Bill Text: PA HB2731 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for townships; providing for election of constables and for bonds; further providing for deputy constables; providing for political activity; further providing for certification definitions and for certification program establishment content; providing for discipline; further providing for powers and duties, for service of process, for collection of taxes, for arrest for forest law violations, for executions, for returns and appearances, for arrests in boroughs, for trespassing livestock, for returns, for certain fees, for court returns and for taxes; and making a conforming amendment.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2010-09-15 - Referred to JUDICIARY [HB2731 Detail]

Download: Pennsylvania-2009-HB2731-Introduced.html

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PRINTER'S NO. 4238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2731 Session of2010
INTRODUCED BY CALTAGIRONE, BRENNAN, D. COSTA, KULA, BELFANTI, BRIGGS, CLYMER, GEIST, GINGRICH, GROVE, HARRIS, MAHONEY, McGEEHAN, MILNE, MOUL, MUNDY, REICHLEY, SANTONI, SIPTROTH, SOLOBAY, SWANGER AND BEYER, SEPTEMBER 15, 2010
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 15, 2010
AN ACT
Amending Titles 18 (Crimes and Offenses) and 44 (Law and
Justice) of the Pennsylvania Consolidated Statutes, further
providing for townships; providing for election of constables
and for bonds; further providing for deputy constables;
providing for political activity; further providing for
certification definitions and for certification program
establishment content; providing for discipline; further
providing for powers and duties, for service of process, for
collection of taxes, for arrest for forest law violations,
for executions, for returns and appearances, for arrests in
boroughs, for trespassing livestock, for returns, for certain
fees, for court returns and for taxes; and making a
conforming amendment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6106(b)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6106. Firearms not to be carried without a license.
* * *
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) [Constables, sheriffs] Sheriffs, prison or jail
wardens, or their deputies, policemen of this Commonwealth or
its political subdivisions, or other law-enforcement
officers.
* * *
Section 2. Section 7114(c) of Title 44 is amended to read:
§ 7114. Townships.
* * *
[(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.]
Section 3. Title 44 is amended by adding sections to read:
§ 7115. Election of constables.
A candidate for the office must reside in the municipality in
which the candidate seeks office for at least one year prior to
filing a nomination petition or receiving an appointment under
section 7121 (relating to constables) and, during the term of
office, must remain a resident of the electoral district from
which elected or appointed.
§ 7116. Bond.
The bond given by a constable in a township shall be in a sum
not less than $1,000 nor more than $8,000, 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
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may sustain injury by reason of neglect of duty and for the same
purposes and uses as a sheriff's bond.
Section 4. Section 7122(b)(1) and (c) of Title 44 are
amended to read:
§ 7122. Deputy constables.
* * *
(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 of the county, except for special appointments in a
civil suit or proceeding, at the request and risk of the
plaintiff or his agent. To be appointed as a deputy, an
individual must have resided for at least one year in the
municipality where the individual will serve and remain a
resident of the electoral district from which the individual
was appointed during the term of appointment. If a deputy no
longer resides in, or ceases to be a qualified elector of,
the [ward] municipality in which he was appointed to serve,
the court of common pleas may revoke the appointment of the
deputy upon petition of five duly qualified electors of the
[ward] municipality and proof of facts requiring revocation.
* * *
[(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
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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."]
Section 5. Title 44 is amended by adding a section to read:
§ 7133. Political activity.
(a) Prohibition.--Except as set forth in subsection (b), a
constable may not engage in political activity.
(b) Exception.--Subsection (a) does not apply to a constable
during the election year in which the constable is a candidate
for reelection as a constable or to any other elective office
the constable holds, provided that the activity comports with
current law.
Section 6. The heading of Subchapter E of Chapter 71 of
Title 44 is amended to read:
SUBCHAPTER E
[TRAINING] CERTIFICATION
Section 7. The definition of "judicial duties" in section
7141 of Title 44 is amended to read:
§ 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:
* * *
"Judicial duties." Those services specified in [section]
sections 7161 (relating to fees), 7161.1 (relating to specific
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fees) and 7165 (relating to seizure fees).
* * *
Section 8. Sections 7144(9), 7145, 7147 and 7151 of Title 44
are amended to read:
§ 7144. Program established.
The board, with the review and approval of the commission,
shall:
* * *
(9) Certify and issue appropriate certificates to
constables and deputy constables who [have] comply with all
of the following:
(i) Have no criminal record for an offense graded as
a felony or a misdemeanor of the first degree, as
determined by:
(A) a report under 18 Pa.C.S. Ch. 91 (relating
to criminal history record information); or
(B) a statement from the Pennsylvania State
Police that the State Police central repository
contains no criminal history of conviction of a
felony or misdemeanor of the first degree.
(ii) Undergo a psychological examination by a
Pennsylvania-licensed psychologist, for which the board
shall establish an acceptable range of scores on the
Minnesota Multiphasic Personality Inventory or other
accepted evaluative instrument, to determine whether the
constable is psychologically capable of exercising
appropriate judgment and restraint in performing the
duties of constable. The constable shall be responsible
for the costs of this evaluation.
(iii) Have satisfactorily completed the basic and
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continuing education and training requirements of this
subchapter [and issue appropriate certificates to them].
* * *
§ 7145. Program [contents] content.
The Constables' Education and Training Program shall include
training for a total of no less than 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).
