THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, BRENNAN, DALLY, W. KELLER, BEYER, BRADFORD, CASORIO, CLYMER, CREIGHTON, DALEY, DAY, EACHUS, J. EVANS, GRELL, GROVE, KULA, MANN, MILNE, MOUL, MURT, PASHINSKI, PICKETT, READSHAW, SANTONI, SIPTROTH, SOLOBAY, STABACK, SWANGER, VULAKOVICH, WATSON, YOUNGBLOOD, WALKO, GINGRICH, D. COSTA AND DENLINGER, JUNE 3, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 16, 2009   

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure), 44 (Law

and Justice) and 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, consolidating the law relating to

constables; in Title 44, revising provisions on second and

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third class cities, on boroughs, on townships, on the

Constables' Training and Education Board, on use of firearms,

on the Constables' Training and Education Account and on

statutory authority; making editorial changes; and making

related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Subchapter C of Chapter 29 of Title 42 of the

Pennsylvania Consolidated Statutes is repealed:

[SUBCHAPTER C

CONSTABLES

2941.  Definitions.

2942.  Conduct and insurance.

2943.  Board established.

2944.  Program established.

2945.  Program contents.

2946.  Continuing education.

2947.  Automatic certification.

2948.  Use of firearms.

2949.  Restricted account.

2950.  Fees.

§ 2941.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account."  The Constables' Education and Training Account

established in section 2949 (relating to restricted account).

"Board."  The Constables' Education and Training Board

established in section 2943 (relating to board established).

"Commission."  The Pennsylvania Commission on Crime and

Delinquency of the Commonwealth.

"Court."  The minor judiciary or any other court in this

Commonwealth.

"Judicial duties."  Those services specified in section 2950

(relating to fees).

"Term of office of a deputy constable."  The term of office

of the constable who appointed him.

§ 2942.  Conduct and insurance.

(a)  Certification.--After the establishment, implementation

and administration of the Constables' Education and Training

Program created under sections 2944 (relating to program

established) and 2945 (relating to program contents), no

constable or deputy constable shall perform any judicial duties

nor demand or receive any fee, surcharge or mileage provided by

this subchapter unless he has been certified under this

subchapter.

(b)  Liability insurance.--Every constable and deputy

constable must file with the clerk of courts proof that he has,

currently in force, a policy of professional liability insurance

covering each individual in the performance of his judicial

duties with a minimum coverage of $250,000 per incident and a

minimum aggregate of $500,000 per year. However, no constable or

deputy constable shall be required to file such proof until six

months after the effective date of this act. The Constables'

Education and Training Board shall immediately investigate and

implement the most cost-effective method of achieving liability

insurance for constables and deputy constables under this

subsection.

(c)  Loss of certification.--Any constable or deputy

constable who fails, neglects or refuses to maintain a current

insurance policy as required by subsection (b) or to file proof

thereof with the clerk of courts shall cease automatically to be

certified to perform judicial duties upon the expiration of the

policy of which proof has been filed with the clerk of courts.

(d)  Recertification.--Any constable or deputy constable who

ceases to be certified to perform judicial duties as a result of

the operation of subsection (c) may later be recertified

immediately by filing with the clerk of courts proof that such

insurance has been in force continuously since the officer was

last certified to perform judicial duties. In the case of a

violation of subsection (c), the individual may be recertified

by complying with subsection (b).

(e)  Limitations on liability.--The provisions of this

subchapter shall not be deemed to impose respondeat superior

liability on any county.

(f)  Conduct.--While a constable or deputy constable is

performing duties other than judicial duties, regardless of

whether or not he is certified under this subchapter, he shall

not in any manner hold himself out to be active as an agent,

employee or representative of any court, magisterial district

judge or judge.

§ 2943.  Board established.

(a)  Board created.--There is hereby established within the

commission an advisory board to be known as the Constables'

Education and Training Board.

(b)  Composition.--The board shall be composed of the

Pennsylvania State Police Commissioner or his designee and six

other members appointed by the Governor with the consent of a

majority of the members of the Senate:

(1)  Three persons who shall be constables.

(2)  One person who shall be a magisterial district

judge.

(3)  One person who shall be a court administrator.

(4)  One person who shall be a county commissioner.

(c)  Appointments and terms.--Members shall serve for three-

year terms and may be appointed for more than one additional

consecutive term. If a member who serves by virtue of public

office ceases to represent the class to which he was appointed,

his membership in the commission shall terminate immediately,

and a new member shall be appointed in the same manner as his

predecessor to fill the unexpired portion of the term. No

constable may be appointed, be reappointed or serve as a board

member unless he is certified under this subchapter.

(d)  Vacancy.--A member appointed to fill a vacancy created

by any reason other than expiration of a term shall be appointed

for the unexpired term of the member whom he is to succeed in

the same manner as the original appointment.

(e)  Expenses.--The members of the board shall serve without

compensation but shall be reimbursed the necessary and actual

expenses incurred in attending meetings of the board and in the

performance of their duties under this subchapter.

(f)  Removal.--Members of the board may be removed by the

appointing authority for good cause upon written notice from the

appointing authority specifically setting forth the cause for

removal.

(g)  Chairman elected.--The members of the board shall elect

a chairman from among the members to serve for a period of one

year. A chairman may be elected to serve successive terms. The

Governor shall designate the first chairman for organizational

purposes only.

