PRINTER'S NO. 4170

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2968 Session of 1996


        INTRODUCED BY HANNA, SAYLOR, HERSHEY, WOGAN, HALUSKA, TRELLO,
           MERRY AND SHANER, OCTOBER 10, 1996

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 10, 1996

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     verdicts and preemptory challenges in criminal cases.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding sections to read:
     8  § 8703.  Verdicts.
     9     In a criminal case, the verdict shall require a majority of
    10  no less than ten votes and shall be announced by the foreman in
    11  open court in the presence of a judge, the attorney for the
    12  Commonwealth, the defendant and the defendant's attorney, except
    13  as provided in Pa.R.Crim.P. No. 1117 (relating to presence of
    14  the defendant).
    15  § 8704.  Preemptory challenges.
    16     (a)  General rule.--In trials involving a capital felony and
    17  where there is only one defendant, the Commonwealth and the
    18  defendant shall each be entitled to ten preemptory challenges.

     1     (b)  Definition.--As used in this section, the term "capital
     2  felony" means a felony for which the death penalty may be
     3  imposed.
     4     Section 2.  This act shall take effect in 60 days.


















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