§ 7147. [(Reserved)] Discipline.
(a) Standards.--
(1) The Supreme Court may establish by rule standards
for the performance within the judicial districts of a
constable's judicial duties and related topics, including:
(i) A dress code and uniform and badge standards.
(ii) Billing forms and standards.
(iii) Vehicle standards as set forth in Title 75
(relating to vehicles).
(iv) Standards for the transport of prisoners, which
shall include at a minimum maintaining a vehicle in full
compliance with all general requirements of 75 Pa.C.S.
(relating to vehicles) for road worthiness which contains
a separate secure area of the vehicle for prisoner
transport, including driver controlled door and window
locks. No more than three prisoners may be transported in
a passenger vehicle. No more than six prisoners may be
transported in a van. At least two armed and certified
constables shall be present during any transport.
(v) A code of conduct.
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(2) Standards under this subsection shall not contravene
or supersede this chapter.
(b) Sanctions.--A court of common pleas may, upon petition
of a person, suspend or revoke the certification under this
subchapter of a constable or deputy constable holding office
within the judicial district of the court or remove them from
office, if, after notice and hearing, the court finds by clear
and convincing evidence that the constable or deputy constable
has:
(1) engaged in misfeasance or malfeasance in office;
(2) been convicted while in office of a felony or an
offense, other than a felony, having falsification as an
element, or been convicted in another jurisdiction of an
offense which would constitute a felony or an offense, other
than a felony, having falsification as an element under the
laws of this Commonwealth;
(3) failed to comply with the standards established
under subsection (a); or
(4) during the term of office, engaged in:
(i) dishonest or immoral conduct; or
(ii) conduct tending to bring disrepute to the
office of constable, including any abuse of the authority
of the office or constable.
§ 7151. General imposition of duties and grant of powers.
(a) Authorization.--Constables shall perform all duties
authorized or imposed on them by statute or by court order.
(b) Limitation.--Constables have the power to arrest only in
accordance with an arrest warrant. When a judicial officer
issues an arrest warrant to a constable, the judicial officer
may provide the constable with a photograph and criminal
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history, from any source to which the judicial officer has
authorized access, of the individual specified in the arrest
warrant. This information may be supplied in connection with the
service of other documents as needed or required for constable
safety.
(c) Official capacity.--
(1) If a constable is certified under section 7142(a)
(relating to conduct and insurance), the constable may do any
of the following:
(i) Represent himself as a constable or act in the
official capacity as a constable if engaged in the
performance of judicial duties. As used in this
subparagraph, the term "judicial duties" has the meaning
given in section 7141 (relating to definitions).
(ii) Carry a firearm under section 7148 (relating to
use of firearms.
(iii) Providing security, crowd control, educational
or similar services on behalf of and under contract to a
political subdivision.
(2) Regardless of certification under section 7142(a), a
constable may represent himself as a constable or act in the
official capacity as a constable if engaged in any of the
following activities:
(i) Performance of duties under section 7152
(relating to elections).
(ii) Service of judicial process on behalf of and
under contract to a party to a judicial proceeding.
(iii) Attendance at a meeting of an organization
constituting an association of constables.
(iv) Attendance at a meeting, hearing or function of
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the Commonwealth or a political subdivision.
(v) Activity as authorized by law.
(3) Unless authorized under paragraph (1) or (2), a
constable may not represent himself as a constable or act in
the official capacity as a constable. This paragraph includes
wearing a uniform or badge.
Section 9. Sections 7153, 7154, 7155, 7156, 7157, 7158,
7159, 7159.1, 7162, 7164, 7166 and 7173 of Title 44 are
repealed:
[§ 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
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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
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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,
who 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:
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(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, agrees 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
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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:
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(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.
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(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
owner of the livestock, the court shall require the owner of
the livestock to pay a reasonable fee to the attorney for the
owner of the land.
§ 7162. Returns.
The returns required by law to be made by constables to the
court of common pleas may, at the discretion of the court, be
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abolished, or be made at times and relating to subjects as the
court may require. No constable shall be entitled to fees or
mileage for making a return, except as required by the court.
§ 7164. Impounding, selling and viewing fees.
(a) Impounding and selling.--The fees collected by the
constable for impounding an animal shall be $1 and $2 for each
animal sold, provided that the fees of the constable for
impounding and selling amount to not more than $4. The fees of
the magisterial district judge shall be $1 for each case,
without regard to the number of animals impounded, for all cases
where no sale is made and $3 for all cases where a sale is made.
(b) Viewing.--The fees for each viewer appointed to assess
the damages shall be $1 for the first hour and $.50 per hour for
each hour necessarily engaged after the first hour.
§ 7166. Returns to court.
(a) Scope of section.--This section shall apply to counties
of the sixth, seventh and eighth class.
(b) Requirements.--No compensation for making a return to
court shall be paid to a constable unless he has appeared in
court and presented his return containing information required
by the court, at the regular time fixed by law for making the
return.
§ 7173. Taxes.
If a constable defaults on remittance of collected tax
pursuant to law, all of the following apply:
(1) The constable is no longer authorized to receive
tax.
(2) The person that was entitled to the remittance shall
publish, three times in three daily newspapers, notice of the
loss of authority under paragraph (1).
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(3) The constable may not draw compensation until the
default is cured.]
Section 10. This act shall take effect in 60 days.
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