PRIOR PRINTER'S NO. 1643
PRINTER'S NO. 1662
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1119
Session of
2020
INTRODUCED BY BAKER, FARNESE, KILLION, K. WARD, ARNOLD, J. WARD,
REGAN, STEFANO AND SCAVELLO, APRIL 17, 2020
SENATOR BAKER, JUDICIARY, RE-REPORTED AS AMENDED, APRIL 29, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for declaration of judicial emergencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5506. Declaration of judicial emergencies.
(a) Judicial emergencies.--Notwithstanding any other
provision of this chapter, if the time within which an action
must be commenced under this chapter is set to expire during IN
THE EVENT OF a judicial emergency declared by a governing
authority under Article V of the Constitution of Pennsylvania, a
law of this Commonwealth, a rule of court or other judicial
order BY THE SUPREME COURT OR ANY AGENCY OR UNIT OF THE UNIFIED
JUDICIAL SYSTEM EXERCISING A POWER OR PERFORMING A DUTY IN
ACCORDANCE WITH SECTION 1721 (RELATING TO DELEGATION OF POWERS),
I F THE TIME WITHIN WHICH AN ACTION MUST BE COMMENCED UNDER THIS
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CHAPTER EXPIRES PRIOR TO THE EXPIRATION OF THE EARLIER TO OCCUR
OF THE ADDITIONAL 30-DAY PERIODS SPECIFIED UNDER PARAGRAPH (2)
(I), (II) OR (III) , the following shall apply:
(1) The time within which the action must be commenced
shall be tolled AS PROVIDED UNDER THIS SECTION .
(2) A person may MUST commence the action within 30 days
after the expiration of the declared judicial emergency and
the action shall be deemed timely filed under section 5503(a)
(relating to commencement of matters).
(b) Applicability.--
(1) This section shall apply to any judicial district
for which a judicial emergency is declared. If a Statewide
judicial emergency is declared by a governing authority, this
section shall apply to all judicial districts.
(2) This section shall be retroactive to March 18, 2020.
ANY OF THE FOLLOWING, WHICHEVER OCCURS FIRST:
(I) THE EXPIRATION OF THE DECLARED JUDICIAL
EMERGENCY.
(II) THE JUDICIAL DISTRICT ESTABLISHES A METHOD BY
WHICH THE ACTION MAY BE COMMENCED BY RULE OF COURT OR
OTHER JUDICIAL ORDER DURING THE JUDICIAL EMERGENCY.
(III) THE EFFECTIVE DATE OF THE JUDICIAL EMERGENCY
IF THE JUDICIAL DISTRICT HAS ESTABLISHED A METHOD BY
WHICH THE ACTION MAY BE COMMENCED BY RULE OF COURT OR
OTHER JUDICIAL ORDER PRIOR TO SUCH EFFECTIVE DATE.
(3) AN ACTION COMMENCED DURING THE ADDITIONAL 30-DAY
PERIODS SPECIFIED UNDER PARAGRAPH (2)(I), (II) OR (III) SHALL
BE DEEMED TIMELY FILED UNDER SECTION 5503(A) (RELATING TO
COMMENCEMENT OF MATTERS).
(B) APPLICABILITY.--THIS SECTION SHALL APPLY TO ANY JUDICIAL
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DISTRICT FOR WHICH A JUDICIAL EMERGENCY IS DECLARED. IF A
STATEWIDE JUDICIAL EMERGENCY IS DECLARED BY A GOVERNING
AUTHORITY, THIS SECTION SHALL APPLY TO ALL JUDICIAL DISTRICTS.
(C) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO REDUCE THE TIME WITHIN WHICH AN ACTION MUST BE
COMMENCED AS ESTABLISHED BY ANY OTHER LAW OF THIS COMMONWEALTH,
RULE OF COURT OR OTHER JUDICIAL ORDER.
Section 2. This act shall take effect immediately.
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