(h)  Meetings.--The chairman shall summon the members of the

board to the first meeting within 30 days after his appointment

or within 30 days after the appointment of a sufficient number

of members to constitute a quorum, whichever is later. The board

shall meet as often as it deems necessary but at least four

times each year. Meetings may be called by the chairman of the

board or by any four members thereof, in either case upon at

least ten days' written notice to all members of the board. A

quorum shall consist of four members.

§ 2944.  Program established.

The board, with the review and approval of the commission,

shall:

(1)  Establish, implement and administer the Constables'

Education and Training Program according to the minimum

requirements set forth in this subchapter.

(2)  Establish, implement and administer requirements for

the minimum courses of study and training for constables and

deputy constables.

(3)  Establish, implement and administer requirements for

courses of study and in-service training for constables and

deputy constables.

(4)  Establish, implement and administer requirements for

a continuing education program for constables and deputy

constables concerning subjects the board may deem necessary

and appropriate for the continued education and training of

constables and deputy constables.

(5)  Approve or revoke the approval of any school which

may be utilized for the educational and training requirements

of this subchapter.

(6)  Establish the minimum qualifications for instructors

and certify instructors.

(7)  Consult, cooperate and contract with universities,

colleges, law schools, community colleges and institutes for

the development of basic and continuing education courses for

constables and deputy constables.

(8)  Promote the most efficient and economical program

for constable and deputy constable training by utilizing

existing facilities, programs and qualified State and local

personnel.

(9)  Certify constables and deputy constables who have

satisfactorily completed the basic and continuing education

and training requirements of this subchapter and issue

appropriate certificates to them.

(10)  Make rules and regulations and perform other duties

as may be reasonably necessary or appropriate to administer

the education and training program for constables and deputy

constables.

(11)  In consultation with the Insurance Commissioner,

monitor the price and availability of the liability insurance

required by section 2942(b) (relating to conduct and

insurance) and, if deemed necessary by the board, provide

information and coordination to assure the availability and

competitive pricing of such insurance.

(12)  Make an annual report to the Governor and to the

General Assembly concerning:

(i)  The administration of the Constables' Education

and Training Program.

(ii)  The activities of the board.

(iii)  The costs of the program.

(iv)  Proposed changes, if any, in this subchapter.

§ 2945.  Program contents.

The Constables' Education and Training Program shall include

training for a total of 80 hours, the content of which shall be

determined by regulation. The training shall include instruction

in the interpretation and application of the fees provided for

in section 2950 (relating to fees). Any constable or deputy

constable who is in office as of the effective date of this

subchapter shall be afforded one and only one opportunity prior

to the expiration of his current term to satisfactorily complete

this program by examination without the necessity of class

attendance.

§ 2946.  Continuing education.

The board, with the review and approval of the commission,

shall establish a mandatory continuing education program for

constables and deputy constables, which shall include no more

than 40 hours per year, concerning subjects the board may deem

necessary and appropriate for the continued education and

training of constables and deputy constables.

§ 2947.  Automatic certification.

All constables and deputy constables who are in office as of

the effective date of this subchapter shall be deemed to be

certified under and in compliance with sections 2945 (relating

to program contents) and 2946 (relating to continuing education)

for the balance of their current term of office or until the

constables and deputy constables have been provided an

opportunity to complete the education and training in accordance

with section 2945 or 2946, whichever is sooner.

§ 2948.  Use of firearms.

(a)  Standards.--The Constables' Education and Training

Board, with the review and approval of the Pennsylvania

Commission on Crime and Delinquency, shall establish standards

for the certification or qualification of constables and deputy

constables to carry or use firearms in the performance of any

duties.

(b)  Certification and qualification.--Until such time as the

board establishes the standards pursuant to subsection (a), no

constable or deputy constable shall carry or use a firearm in

the performance of any duties unless he is currently certified

or qualified in firearms under at least one of the following:

(1)  The act of June 18, 1974 (P.L.359, No.120), referred

to as the Municipal Police Education and Training Law.

(2)  The act of October 10, 1974 (P.L.705, No.235), known

as the Lethal Weapons Training Act.

(3)  The act of February 9, 1984 (P.L.3, No.2), known as

the Deputy Sheriffs' Education and Training Act.

(c)  Availability.--In accordance with subsection (b), the

firearms portion of the education and training under the listed

laws shall be made available to constables and deputy

constables.

§ 2949.  Restricted account.

(a)  Account established.--There is hereby established a

special restricted account within the General Fund, which shall

be known as the Constables' Education and Training Account, for

the purposes of financing training program expenses, the costs

of administering the program and all other costs associated with

the activities of the board and the implementation of this

subchapter and as provided under subsection (f).

(b)  Surcharge.--There is hereby assessed as a cost in each

case before a magisterial district judge a surcharge of $5 per

docket number in each criminal case and $5 per named defendant

in each civil case in which a constable or deputy constable

performs a service provided in this subchapter, except that no

county shall be required to pay this surcharge on behalf of any

indigent or other defendant in a criminal case.

(c)  Disposition of funds.--The surcharges collected under

subsection (b), if collected by a constable or deputy constable

shall be turned over within one week to the issuing authority.

The issuing authority shall remit the same to the Department of

Revenue for deposit into the account.

(d)  Disbursements.--Disbursements from the account shall be

made by the commission.

(e)  Audit.--The Auditor General shall conduct an audit of

the account as he may deem necessary or advisable from time to

time, but not less than once every three years.

