1466 - 6 -