Bill Text: PA HB1607 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Consolidating the law relating to constables; in Title 42, further providing for deposits into the Judicial System Augmentation Account and providing for surcharges; in Title 44, repealing obsolete provisions on recidivism and revising provisions on second and third class cities, on boroughs, on townships, on the Constables' Education and Training Board, on use of firearms, on the Constables' Education and Training Account and on statutory authority; making editorial changes; and making related repeals.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-09 - Act No. 49 [HB1607 Detail]

Download: Pennsylvania-2009-HB1607-Amended.html

---

PRIOR PRINTER'S NOS. 1999, 2179 PRINTER'S NO. 2295
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1607 Session of2009
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, DENLINGER AND KORTZ, JUNE 3, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 25, 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
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Pennsylvania Consolidated Statutes is repealed: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
20090HB1607PN2295 - 2 -
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.
20090HB1607PN2295 - 3 -
(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
20090HB1607PN2295 - 4 -
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.
20090HB1607PN2295 - 5 -
(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
20090HB1607PN2295 - 6 -
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
20090HB1607PN2295 - 7 -
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.
20090HB1607PN2295 - 8 -
(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
20090HB1607PN2295 - 9 -
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
20090HB1607PN2295 - 10 -
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
20090HB1607PN2295 - 11 -
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
20090HB1607PN2295 - 12 -
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
20090HB1607PN2295 - 13 -
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
20090HB1607PN2295 - 14 -
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.
§ 7103. Cities of the first class.
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.
20090HB1607PN2295 - 15 -
§ 7112. Cities of the second and third classes.
The qualified voters of each ward in a city of the second or
third class 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 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 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 shall vote
for and elect a properly qualified person for constable.
(2) 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
20090HB1607PN2295 - 16 -
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 of the county, except for special appointments in a
civil suit or proceeding, at the request and risk of the
20090HB1607PN2295 - 17 -
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 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 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
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."
20090HB1607PN2295 - 18 -
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
20090HB1607PN2295 - 19 -
to such office.
SUBCHAPTER E
TRAINING
Sec.
7141. Definitions.
7142. Conduct and insurance.
7143. Board established.
7144. Program established.
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.
20090HB1607PN2295 - 20 -
(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. 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
20090HB1607PN2295 - 21 -
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
20090HB1607PN2295 - 22 -
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 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'
20090HB1607PN2295 - 23 -
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.
20090HB1607PN2295 - 24 -
(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).
§ 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.
20090HB1607PN2295 - 25 -
§ 7147. (Reserved).
§ 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.--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 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
20090HB1607PN2295 - 26 -
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 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.
(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.
20090HB1607PN2295 - 27 -
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.
§ 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
20090HB1607PN2295 - 28 -
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
20090HB1607PN2295 - 29 -
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.
20090HB1607PN2295 - 30 -
(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
20090HB1607PN2295 - 31 -
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
20090HB1607PN2295 - 32 -
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
20090HB1607PN2295 - 33 -
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
20090HB1607PN2295 - 34 -
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.
SUBCHAPTER G
COMPENSATION
Sec.
7161. Fees.
7161.1. Specific fees.
7162. Returns.
7163. Election services.
7164. Impounding, selling and viewing fees.
7165. Seizure fees.
7166. Returns to court.
§ 7161. 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 occurs by a
mode other than motor vehicle, reimbursement shall be for the
vouchered travel expenses.
(b) Apportionment.--If more than one defendant is
transported simultaneously, reimbursements shall be for 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
20090HB1607PN2295 - 35 -
accompanied by a second constable or deputy constable who is
certified under section 7147 (relating to automatic
certification) to perform judicial duties. In those 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 the 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
20090HB1607PN2295 - 36 -
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, with a maximum $21 fee, plus mileage, plus
the cost of advertising.
(4) For selling goods levied, 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 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.
20090HB1607PN2295 - 37 -
(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 the 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 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,
20090HB1607PN2295 - 38 -
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
where 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.
§ 7161.1. Specific fees.
(a) Court appearances and returns.--For attendance on court
and making returns, the fees to be received by constables shall
be $2.50 per day.
