PRINTER'S NO. 3785
No. 2607 Session of 2002
INTRODUCED BY BISHOP, LEDERER, BARD, CREIGHTON, CURRY, CRUZ,
THOMAS, JOSEPHS, DeWEESE, DIVEN, SHANER, J. WILLIAMS,
KIRKLAND, ROBINSON, WASHINGTON, MELIO, HARHAI, WATERS, JAMES,
LAUGHLIN AND PALLONE, APRIL 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 Traffic Court of Philadelphia, for Sentencing Code
4 definitions and for sentencing generally.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1321, 9702 and 9721(e) of Title 42 of
8 the Pennsylvania Consolidated Statutes are amended to read:
9 § 1321. Traffic Court of Philadelphia.
10 The Traffic Court of Philadelphia shall be a court [not] of
11 record and shall consist of seven judges. The court is
12 established for the City and County of Philadelphia.
13 § 9702. Definitions.
14 [As used in this chapter "court" and "judge" include] The
15 following words and phrases when used in this chapter shall have
16 the meanings given to them in this section unless the context
17 clearly indicates otherwise:
18 "Court." Includes (when exercising criminal or quasi-
1 criminal jurisdiction pursuant to section 1515 (relating to
2 jurisdiction and venue)) a district justice.
3 "Dependent individual." An individual who, because of age,
4 physical condition, mental condition or emotional condition, is
5 unable to function normally without daily assistance from
6 another individual.
7 "Judge." Includes (when exercising criminal or quasi-
8 criminal jurisdiction pursuant to section 1515 (relating to
9 jurisdiction and venue)) a district justice.
10 § 9721. Sentencing generally.
11 * * *
12 (e) Term of imprisonment.--
13 (1) All sentences of imprisonment imposed under this
14 chapter shall be for a definite term.
15 (2) If a defendant is the sole source of daily
16 assistance for a dependent individual, a term of imprisonment
17 shall not begin until the court has been satisfied that there
18 is alternative care for the dependent individual.
19 Section 2. The addition of 42 Pa.C.S. § 9721(e)(2) shall
20 apply to terms of imprisonment which commence on or after the
21 effective date of this section, regardless of when the sentence
22 is imposed.
23 Section 3. This act shall take effect in 60 days.
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