(f)  Fund surplus.--If account moneys are sufficient to meet

the expenses and costs under subsection (a), the commission may

allocate any surplus funds in the account to assist constables

and deputy constables with costs associated with attendance at

continuing education programs under section 2946 (relating to

continuing education).

§ 2950.  Fees.

(a)  Travel or mileage.--Actual mileage for travel by motor

vehicle shall be reimbursed at a rate equal to the highest rate

allowed by the Internal Revenue Service. If travel is by other

than motor vehicle, reimbursement shall be for actual vouchered

travel expenses.

(b)  Apportionment.--If more than one defendant is

transported simultaneously, reimbursements shall be for actual

miles traveled, and the travel cost shall be divided between or

among the defendants.

(c)  Additional persons.--A constable or deputy constable

when he is transporting a prisoner, serving a felony or

misdemeanor warrant or serving a warrant on a juvenile or a

defendant of the opposite sex may, at his discretion, be

accompanied by a second constable or deputy constable who is

certified under section 2947 (relating to automatic

certification) to perform judicial duties. In such cases, each

officer shall receive the fee set out in this section. In all

other civil, landlord-tenant and summary criminal cases, the

issuing authority may authorize payment to a second officer.

(d)  Civil and landlord-tenant cases.--In civil and landlord-

tenant cases, constable fees must be paid in advance to the

court for services desired to be performed. These fees shall not

be refundable to the plaintiff if a case is settled or a debt is

satisfied less than 48 hours prior to a scheduled sale or

ejectment, in which latter case the constable or deputy

constable shall be paid for holding the sale or carrying out an

ejectment, respectively.

(e)  Payment.--All civil, landlord-tenant and criminal fees

shall be paid by the court to the constable as soon as possible

and in no case not more than 15 days in civil and landlord-

tenant cases and 30 days in criminal cases after the service is

performed and a proper request for payment is submitted,

provided that, in criminal cases where the books and accounts of

the relevant county offices are payable on a monthly basis,

payment shall be made not more than 15 days after the close of

the month.

(f)  Civil and landlord-tenant cases.--Fees in civil and

landlord-tenant cases shall be as follows:

(1)  For serving complaint, summons or notice on suitor

or tenant, either personally or by leaving a copy, $13, plus

$5 for each additional defendant at the same address, $2.50

for each return of service, plus mileage.

(2)  For levying goods, including schedule of property

levied upon and set aside, notice of levy and return of

service, $75, plus mileage.

(3)  For advertising personal property for public sale,

$7 per posting (maximum of $21), plus mileage, plus actual

cost of advertising.

(4)  For selling goods levied, clerk, receipts and

returns to court, $85, plus mileage.

(5)  For making return of not found, $13, plus mileage.

Payment shall be limited to three returns of not found.

(6)  For executing order of possession, $13, plus $5 for

each additional defendant at the same address, $2.50 for each

return of service, plus mileage.

(7)  For ejectment, $90, $2.50 for each return of

service, plus mileage.

(8)  For making any return of service other than not

found, $2.50 each.

(9)  For providing courtroom security as ordered, $13 per

hour, assessed against one or more parties as determined by

the court.

(10)  Actual mileage for travel by motor vehicle shall be

reimbursed at the rate equal to the highest rate allowed by

the Internal Revenue Service. If travel is by other than

motor vehicle, reimbursement shall be for actual vouchered

travel expenses.

(g)  Criminal cases.--Fees in criminal cases shall be as

follows:

(1)  For executing each warrant of arrest, or for

effectuating the payment of fines and costs by attempting to

execute each warrant of arrest, $25 for each docket number

and $2.50 for each return of service, plus mileage.

(2)  For taking custody of a defendant, $5 per defendant.

(3)  For conveyance of defendant to or from court, $5 per

defendant.

(4)  For attendance at arraignment or hearing, $13.

(5)  For executing discharge, $5 per defendant.

(6)  For executing commitment, $5 per defendant.

(7)  For executing release, $5 per defendant.

(8)  For making returns to the court, $2.50.

(9)  Transporting each nonincarcerated defendant to jail,

$17, plus mileage; transporting an incarcerated prisoner, $38

per prisoner, plus an hourly rate of $13 per hour, plus

mileage. Computation of hourly rate will apply after the

expiration of the first hour per prisoner per hour, not to

exceed $26 per hour per constable.

(10)  Receipt of the fees for transporting a

nonincarcerated defendant under paragraph (9) shall not

exclude receipt of the fees under paragraphs (6) and (8) for

that transport.

(11)  Receipt of the fees for transporting an

incarcerated prisoner under paragraph (9) shall exclude

receipt of the fees under paragraphs (2), (3), (4) and (7)

for that transport.

(12)  Actual mileage for travel by motor vehicle shall be

reimbursed at the rate equal to the highest rate allowed by

the Internal Revenue Service. If travel is by other than

motor vehicle, reimbursement shall be for actual vouchered

travel expenses.

(13)  For conveying defendants for fingerprinting, $17

per defendant, plus $13 per hour beyond the first hour per

defendant per hour, not to exceed $26 per hour per constable,

plus mileage.

(14)  For holding one or more defendants at the office of

a magisterial district judge, $13 per hour per defendant

beyond the first half hour.

(15)  For courtroom security as ordered, $13 per hour,

assessed against one or more parties as determined by the

court.