20090HB1607PN2295 - 39 -
(b) Notices of election.--For serving notices of their
election upon township or borough officers, the fees to be
received by constables shall be $0.15 for each service.
(c) Juvenile matters.--Constables shall receive the same
fees for serving writs in juvenile cases as they receive for
similar services in criminal cases.
§ 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
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.
§ 7163. Election services.
For services performed under section 7152 (relating to
election services), the constables and deputies performing the
services shall receive the same compensation payable to
inspectors and clerks under section 412.2(a) of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code. The compensation shall be paid by the county and the sum
shall include pay for serving notices in writing to persons
elected at the election.
§ 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 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
20090HB1607PN2295 - 40 -
the damages shall be $1 for the first hour and $.50 per hour for
each hour necessarily engaged after the first hour.
§ 7165. Seizure fees.
(a) Registration plates and cards.--If constables and deputy
constables are delegated authority to seize registration plates
and registration cards under 75 Pa.C.S. § 1376(b)(5) (relating
to surrender of registration plates and cards upon suspension or
revocation), they shall be compensated by the department at the
rate of $15 for each registration plate and card jointly seized,
plus mileage. The department shall pay a constable or deputy
constable within 30 days after a documented request for payment
is submitted to it.
(b) Drivers' licenses.--If constables and deputy constables
are delegated authority to seize drivers' licenses under 75
Pa.C.S. § 1540(c)(1)(v) (relating to surrender of license), they
shall be compensated by the department at the rate of $15 for
each driver's license seized, plus mileage. The department shall
pay a constable or deputy constable within 30 days after a
documented request is submitted to it.
§ 7166. Returns to court.
(a) Scope.--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.
SUBCHAPTER H
PENALTIES AND REMEDIES
Sec.
20090HB1607PN2295 - 41 -
7171. Election notice in certain areas.
7172. Incompetence.
7173. Taxes.
7174. Action against security.
7175. Criminal penalty.
7176. Compensation violation.
7177. Failure to execute process.
7178. Failure to serve in a township.
§ 7171. Election notice in certain areas.
(a) Scope.--This section applies to wards, townships and
districts.
(b) Acting constables.--The acting constable shall, within
six days after the election for a constable, give notice in
writing to the elected individual of election to the office. An
acting constable who violates this subsection shall pay a civil
penalty of $16 to the Commonwealth.
(c) Elected constables.--An individual elected and notified
under subsection (b) shall appear on the next day that the court
of common pleas of the applicable judicial district is in
session and either decline or accept the office. A constable
elect who violates this subsection shall pay a civil penalty of
$16 to the Commonwealth.
(d) Court.--The applicable court of common pleas has the
authority to levy the penalty under subsection (b) or (c).
§ 7172. Incompetence.
(a) Inquiry.--A court of common pleas with competent
jurisdiction may inquire into the official conduct of the
constable if any of the following apply:
(1) A surety of the constable files a verified petition
alleging that the constable is incompetent to discharge
20090HB1607PN2295 - 42 -
official duties because of intemperence intemperance or <--
neglect of duty.
(2) Any person files a verified petition alleging that
the constable is incompetent to discharge official duties for
a reason other than intemperence intemperance or neglect of <--
duty. This paragraph includes an act of oppression of a
litigant or a witness.
(b) Determination.--If the court determines that the
constable is incompetent to discharge official duties, the
following apply:
(1) The court may:
(i) require additional security from the constable;
or
(ii) remove the constable from office.
(2) Upon removal under paragraph (1)(ii), the court may
appoint a suitable individual to fill the vacancy until a
successor is elected and qualified. The appointed individual
must have a freehold estate with at least $1,000 beyond
incumbrance or furnish security.
§ 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).
(3) The constable may not draw compensation until the
default is cured.
§ 7174. Action against security.
20090HB1607PN2295 - 43 -
(a) Scope.--This section applies to a constable subject to
all of the following:
(1) The constable has furnished security for the
faithful performance of the duties of office.
(2) The constable fails to perform the duties of office.
(3) One of the following subparagraphs applies:
(i) The constable leaves the country before a
judgment is entered on the failure under paragraph (2).
