PRINTER'S NO. 1156
No. 1014 Session of 1989
INTRODUCED BY KOSINSKI, CALTAGIRONE, PHILLIPS, JADLOWIEC, HESS,
MORRIS, STABACK, MRKONIC, CAWLEY, BILLOW, OLASZ, PRESSMANN,
MELIO, BATTISTO, PRESTON, BELFANTI, WOGAN, FOX, GODSHALL,
SERAFINI, PERZEL, MERRY, FAIRCHILD, FARGO, LASHINGER AND LEE,
APRIL 5, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, extending contempt of
3 court powers to district justices and judges of the Traffic
4 Court of Philadelphia and clarifying subpoena powers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding sections to read:
9 § 4137. Contempt powers of district justices.
10 (a) General rule.--Except as provided in subsection (b) or
11 (c), district justices shall have the power to inflict summary
12 punishments for contempts of court in the case of the
13 misbehavior of any person in the presence of the court, thereby
14 obstructing the administration of justice, or for failure of a
15 person to obey lawful process in the nature of a subpoena. A
16 district justice shall have the power to issue an attachment by
17 means of a warrant and conduct a hearing to determine the facts.
1 (b) Limitation.--The power of contempt shall not include
2 system and related personnel, attorneys or law enforcement
3 officers.
4 (c) Stay of contempt conviction.--Any punishment imposed by
5 a district justice for contempt under subsection (a) shall be
6 stayed for a period of ten days from the date of imposition of
7 the punishment to allow the offender to appeal to the court of
8 common pleas of the judicial district, or until disposition of
9 the appeal, whichever is later.
10 (d) Punishment.--Except as otherwise provided in this title
11 or by statute hereafter enacted, punishment for a contempt
12 specified in subsection (a) may be by fine not exceeding $100 or
13 by imprisonment not exceeding ten days in the jail of the county
14 where the district justice is sitting, or both, in the
15 discretion of the district justice.
16 § 4138. Contempt powers of Traffic Court of Philadelphia.
17 (a) General rule.--Except as provided in subsection (b) or
18 (c), the Traffic Court shall have the power to inflict summary
19 punishments for contempts of court in the case of the
20 misbehavior of any person in the presence of the court, thereby
21 obstructing the administration of justice, or for failure of a
22 person to obey lawful process in the nature of a subpoena. The
23 Traffic Court shall have the power to issue an attachment by
24 means of a warrant and conduct a hearing to determine the facts.
25 (b) Limitation.--The power of contempt shall not include
26 system and related personnel, attorneys or law enforcement
27 officers.
28 (c) Stay of contempt conviction.--Any punishment imposed by
29 the Traffic Court for contempt under subsection (a) shall be
30 stayed for a period of ten days from the date of imposition of
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1 the punishment to allow the offender to appeal to the court of
2 common pleas of the judicial district, or until disposition of
3 the appeal, whichever is later.
4 (d) Punishment.--Except as otherwise provided in this title
5 or by statute hereafter enacted, punishment for a contempt
6 specified in subsection (a) may be by fine not exceeding $100 or
7 by imprisonment not exceeding ten days in the jail of the county
8 where the Traffic Court is located, or both, in the discretion
9 of the Traffic Court.
10 Section 2. This act shall take effect in 60 days.
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