(16)  In all criminal cases wherein the defendant is

discharged or indigent or the case is otherwise dismissed,

the court shall assess to the county the fee provided in this

section, except that in cases of private criminal complaints

wherein the defendant is discharged prior to the indictment

or the filing of any information or the case is otherwise

dismissed at the summary offense hearing, the court shall

assess the fee to the affiant.

(h)  Subpoenas.--For serving district court-issued subpoenas

for civil, landlord-tenant or criminal matters, $13 for first

witness, plus $5 for each additional witness at the same

address, $2.50 return of service for each subpoena, plus

mileage. The same fee shall be payable for attempting to serve a

subpoena at a wrong address supplied by the party requesting the

service.

(i)  Similar fees.--For civil, landlord-tenant and criminal

services not specifically provided for, the court shall pay the

same fees as it pays for services that it determines to be

similar to those performed.]

Section 2.  Title 44 is amended by adding a part to read:

PART IV

OTHER OFFICERS

Chapter

71.  Constables

CHAPTER 71

CONSTABLES

Subchapter

A.  Preliminary Provisions

B.  Election

C.  Appointment

D.  Conflicts

E.  Training

F.  Powers and Duties

G.  Compensation

H.  Penalties and Remedies

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7101.  Scope.

7102.  Definitions.

7103.  Cities of the first class.

§ 7101.  Scope.

This chapter relates to constables.

§ 7102.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Livestock."  Cattle, horses, sheep, goats and swine of every

age and sex.

§ 7102 7103.  Cities of the first class.

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As of February 10, 1970, the office of constable is abolished

in cities of the first class and the terms of office of

incumbents are terminated.

SUBCHAPTER B

ELECTION

Sec.

7111.  Term of office.

7112.  Cities of the second and third classes.

7113.  Boroughs.

7114.  Townships.

§ 7111.  Term of office.

The term of a constable in a city of the second class, city

of the second class A, city of the third class, borough,

incorporated town or township is six years.

§ 7112.  Cities of the second and third classes.

The qualified voters of each ward in a city of the second or

third class, on the third Tuesday of February, 1890, and every

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three years thereafter, shall elect a properly qualified person

for constable in each ward.

§ 7113.  Boroughs.

(a)  General rule.--Except as provided in subsection (b), the

qualified voters of every borough shall, on the third Tuesday of

<--

February, 1896, vote for and elect a properly qualified person

for constable.

(b)  Boroughs divided into wards.--The qualified voters of

every borough divided into wards shall, on the third Tuesday of

<--

February, 1896, vote for and elect a properly qualified person

for constable in each ward and a properly constable for high

constable in the borough.

§ 7114.  Townships.

(a)  Election.--The following shall apply:

(1)  The qualified voters of every township, on the third

<--

Tuesday of February, 1896, shall vote for and elect a

properly qualified person for constable.

(2)  At the general municipal election of the year 1911,

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and every four years thereafter, the The qualified electors

<--

of each township of the first class may vote for and elect a

properly qualified person to serve as constable, in addition

to the constable elected under paragraph (1).

(b)  Procedure upon election; penalty.--Every person elected

to the office of constable in a township shall appear in court

on the first day of the next court of common pleas of the same

county to accept or decline the office. A person who neglects or

refuses to appear, after having been duly notified of the

election, shall forfeit to the township the sum of $40 to be

levied by order of the court.

(c)  Bond.--The bond given by a constable in a township shall

be in a sum not less than $500 nor more than $3,000, as the

court shall direct, and shall be taken by the clerk of the court

in the name of the Commonwealth, with conditions for just and

faithful discharge by the constable of the duties of office. The

bond shall be held in trust for the use and benefit of persons

who may sustain injury by reason of neglect of duty, and for the

same purposes and uses as a sheriff's bond.

SUBCHAPTER C

APPOINTMENT

§ 7121.  Constables.

When a vacancy occurs in the office of constable, regardless

of the reason for the vacancy, the court of common pleas of the

county of the vacancy, upon petition of not less than ten

qualified electors residing in the borough, city, ward or

township of the vacancy, shall appoint a suitable person, who,

upon being qualified as required by law, shall serve as the

constable for the unexpired term of the vacancy.

§ 7122.  Deputy constables.

(a)  General rule.--Sole power to appoint deputy constables

in a ward, borough or township is vested in the constable of the

ward, borough or township, subject to approval of the court of

common pleas under subsection (b). No person shall be appointed

as a deputy constable unless, at the time of appointment, he is

a bona fide resident of the ward, borough or township for which

he is appointed and he continues to be a bona fide resident for

the duration of the appointment.

(b)  Court approval and qualifications.--

(1)  Except as set forth in paragraph (2), no deputy

shall be appointed, either by general or partial

deputization, without approbation of the Court of Common

<--

Pleas court of common pleas of the county, except for special

<--

appointments in a civil suit or proceeding, at the request

and risk of the plaintiff or his agent. If a deputy no longer

resides in, or ceases to be a qualified elector of, the ward

in which he was appointed to serve, the Court of Common Pleas 

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court of common pleas may revoke the appointment of the

<--

deputy upon petition of five duly qualified electors of the

ward and proof of facts requiring revocation.

(2)  In the event of a deputy's death or inability or

refusal to act, the constable of a township may, with

approbation of the Court of Common Pleas court of common

<--

pleas of the county where the deputy served, appoint another

deputy who shall have full authority to act until the next

regular session of court. The constable and his surety shall

be liable for acts of the deputy as in other cases. The

constable shall file a written copy of the deputization in

the office of the Clerk of Courts clerk of courts of the

<--

county where the constable serves.