(ii) A judgment is entered against the constable for
failure under paragraph (2), and the judgment cannot be
paid.
(b) Procedure.--A court of competent jurisdiction may issue
a writ of scire facias and proceed against the security.
(c) Appeal.--A surety and a constable may appeal from a
judgment on a writ under subsection (b).
§ 7175. Criminal penalty.
A constable who neglects or refuses to perform the duties
under the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, commits a misdemeanor of the third
degree and shall, upon conviction, be sentenced to pay a fine of
$500 or to imprisonment for not less than one month nor more
than one year, or both.
§ 7176. Compensation violation.
A constable who violates the act of July 14, 1897 (P.L.206,
No.209), entitled "An act to regulate the remuneration of
policemen and constables employed as policemen throughout the
Commonwealth of Pennsylvania, and prohibiting them from charging
or accepting any fee or other compensation, in addition to their
salary, except as public rewards and mileage for traveling
expenses," commits a misdemeanor of the third degree and shall,
20090HB1607PN2295 - 44 -
upon conviction, be sentenced to pay a fine of $50 or to
imprisonment for not more than 30 days, or both.
§ 7177. Failure to execute process.
(a) Scope.--This section applies to a constable subject to
all of the following:
(1) The constable is entrusted with a the execution of a
process for the collection of money.
(2) The constable, by neglect of duty, fails to collect
the money.
(3) The constable's security is used to pay the money.
(b) Equitable interest.--The person that pays the security
under subsection (a)(3):
(1) has an equitable interest in the judgment; and
(2) may collect the judgment in the name of the party
that won the judgment.
§ 7178. Failure to serve in a township.
(a) Scope.--This section applies to an individual in a
township if all of the following circumstances exist:
(1) The individual is elected or appointed a constable.
(2) The individual has a freehold estate worth at least
$1,000.
(3) The individual fails to:
(i) serve; or
(ii) appoint a deputy to serve.
(b) Fine.--Except as set forth in subsection (c), an
individual under subsection (a) shall be fined $40 for the use
of the appropriate township.
(c) Exception.--Subsection (b) shall not apply to an
individual who:
(1) has served personally or by deputy in the office of
20090HB1607PN2295 - 45 -
constable of the same township within 15 years of election or
appointment; or
(2) has paid a fine under subsection (b) within 15 years
of election or appointment.
Section 3. Sections 1376(b)(5) and 1540(c)(1)(v) of Title 75
are amended to read:
§ 1376. Surrender of registration plates and cards upon
suspension or revocation.
* * *
(b) Delegation of authority.--If after 30 days from the mail
date of a notice of suspension or revocation, the registration
plates and cards are not surrendered under subsection (a), the
department may delegate authority to the following persons to
seize a registration plate and registration card which are
required to be surrendered under subsection (a):
* * *
(5) Constables or deputy constables. [If constables and
deputy constables are delegated authority to seize
registration plates and registration cards under this
section, they shall be compensated by the department at the
rate of $15 for each registration plate and card jointly
seized, plus mileage. The department shall pay a constable or
deputy constable within 30 days after a documented request
for payment is submitted to it.]
* * *
§ 1540. Surrender of license.
* * *
(c) Seizure of revoked, suspended, canceled or disqualified
licenses.--
(1) The department may delegate authority to the
20090HB1607PN2295 - 46 -
following persons to seize the driver's license of any person
whose driver's license has been ordered to be surrendered by
a court or district attorney or by the department:
* * *
(v) Constables or deputy constables. [If constables
and deputy constables are delegated authority to seize
drivers' licenses under this subsection, they shall be
compensated by the department at the rate of $15 for each
driver's license seized, plus mileage. The department
shall pay a constable or deputy constable within 30 days
after a documented request is submitted to it.]
* * *
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the addition of 44
Pa.C.S. Ch. 71 Subchs. A, B, C, D, F, G and H.
(2) The following acts and parts of acts are repealed to
the extent specified:
(i) Section 1 of the act of 1799 (3 Sm.L.2012 Ch.6),
entitled "A supplement to the act, entitled 'An act to
extend the powers of the justices of the peace of this
state,'" absolutely.
