SENATE AMENDED PRIOR PRINTER'S NOS. 3388, 3691 PRINTER'S NO. 4342
No. 2343 Session of 2008
INTRODUCED BY COSTA, CALTAGIRONE, FRANKEL, COHEN, DALEY, GOODMAN, JOSEPHS, MANN, K. SMITH, WALKO, KOTIK, BENNINGHOFF, BOYD, CAPPELLI, CARROLL, CONKLIN, GEIST, HARKINS, HELM, HENNESSEY, LONGIETTI, MYERS, M. O'BRIEN, PEIFER, PYLE, SEIP, M. SMITH, STERN, J. WHITE, WOJNAROSKI, YOUNGBLOOD, MURT, PALLONE, FREEMAN AND DENLINGER, MARCH 10, 2008
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, SEPTEMBER 17, 2008
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing for persons 3 qualified to solemnize marriages. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 1503 of Title 23 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 1503. Persons qualified to solemnize marriages. 9 (a) General rule.--The following are authorized to solemnize 10 marriages between persons that produce a marriage license issued 11 under this part: 12 (1) A justice, judge or magisterial district judge of 13 this Commonwealth. 14 (2) A former or retired justice, judge or magisterial 15 district judge of this Commonwealth who is serving as a
1 senior judge or senior magisterial district judge as provided 2 or prescribed by law[.]; or not serving as a senior judge or 3 senior magisterial district judge but meets the following 4 criteria: 5 (i) has served as a magisterial district judge, 6 judge or justice, whether or not continuously or on the 7 same court, by election or appointment for an aggregate 8 period equaling a full term of office; 9 (ii) has not been defeated for reelection or 10 retention; 11 (iii) has not been convicted of, pleaded nolo 12 contendere to, agreed to an Accelerated Rehabilitative 13 Disposition or other probation without verdict program 14 relative to any misdemeanor or felony offense under the 15 laws of this Commonwealth or an equivalent offense under 16 the laws of the United States or one of its territories 17 or possessions, another state, the District of Columbia, 18 the Commonwealth of Puerto Rico or a foreign nation; 19 (iv) has not resigned a judicial commission to avoid 20 having charges filed or to avoid prosecution by Federal, 21 State or local law enforcement agencies or by the 22 Judicial Conduct Board; 23 (v) has not been removed from office by the Court of 24 Judicial Discipline; and 25 (vi) is a resident of this Commonwealth. 26 (3) An active or senior judge or full-time magistrate of 27 the District Courts of the United States for the Eastern, 28 Middle or Western District of Pennsylvania. 29 (3.1) An active, retired or senior bankruptcy judge of 30 the United States Bankruptcy Courts for the Eastern, Middle 20080H2343B4342 - 2 -
1 or Western District of Pennsylvania who is a resident of this 2 Commonwealth. 3 (4) An active, retired or senior judge of the United 4 States Court of Appeals for the Third Circuit who is a 5 resident of this Commonwealth. 6 (5) A mayor of any city or borough of this Commonwealth. 7 (6) A minister, priest or rabbi of any regularly 8 established church or congregation. 9 (7) A representative or officer of a federally or State- <-- 10 recognized Indian Nation or Tribe who has been ordained or is 11 authorized to solemnize marriages in accordance with the 12 rules and customs of the Indian Nation or Tribe. 13 (b) Religious organizations.--Every religious society, 14 religious institution or religious organization in this 15 Commonwealth may join persons together in marriage when at least 16 one of the persons is a member of the society, institution or 17 organization, according to the rules and customs of the society, 18 institution or organization. 19 (c) Marriage license needed to officiate.--No person or 20 religious organization qualified to perform marriages shall 21 officiate at a marriage ceremony without the parties having 22 obtained a marriage license issued under this part. 23 Section 2. This act shall take effect immediately. A30L23RLE/20080H2343B4342 - 3 -