(c)  Certain provisions relating to boroughs unaffected.--

This section does not affect the provisions of section 14 of the

act of June 28, 1923 (P.L.903, No.348), entitled "A supplement

to an act, approved the fourteenth day of May, one thousand nine

hundred and fifteen (Pamphlet Laws, three hundred and twelve),

entitled 'An act providing a system for government of boroughs,

and revising, amending, and consolidating the law relating to

boroughs'; so as to provide a system of government where a

borough now has annexed or hereafter shall annex land in an

adjoining county, including assessment of property, levying and

collection of taxes, making municipal improvements, and filing

and collecting of liens for the same; the jurisdiction of courts

for the enforcement of borough ordinances and State laws, and

primary, general, municipal, and special elections; and

repealing inconsistent laws."

SUBCHAPTER D

CONFLICTS

§ 7131.  Public office.

(a)  General rule.--Except as set forth in subsection (b), it

shall be unlawful for a constable to hold or exercise the office

of magisterial district judge or alderman.

(b)  Exceptions.--Nothing in this section or in any other law

or court rule shall be construed to prohibit a constable from:

(1)  being an officer of a political body or political

party as those terms are defined in the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code;

(2)  holding the office of a national, State or county

committee of a political party;

(3)  running for and holding an elective office; or

(4)  participating in election day activities.

§ 7132.  Police officers.

(a)  Constable employed as policeman not to accept other fees

in addition to salary.--Except for public rewards and legal

mileage allowed to a constable for traveling expenses, and

except as provided in subsection (b), it is unlawful for a

constable who is also employed as a policeman to charge or

accept a fee or other compensation, other than his salary as a

policeman, for services rendered or performed pertaining to his

office or duties as a policeman or constable.

(b)  Exception.--Unless prevented from doing so by the

operation of the civil service provisions of the act of February

1, 1966 (1965 P.L.1656, No.581), known as The Borough Code,

borough policemen who reside in the borough may hold and

exercise the office of constable in the borough, or in any ward

thereof, and receive all costs, fees and emoluments pertaining

to such office.

SUBCHAPTER E

TRAINING

Sec.

7141.  Definitions.

7142.  Conduct and insurance.

7143.  Board established.

7144.  Program established.

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7145.  program contents.

7146.  Continuing education.

7147.  (reserved).

7148.  Use of firearms.

7149.  restricted account.

§ 7141.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account."  The Constables' Education and Training Account

established in section 7149 (relating to restricted account).

"Board."  The Constables' Education and Training Board

established in section 7143 (relating to board established).

"Commission."  The Pennsylvania Commission on Crime and

Delinquency of the Commonwealth.

"Court."  The minor judiciary or any other court in this

Commonwealth.

"Judicial duties."  Those services specified in section 7161

(relating to fees).

"Term of office of a deputy constable."  The term of office

of the constable who appointed him.

§ 7142.  Conduct and insurance.

(a)  Certification.--After the establishment, implementation

and administration of the Constables' Education and Training

Program created under sections 7144 (relating to program

established) and 7145 (relating to program contents), no

constable or deputy constable shall perform any judicial duties

nor demand or receive any fee, surcharge or mileage provided by

this subchapter unless he has been certified under this

subchapter.

(b)  Liability insurance.--Every constable and deputy

constable must file with the clerk of courts proof that he has,

currently in force, a policy of professional liability insurance

covering each individual in the performance of his judicial

duties with a minimum coverage of $250,000 per incident and a

minimum aggregate of $500,000 per year. However, no constable or

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deputy constable shall be required to file such proof until

December 15, 1994. The Constables' Education and Training Board

shall immediately investigate and implement the most cost-

effective method of achieving liability insurance for constables

and deputy constables under this subsection.

(c)  Loss of certification.--Any constable or deputy

constable who fails, neglects or refuses to maintain a current

insurance policy as required by subsection (b) or to file proof

thereof with the clerk of courts shall cease automatically to be

certified to perform judicial duties upon the expiration of the

policy of which proof has been filed with the clerk of courts.

(d)  Recertification.--Any constable or deputy constable who

ceases to be certified to perform judicial duties as a result of

the operation of subsection (c) may later be recertified

immediately by filing with the clerk of courts proof that such

insurance has been in force continuously since the officer was

last certified to perform judicial duties. In the case of a

violation of subsection (c), the individual may be recertified

by complying with subsection (b).

(e)  Limitations on liability.--The provisions of this

subchapter shall not be deemed to impose respondeat superior

liability on any county.

(f)  Conduct.--While a constable or deputy constable is

performing duties other than judicial duties, regardless of

whether or not he is certified under this subchapter, he shall

not in any manner hold himself out to be active as an agent,

employee or representative of any court, magisterial district

judge or judge.

§ 7143.  Board established.

(a)  Board created.--There is established within the

commission an advisory board to be known as the Constables'

Education and Training Board.

(b)  Composition.--The board shall be composed of the

Pennsylvania State Police Commissioner or his designee and six

other members appointed by the Governor with the consent of a

majority of the members of the Senate:

(1)  Three persons who shall be constables.

(2)  One person who shall be a magisterial district

judge.

(3)  One person who shall be a court administrator.

(4)  One person who shall be a county commissioner.