(ii) Sections 12 and 19 of the act of March 20, 1810
(P.L.208, No.132), entitled "An act to amend and
consolidate with its Supplements, the Act entitled 'An
act for the recovery of debts and demands, not exceeding
one hundred dollars, before a Justice of the Peace, and
for the election of Constables, and for other purposes,"
absolutely.
(iii) Section 3 of the act of April 24, 1829
20090HB1607PN2295 - 47 -
(P.L.369, No.216), entitled "A further supplement to the
act entitled An act to amend and consolidate with its
supplements, the act entitled An act for the recovery of
debts and demands not exceeding one hundred dollars
before a justice of the peace, and for the election of
constables, and for other purposes," absolutely.
(iv) Sections 107, 108, 109, 110, 111, 112, 113 and
114 of the act of April 15, 1834 (P.L.537, No.247),
entitled "An act relating to counties and townships, and
county and township officers," absolutely.
(v) Section 12 of the act of October 13, 1840
(Special Session 1, P.L. 1, No.258).
(vi) Section 14 of the act of May 27, 1841 (P.L.400,
No.141), entitled "An act relating to the Election of
County Treasurers, and for other purposes," absolutely.
(vii) Section 19 of the act of April 22, 1850
(P.L.549, No.342), entitled "A supplement to an act,
entitled 'An Act to prevent waste in certain cases within
this commonwealth,' passed the twenty-ninth day of March,
one thousand eight hundred and twenty-two; to land and
building associations; giving the court of Susquehanna
county jurisdiction in a certain case; relative to the
service of process in certain cases; to party walls in
West Philadelphia; to the proof of a certain will; to the
sale and purchase of certain burial grounds in
Philadelphia; to the laying of gas pipes in the district
of Moyamensing; to the release of certain sureties in
Erie county; to the State Lunatic hospital; relative to
the service of process against sheriffs; to the rights of
married women; to ground rents; and relating to foreign
20090HB1607PN2295 - 48 -
insurance companies," absolutely.
(viii) Section 15 of the act of April 21, 1855
(P.L.264, No.281), entitled "A supplement to the act
Consolidating the city of Philadelphia," absolutely.
(ix) Section 17 of the act of April 21, 1855
(P.L.264, No.281), as to constables.
(x) Section 1 of the act of May 3, 1876 (P.L.99,
No.67), entitled "An act regulating procedure for
violation of ordinances of cities of the first class," as
to constables.
(xi) Section 1 of the act of February 12, 1889
(P.L.3, No.1), entitled "An act to provide for the
commencement of the terms of office of councilmen,
constables and school directors in new wards, when
erected in cities of the first class under existing laws
and where the several wards constitute separate school
districts, to provide for the supervision of the public
schools in such new wards until the organization of the
board of school directors of the new school section, and
to provide for the term of councilmen and constables
already elected by the voters of the old ward," as to
constables.
(xii) Section 1 of the act of February 14, 1889
(P.L.6, No.5), entitled "An act to authorize the election
of constables for three years," absolutely.
(xiii) Section 1 of the act of May 4, 1889 (P.L.83,
No.79), entitled "An act to authorize the election of
constables for three years in cities of the second and
third class," absolutely.
(xiv) Section 1 of the act of April 29, 1897
20090HB1607PN2295 - 49 -
(P.L.29, No.25), entitled "An act to authorize constables
and other peace officers, without first procuring a
warrant, to arrest persons reasonably suspected by them
of offending against the laws protecting timber lands,"
absolutely.
(xv) Section 1 of the act of June 4, 1897 (P.L.121,
No.101), entitled "An act relating to boroughs, providing
a method of procedure for violations of law and borough
ordinances, and for the collection of the fines and
penalties imposed for said violations," as to constables.
(xvi) Section 2 of the act of July 14, 1897
(P.L.266, No.209), entitled "An act to regulate the
remuneration of policemen and constables employed as
policemen throughout the Commonwealth of Pennsylvania,
and prohibiting them from charging or accepting any fee
or other compensation, in addition to their salary,
except as public rewards and mileage for traveling
expenses," absolutely.
(xvii) Section 3 of the act of July 14, 1897
(P.L.266, No.209), as to constables.
