PRINTER'S NO. 373
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
389
Session of
2019
INTRODUCED BY D. MILLER, SCHLOSSBERG, McNEILL, MURT, RABB,
STURLA, KINSEY, DAVIDSON, HILL-EVANS, DEASY, FRANKEL, WARREN,
McCLINTON AND SCHWEYER, FEBRUARY 6, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in selection and
retention of judicial officers, further providing for content
of course of instruction and examination and for continuing
education requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3113 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
§ 3113. Content of course of instruction and examination.
* * *
(c) Specific topics of instruction.--The course of training
and instruction shall specifically include:
(1) Information regarding the awareness, support,
treatment and diversionary options relating to mental health,
intellectual disabilities, autism and addiction.
(2) Instruction on the imposition and collection of
fines, costs and restitution in summary cases, including the
following topics:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(i) Properly evaluating a defendant's ability to
pay.
(ii) Setting affordable payment plans.
(iii) Possible collection methods.
(iv) Alternatives to payment.
(v) Proper procedures when a defendant does not pay.
(vi) Sentencing options if a defendant willfully
does not pay.
(vii) The right to appeal.
(viii) The right to counsel.
(3) Information regarding the following:
(i) Adolescent development.
(ii) At-risk behaviors and causes.
(iii) The intersection of dependency and
delinquency.
(iv) Positive behavior tools and juvenile-specific
resources designed to improve outcomes for individuals
under 18 years of age.
(d) Public information.--All materials for the course of
training and instruction shall be made available on the publicly
accessible Internet website of the board.
Section 2. Section 3118(a) of Title 42 is amended to read:
§ 3118. Continuing education requirement.
(a) Magisterial district judges.--
(1) Every magisterial district judge shall complete a
continuing education program each year equivalent to not less
than 32 hours per year in such courses or programs as are
approved by the board. [At least every six years, the program
shall include the identification of mental illness,
intellectual disabilities and autism and the availability of
20190HB0389PN0373 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
diversionary options for individuals with mental illness,
intellectual disabilities or autism.] Annual training topics
shall specifically include:
(i) Information regarding the awareness, support,
treatment and diversionary options relating to mental
health, intellectual disabilities, autism and addiction.
(ii) Instruction on the imposition and collection of
fines, costs and restitution in summary cases, including
the following topics and any updates on relevant rules
and case law:
(A) Properly evaluating a defendant's ability to
pay.
(B) Setting affordable payment plans.
(C) Possible collection methods.
(D) Alternatives to payment.
(E) Proper procedures when a defendant does not
pay.
(F) Sentencing options if a defendant willfully
does not pay.
(G) The right to appeal.
(H) The right to counsel.
(iii) Information regarding the following:
(A) Adolescent development.
(B) At-risk behaviors and causes.
(C) The intersection of dependency and
delinquency.
(D) Positive behavior tools and juvenile-
specific resources designed to improve outcomes for
individuals under 18 years of age.
(1.1) All materials for the course under paragraph (1)
20190HB0389PN0373 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall be made available on the publicly accessible Internet
website of the board.
(2) If a magisterial district judge fails to meet these
continuing education requirements, such judge shall be
subject to suspension by the Supreme Court until such time as
evidence of compliance with such requirements is submitted by
the board, but in no event longer than six months at which
time the failure to meet the continuing education
requirements shall be grounds for the Supreme Court, after a
hearing, to declare a vacancy in that district.
* * *
Section 3. This act shall take effect in 60 days.
20190HB0389PN0373 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12