(c)  Appointments and terms.--Members shall serve for three-

year terms and may be appointed for more than one additional

consecutive term. If a member who serves by virtue of public

office ceases to represent the class to which he was appointed,

his membership in the commission shall terminate immediately,

and a new member shall be appointed in the same manner as his

predecessor to fill the unexpired portion of the term. No

constable may be appointed, be reappointed or serve as a board

member unless he is certified under this subchapter.

(d)  Vacancy.--A member appointed to fill a vacancy created

by any reason other than expiration of a term shall be appointed

for the unexpired term of the member whom he is to succeed in

the same manner as the original appointment.

(e)  Expenses.--The members of the board shall serve without

compensation but shall be reimbursed the necessary and actual

expenses incurred in attending meetings of the board and in the

performance of their duties under this subchapter.

(f)  Removal.--Members of the board may be removed by the

appointing authority for good cause upon written notice from the

appointing authority specifically setting forth the cause for

removal.

(g)  Chairman elected.--The members of the board shall elect

a chairman from among the members to serve for a period of one

year. A chairman may be elected to serve successive terms. The

Governor shall designate the first chairman for organizational

purposes only.

(h)  Meetings.--The chairman shall summon the members of the

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board to the first meeting within 30 days after his appointment

or within 30 days after the appointment of a sufficient number

of members to constitute a quorum, whichever is later. The board

shall meet as often as it deems necessary but at least four

times each year. Meetings may be called by the chairman of the

board or by any four members thereof, in either case upon at

least ten days' written notice to all members of the board. A

quorum shall consist of four members.

§ 7144.  Program established.

The board, with the review and approval of the commission,

shall:

(1)  Establish, implement and administer the Constables'

Education and Training Program according to the minimum

requirements set forth in this subchapter.

(2)  Establish, implement and administer requirements for

the minimum courses of study and training for constables and

deputy constables.

(3)  Establish, implement and administer requirements for

courses of study and in-service training for constables and

deputy constables.

(4)  Establish, implement and administer requirements for

a continuing education program for constables and deputy

constables concerning subjects the board may deem necessary

and appropriate for the continued education and training of

constables and deputy constables.

(5)  Approve or revoke the approval of any school which

may be utilized for the educational and training requirements

of this subchapter.

(6)  Establish the minimum qualifications for instructors

and certify instructors.

(7)  Consult, cooperate and contract with universities,

colleges, law schools, community colleges and institutes for

the development of basic and continuing education courses for

constables and deputy constables.

(8)  Promote the most efficient and economical program

for constable and deputy constable training by utilizing

existing facilities, programs and qualified State and local

personnel.

(9)  Certify constables and deputy constables who have

satisfactorily completed the basic and continuing education

and training requirements of this subchapter and issue

appropriate certificates to them.

(10)  Make rules and regulations and perform other duties

as may be reasonably necessary or appropriate to administer

the education and training program for constables and deputy

constables.

(11)  In consultation with the Insurance Commissioner,

monitor the price and availability of the liability insurance

required by section 7142(b) (relating to conduct and

insurance) and, if deemed necessary by the board, provide

information and coordination to assure the availability and

competitive pricing of such insurance.

(12)  Make an annual report to the Governor and to the

General Assembly concerning:

(i)  The administration of the Constables' Education

and Training Program.

(ii)  The activities of the board.

(iii)  The costs of the program.

(iv)  Proposed changes, if any, in this subchapter.

§ 7145.  Program contents.

The Constables' Education and Training Program shall include

training for a total of 80 hours, the content of which shall be

determined by regulation. The training shall include instruction

in the interpretation and application of the fees provided for

in section 7161 (relating to fees). Any constable or deputy

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constable who is in office as of June 15, 1994, shall be

afforded one and only one opportunity prior to the expiration of

his current term to satisfactorily complete this program by

examination without the necessity of class attendance.

§ 7146.  Continuing education.

The board, with the review and approval of the commission,

shall establish a mandatory continuing education program for

constables and deputy constables, which shall include no more

than 40 hours per year, concerning subjects the board may deem

necessary and appropriate for the continued education and

training of constables and deputy constables.

§ 7147.  Automatic certification.

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All constables and deputy constables who are in office as of

June 15, 1994, shall be deemed to be certified under and in

compliance with sections 7145 (relating to program contents) and

7146 (relating to continuing education) for the balance of their

current term of office or until the constables and deputy

constables have been provided an opportunity to complete the

education and training in accordance with section 7145 or 7146,

whichever is sooner. (Reserved).

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§ 7148.  Use of firearms.

(a)  Standards.--The Constables' Education and Training

Board, with the review and approval of the Pennsylvania

Commission on Crime and Delinquency, shall establish standards

for the certification or qualification of constables and deputy

constables to carry or use firearms in the performance of any

duties.

(b)  Certification and qualification.--Until such time as the

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board establishes the standards under subsection (a), no No 

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constable or deputy constable shall carry or use a firearm in

the performance of any duties unless he is currently certified

or qualified in firearms under at least one of the following:

(1)  The former act of June 18, 1974 (P.L.359, No.120),

referred to as the Municipal Police Education and Training

Law.

(2)  The act of October 10, 1974 (P.L.705, No.235), known

as the Lethal Weapons Training Act.

(3)  The act of February 9, 1984 (P.L.3, No.2), known as

the Deputy Sheriffs' Education and Training Act.