(xviii) Section 1 of the act of April 25, 1905
(P.L.309, No.214), entitled "An act authorizing policemen
to hold and exercise the office of constables,"
absolutely.
(xix) Section 1 of the act of April 23, 1909
(P.L.151, No.104), entitled "An act fixing the fees to be
received by constables in this Commonwealth," absolutely.
(xx) Section 1 of the act of June 9, 1911 (P.L.727,
No.299), entitled "An act authorizing the election in
first class townships of an additional constable, and
20090HB1607PN2295 - 50 -
fixing his term," absolutely.
(xxi) Section 1 of the act of June 19, 1913
(P.L.534, No.342), entitled "An act relating to
appointment of deputy constables," absolutely.
(xxii) Sections 1, 2 and 3 of the act of May 31,
1919 (P.L.357, No.171), entitled "An act relating to the
duties of constables in certain counties; prohibiting
them from making returns to the court of quarter sessions
in certain cases; authorizing the court to direct
investigations and reports by constables, and fixing
their compensation in such cases," absolutely.
(xxiii) 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," absolutely.
(xxiv) Section 1 of the act of April 6, 1925
(P.L.155, No.113), entitled "An act providing constables'
fees for service of writs in juvenile cases," absolutely.
20090HB1607PN2295 - 51 -
(xxv) Section 1 of the act of March 20, 1929
(P.L.32, No.32), entitled "An act providing for the
filling of vacancies in the office of constable in any
borough, town, ward of any city, borough, or town or
township of this Commonwealth," absolutely.
(xxvi) Sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the
act of June 10, 1931 (P.L.492, No.156), entitled "An act
relating to the trespassing of live stock on improved
lands; providing for the taking up, impounding and sale
thereof; imposing duties on and fixing the fees of
constables, justices of the peace, and viewers appointed
in connection therewith; prescribing the procedure for
repossession by the owner thereof; providing for the
fixing and taxing of costs, including attorneys' fees;
and repealing inconsistent legislation," absolutely.
(xxvii) Section 1 of the act of February 28, 1933
(P.L.5, No.3), entitled "An act relating to constables'
returns to the court of quarter sessions," absolutely.
(xxviii) Section 412.2(g) of the act of June 3, 1937
(P.L.1333, No.320), entitled "An act concerning
elections, including general, municipal, special and
primary elections, the nomination of candidates, primary
and election expenses and election contests; creating and
defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and
codifying, revising and consolidating the laws relating
thereto; and repealing certain acts and parts of acts
relating to elections," absolutely.
20090HB1607PN2295 - 52 -
(xxix) The first two sentences of section 1207 of
the act of June 3, 1937 (P.L.1333, No.320), absolutely.
(xxx) Section 1822 of the act of June 3, 1937
(P.L.1333, No.320), absolutely.
(xxxi) Section 1 of the act of May 26, 1943
(P.L.637. No.280), entitled "An act providing that the
terms of constables hereafter elected in cities of the
second, second class A and third classes, boroughs and
townships, shall be for six years," absolutely.
(xxxii) Section 1 of the act of April 3, 1955 (1956
P.L.1382, No.441), entitled "An act making the offices of
constable and justice of the peace or alderman
incompatible," absolutely.
(xxxiii) Section 1126 of the act of February 1, 1966
(1965 P.L.1656, No.581), entitled "An act concerning
boroughs, and revising, amending and consolidating the
law relating to boroughs," absolutely.
(xxxiv) Section 1 of the act of February 2, 1970
(P.L.2, No.2), entitled "An act abolishing the office of
constable in the City of Philadelphia and providing for
the performance of duties under The Landlord and Tenant
Act of 1951," absolutely.
(xxxv) Sections 1 and 2 of the act of June 29, 1976
(P.L.475, No.121), entitled "An act clarifying the powers
of constables, county detectives, sheriffs, deputy
sheriffs, waterways patrolmen and game protectors," as to
constables.
(xxxvi) Section 10 of the act of October 4, 1978
(P.L.883, No.170), entitled "An act relating to conflicts
of interest involving certain public officials serving in
20090HB1607PN2295 - 53 -
State or State agencies and local political subdivision
positions and prohibiting certain public employees from
engaging in certain conflict of interest activities
requiring certain disclosures and providing penalties,"
absolutely.
