PRINTER'S NO. 1028
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
907
Session of
2019
INTRODUCED BY CALTAGIRONE, HILL-EVANS, MILLARD, PYLE, READSHAW,
BARRAR, MURT, DeLUCA AND KORTZ, MARCH 20, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 20, 2019
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in constables, providing for
disqualification and further providing for restricted
account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7142.1. Disqualification.
(a) Ineligibility.--An individual is ineligible to be
certified as a constable or deputy constable if that individual:
(1) Was convicted of an offense graded as a felony or
serious misdemeanor and has not been pardoned for the
offense.
(2) Was convicted of an offense in another jurisdiction,
state, territory or country in accordance with the laws of
that jurisdiction, state, territory or country if the offense
is equivalent to an offense under paragraph (1), regardless
of the grading in that location.
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(3) Is required to register under 42 Pa.C.S. § 9799.13
(relating to applicability).
(b) Certification.--The board may not certify a constable or
deputy constable under section 7144(9) (relating to program
established) who is disqualified under subsection (a).
(c) Criminal history check.--To comply with this section,
the board shall check criminal history record information under
18 Pa.C.S. Ch. 91 (relating to criminal history record
information).
(d) Definition.--As used in this section, the term "serious
misdemeanor" means a criminal offense for which an individual
may be sentenced to imprisonment for one year or more.
Section 2. Section 7149(b), (c) and (e) of Title 44 are
amended and the section is amended by adding a subsection to
read:
§ 7149. Restricted account.
* * *
(b) Surcharge.--[There is] Except as provided in subsection
(b.1), there shall be assessed as a cost in each case before a
magisterial district judge a surcharge of [$5] $10 per docket
number in each criminal case and [$5] $10 per named defendant in
each civil case in which a constable or deputy constable
performs a service provided in Subchapter G (relating to
compensation), [except that no county shall be required to pay
this surcharge on behalf of any indigent or other defendant in a
criminal case.] the surcharge shall be assessed each time a
constable or a deputy constable performs a service on the
docket. Additionally, a surcharge of $10 shall be assessed for
any miscellaneous docket or domestic relations docket issued by
the court of common pleas in which a constable or deputy
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constable performs a service, and a surcharge of $2 shall be
assessed for any prisoner transport executed by a constable or
deputy constable.
(b.1) Exception.--No county shall be required to pay a
surcharge on behalf of 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. The Administrative Office
of Pennsylvania Courts shall ensure proper collection of
surcharges in accordance with the priority levels established
within the Uniform Disbursement Schedule.
* * *
(e) Audit.--The Auditor General shall conduct an annual
audit of the account [as he may deem necessary or advisable,
from time to time, but not less than once every three years.] to
ensure all surcharges are being properly received and that all
money deposited into the account is utilized only for its
intended purposes.
* * *
Section 3. This act shall take effect in 90 days.
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