(c)  Availability.--In accordance with subsection (b), the

firearms portion of the education and training under the listed

laws shall be made available to constables and deputy

constables.

§ 7149.  Restricted account.

(a)  Account established.--There is established a special

restricted account within the General Fund, which shall be known

as the Constables' Education and Training Account, for the

purposes of financing training program expenses, the costs of

administering the program and all other costs associated with

the activities of the board and the implementation of this

subchapter and as provided under subsection (f).

(b)  Surcharge.--There is assessed as a cost in each case

before a magisterial district judge a surcharge of $5 per docket

number in each criminal case and $5 per named defendant in each

civil case in which a constable or deputy constable performs a

service provided in this subchapter Subchapter G (relating to

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compensation), except that no county shall be required to pay

this surcharge on behalf of any indigent or other defendant in a

criminal case.

(c)  Disposition of funds.--The surcharges collected under

subsection (b), if collected by a constable or deputy constable,

shall be turned over within one week to the issuing authority.

The issuing authority shall remit the same to the Department of

Revenue for deposit into the account.

(d)  Disbursements.--Disbursements from the account shall be

made by the commission.

(e)  Audit.--The Auditor General shall conduct an audit of

the account as he may deem necessary or advisable, from time to

time, but not less than once every three years.

(f)  Fund surplus.--If account money are sufficient to meet

the expenses and costs under subsection (a), the commission may

allocate any surplus funds in the account to assist constables

and deputy constables with costs associated with attendance at

continuing education programs under section 7146 (relating to

continuing education).

SUBCHAPTER F

POWERS AND DUTIES

Sec.

7151.  General imposition of duties and grant of powers.

7152.  Elections.

7153.  Service of process.

7154.  Collection of taxes.

7155.  Arrest of offenders against forest laws.

7156.  Executions.

7157.  Returns and appearance.

7158.  Arrest in boroughs.

7159.  Trespassing livestock.

7159.1.  Sale of trespassing livestock.

§ 7151.  General imposition of duties and grant of powers.

Constables shall perform all duties authorized or imposed on

them by statute. All rules and regulations limiting the powers

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of constables or suspending any statute relating to powers are

repealed in so far as they are inconsistent with this section.

§ 7152.  Elections.

The constable of a borough, township or ward, or his deputy,

shall do all of the following:

(1)  Be present at the polling place in each election

district of the borough, township or ward at each election

during the continuance of each election and while the votes

are being counted, for the purpose of preserving the peace.

(2)  Serve at all elections.

§ 7153.  Service of process.

If no coroner is in commission to serve process in a suit

instituted in a court of this Commonwealth in which the sheriff

of a county may be a party, a constable in the county where the

process has been issued may serve as the coroner and perform the

authorized duties of the coroner.

§ 7154.  Collection of taxes.

(a)  Bond.--It shall be unlawful for a tax collector to do

any of the following:

(1)  Give a warrant against delinquent tax payers to a

constable unless the constable has given security by bond and

warrant, with two sufficient sureties and to the satisfaction

of the Court of Common Pleas, in the sum of $5,000.

(2)  Give a constable, at any one time, warrants for a

greater amount of taxes than the amount of the bond required

under paragraph (1).

(b)  Report and payment.--A constable shall make a report and

payment of all collections on warrants under subsection (a) at

least once in every week after the warrants have been issued.

(c)  Interest.--In addition to any commissions that may be

imposed for the collection of taxes, all taxes remaining unpaid

on the first day of January after the year for which they were

assessed shall accrue interest until they are paid.

§ 7155.  Arrest of offenders against forest laws.

If a person is detected by a constable in the act of

trespassing upon any forest or timber land within this

Commonwealth, under circumstances as to warrant reasonable

suspicion that the person has, is or may commit an offense

against any law for the protection of forests and timber land,

the constable may, without first procuring a warrant, arrest the

person.

§ 7156.  Executions.

(a)  Debt, interests and costs.--The debt, interest and costs

of a writ of execution delivered to a constable shall be entered

into the docket of a magisterial district court and on the back

of the writ of execution. A constable may not be discharged from

the writ of execution unless he provides to the magisterial

district judge on or before the return day of the writ of

execution the receipt of the plaintiff or any other legally

sufficient return.

(b)  Invalid returns.--If a constable makes a false return,

does not produce the plaintiff's receipt on the return day or

makes a return deemed insufficient by the magisterial district

judge, the magisterial district judge shall issue a summons to

the constable to appear on the designated day, which may not be

more than eight days from the date of issuance, to show cause

why a writ of execution should not be issued against the

constable for the amount of the writ of execution under

subsection (a). If the constable does not appear or does not

show sufficient cause why the writ of execution should not be

issued against him, the magisterial district judge shall enter

judgment against the constable for the amount of the writ of

execution under subsection (a) with costs. No stay may be

entered upon the writ of execution and upon application of the

plaintiff or his agent, the magisterial district judge shall

issue an execution against the constable for the amount of the

judgment, which may be directed to an authorized person. The

summons under this subsection shall be issued to an authorized

person to serve. If the summons is not served, that person shall

pay a fine of $20. If an authorized person cannot be

conveniently found to serve the summons, the magisterial

district judge shall direct it to the supervisor of the highways

of the township, ward or district where the constable resides,

whose shall serve the summons or pay a penalty of $20.

(c)  Insolvent debtors.--Nothing in this section shall affect

proceedings regarding insolvent debtors and their discharge on a

full surrender of their property.