(3) All acts and parts of acts are repealed insofar as
they are inconsistent with this act.
Section 5. The General Assembly finds and declares as
follows:
(1) The addition of 44 Pa.C.S. Ch. 71 Subchs. A, B, C,
D, F, G and H is a continuation of the statutory provisions
repealed in section 4(2) of this act. The following apply:
(i) Except as otherwise provided in 44 Pa.C.S. Ch.
71, all activities initiated under the statutory
provisions repealed in section 4(2) of this act shall
continue and remain in full force and effect and may be
completed under 44 Pa.C.S. Ch. 71. Orders, regulations,
rules and decisions which were made under the statutory
provisions set forth in section 4(2) of this act and
which are in effect on the effective date of 4(2) of this
act shall remain in full force and effect until revoked,
vacated or modified under 44 Pa.C.S. Ch. 71. Contracts,
obligations and collective bargaining agreements entered
into under the statutory provisions repealed in section
4(2) of this act are not affected nor impaired by the
repeal in section 4(2) of this act.
(ii) Except as set forth in subparagraph (iii), any
difference in language between 44 Pa.C.S. Ch. 71 Subchs.
A, B, C, D, F and G and the statutory provisions repealed
in section 4(2) of this act is intended only to conform
20090HB1607PN2295 - 54 -
to the style of the Pennsylvania Consolidated Statutes
and is not intended to change or affect the legislative
intent, judicial construction or administration and
implementation of the statutory provisions repealed in
section 4(2) of this act.
(iii) Subparagraph (ii) does not apply to any of the
following provisions of Title 44:
(A) Section 7112.
(B) Section 7113.
(C) Section 7114(a).
(D) Section 7143(h).
(E) Section 7148(b).
(F) Section 7149(b).
(G) Section 7151.
(2) The provisions on constable training have been
transferred from former 42 Pa.C.S. §§ 2941 through 2949 to 44
Pa.C.S. Ch. 71 Subch. E. Revisions have been made in 44
Pa.C.S. §§ 7143(h), 7148(b) and 7149(b). Except as otherwise
provided in 44 Pa.C.S. Ch. 71, all activities initiated under
former 42 Pa.C.S. §§ 2941 through 2949 shall continue and
remain in full force and effect and may be completed under 44
Pa.C.S. Ch. 71 Subch. E. Orders, regulations, rules and
decisions which were made under former 42 Pa.C.S. §§ 2941
through 2949 and which are in effect on the effective date of
section 1 (42 Pa.C.S. §§ 2941 through 2949) of this act shall
remain in full force and effect until revoked, vacated or
modified under 44 Pa.C.S. Ch. 71 Subch. E. Contracts,
obligations and collective bargaining agreements entered into
under former 42 Pa.C.S. §§ 2941 through 2949 and which are in
effect on the effective date of section 1 (42 Pa.C.S. §§ 2941
20090HB1607PN2295 - 55 -
through 2949) of this act are not affected nor impaired by
section 1 (42 Pa.C.S. §§ 2941 through 2949) of this act.
(3) Provisions on constable fees have been transferred
from 42 Pa.C.S. § 2950 to 44 Pa.C.S. § 7161. Except as
otherwise provided in 44 Pa.C.S. § 7161, all activities
initiated under former 42 Pa.C.S. § 2950 shall continue and
remain in full force and effect and may be completed under 44
Pa.C.S. § 7161. Orders, regulations, rules and decisions
which were made under former 42 Pa.C.S. § 2950 and which are
in effect on the effective date of section 1 (42 Pa.C.S. §
2950) of this act shall remain in full force and effect until
revoked, vacated or modified under 44 Pa.C.S. § 7161.
Contracts, obligations and collective bargaining agreements
entered into under former 42 Pa.C.S. § 2950 and which are in
effect on the effective date of section 1 (42 Pa.C.S. § 2950)
of this act are not affected nor impaired by section 1 (42
Pa.C.S. § 2950) of this act.
Section 6. This act shall take effect in 60 days.
20090HB1607PN2295 - 56 -