§ 7157.  Returns and appearance.

(a)  Returns.--In a county of the sixth, seventh or eighth

class, a constable is not required to make a return, if required

by law, to the court of common pleas if the constable has no

information to impart in the return.

(b)  Appearance.--A court may summon a constable to appear

before it and direct the constable to investigate a complaint of

a violation of law or of a condition which a constable is

required to report to the court and to make a report of his

investigation.

§ 7158.  Arrest in boroughs.

In addition to any other powers granted under law, a

constable of a borough shall, without warrant and upon view,

arrest and commit for hearing any person who:

(1)  Is guilty of a breach of the peace, vagrancy,

riotous or disorderly conduct or drunkenness.

(2)  May be engaged in the commission of any unlawful act

tending to imperil the personal security or endanger the

property of the citizens.

(3)  Violates any ordinance of the borough for which a

fine or penalty is imposed.

§ 7159.  Trespassing livestock.

(a)  In general.--An owner or tenant of an enclosed or

unenclosed, improved land in this Commonwealth who discovers

trespassing livestock shall notify the constable of the

township, borough or ward in which the improved land lies. If

the constable of the township, borough or ward is unavailable or

unable to assist, the owner or tenant shall notify the constable

of the county. The following shall apply:

(1)  The constable shall impound the livestock either

with the owner or tenant of the land if the owner, and the

tenant if one exists, agree or with another individual or

entity that the constable may deem best situated to care for

the livestock.

(2)  All reasonable costs of keeping the livestock shall

be part of the costs of care.

(b)  Notification.--The owner of the livestock shall be

notified in the following manner:

(1)  If the owner is known and resides within the county

where the trespass has been committed, the constable shall

give written notice to the owner that the livestock has been

impounded, the location of the livestock and the name of the

owner of the land where the livestock trespassed. Notice

shall be given within 24 hours of impounding in accordance

with the Pennsylvania Rules of Civil Procedure.

(2)  If the owner is known but does not reside in the

county where the trespass has been committed, the constable

shall give written notice to the owner that the livestock has

been impounded, the location of the livestock, and the name

of the owner of the land where the livestock trespassed.

Notice shall be served within 24 hours of impounding by

registered mail.

(c)  Payment.--If, within four days of receiving notice, the

owner of the trespassing livestock pays for the cost of the

damage to the land, the costs of care and the fee for the

constable, the livestock shall be returned to the owner within

three days after receiving payment.

(d)  Refusal.--If the owner fails to pay the costs and fees

within four days, the constable shall notify the magisterial

district judge of the county where the trespass was committed.

The magisterial district judge shall then direct three

disinterested owners of land in the locale where the damage

occurred to inspect the trespass, value and appraise the damage.

The three shall then consider the appraisal, value and costs of

care and make a report to the magisterial district judge within

five days.

§ 7159.1.  Sale of trespassing livestock.

(a)  Process.--If the owner of the livestock fails to pay for

the costs, damages and fees within one day of the filing of the

report of the appraisers, the livestock shall be sold at a

public sale. The following shall apply:

(1)  The livestock must be described with particularity

in a printed or written advertisement. The following shall

apply:

(i)  The advertisement must be posted at six of the

most public places in the locale of the damaged property.

(ii)  The advertisement must set forth a place and

time of public sale of the livestock.

(2)  At the named time and place, the livestock shall be

sold to the highest bidder unless at any time prior to the

sale the owner of the livestock shall pay all costs, damages

and fees or has begun an action for replevin against the

owner of the land.

(3)  The constable shall remit a written report of the

sale and all money realized from the sale of the livestock to

the magisterial district judge. The following shall apply:

(i)  The magisterial district judge shall pay the

costs and damages to the land owner.

(ii)  Not less than three, nor more than four, months

after the sale the magisterial district judge shall remit

any surplus to the county treasurer in the county where

the damage occurred.

(iii)  The owner of the livestock shall have the

right to submit proof of ownership to the magisterial

district judge or the county treasurer at any time within

two years of the sale to claim any surplus of the sale.

(4)  If the sale results in a deficit, the payment shall

be made as follows:

(i)  First, the costs shall be paid in full or

divided pro rata among the constable, magisterial

district judge, the appraisers and the cost of care.

(ii)  After the costs are paid in full, the remaining

amount shall be paid to the owner of the land for any

damage sustained.

(b)  Redemption.--The owner of livestock impounded under this

section shall have the right, at any time before the livestock

are sold, to pay all the costs accrued and the amount of damages

awarded in the appraisement in section 7159 (relating to

trespassing livestock) and to recover the livestock.

(c)  Replevin.--The owner may also recover the impounded

livestock, at any time before the livestock are sold, through a

successful action of replevin. The following shall apply:

(1)  The action for replevin must be on the condition

that the owner of the livestock pay all damages and fees

including:

(i)  Amount of damages sustained by the land owner.

(ii)  Costs of care.

(iii)  Fees to the constable, magisterial district

judge and the three disinterested appraisers.

(2)  The damages and fees shall be itemized by costs,

damages and fees.

(3)  If a jury or the appraisers determine that the harm

to the owner of the livestock was greater than the harm to

the owner of the land, the owner of the livestock must still

pay the costs and fees, but not to the attorney for the owner

of the land.

(4)  If a jury or the appraisers determine that the harm

to the owner of the land is greater than the harm to the