An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in constables, further providing for townships, providing for bond, further providing for police officers, providing for bail bond enforcement agent, for professional bondsman, for debt collection, for other incompatible employment, for disqualification and for nepotism, further providing for conduct and insurance, for program established, for program contents, for restricted account and for general imposition of duties and grant of powers, providing for constabulary badge and uniform, repealing provisions relating to arrest of offenders against forest laws, further providing for executions, for arrest in boroughs, for fees and for specific fees, repealing provisions relating to impounding, selling and viewing fees, further providing for seizure fees, for election notice in certain areas, for incompetence and for compensation violation, repealing provisions relating to failure to serve in a township and providing for oversight; authorizing county constabulary review boards; imposing duties on the Pennsylvania Commission on Crime and Delinquency; and imposing penalties.

PRINTER'S NO. 1874
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1579
Session of
2025
INTRODUCED BY T. JONES, PROKOPIAK, JAMES, MARCELL, TOMLINSON,
LABS, SANCHEZ, KRUPA AND ZIMMERMAN, JUNE 9, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 9, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in constables, further providing for
townships, providing for bond, further providing for police
officers, providing for bail bond enforcement agent, for
professional bondsman, for debt collection, for other
incompatible employment, for disqualification and for
nepotism, further providing for conduct and insurance, for
program established, for program contents, for restricted
account and for general imposition of duties and grant of
powers, providing for constabulary badge and uniform,
repealing provisions relating to arrest of offenders against
forest laws, further providing for executions, for arrest in
boroughs, for fees and for specific fees, repealing
provisions relating to impounding, selling and viewing fees,
further providing for seizure fees, for election notice in
certain areas, for incompetence and for compensation
violation, repealing provisions relating to failure to serve
in a township and providing for oversight; authorizing county
constabulary review boards; imposing duties on the
Pennsylvania Commission on Crime and Delinquency; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7114 of Title 44 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7114. Townships.
[(a) Election.--]The following shall apply:
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(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
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.]
Section 2. Title 44 is amended by adding a section to read:
§ 7115. Bond.
The bond given by a constable shall be in a commercially
available sum not less than $1,000 nor more than $5,000, as the
court shall direct, and shall be taken by the clerk of the court
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
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same purposes and uses as a sheriff's bond.
Section 3. Section 7132 of Title 44 is amended to read:
§ 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 or deputy constable for
traveling expenses, [and except as provided in subsection (b),
it is unlawful for] a constable or deputy constable who is also
employed as a [policeman to] police officer may not charge or
accept a fee or other compensation, other than [his] the salary
as a [policeman] police officer, for services rendered or
performed pertaining to [his] the office or duties as a
[policeman or constable.] police officer, constable or deputy
constable. Reimbursement for mileage is not payable to a
constable or deputy constable for travel within the municipality
if the constable or deputy constable is also employed as a
police officer.
[(b) Exception.--Unless prevented from doing so by the
operation of 8 Pa.C.S. Ch. 11 Subch. J (relating to civil
service for police and fire apparatus operators), 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 to such
office.]
Section 4. Title 44 is amended by adding sections to read:
§ 7133. Bail bond enforcement agent.
(a) General rule.--
(1) Unless separately licensed within this Commonwealth
as a bail bond enforcement agent and except as provided in
subsection (b), a constable or deputy constable may not
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recapture suspects who are released on bail.
(2) If separately licensed within this Commonwealth as a
bail bond enforcement agent, a constable or deputy constable
recapturing suspects released on bail shall comply with all
statutes and regulations governing bail bond enforcement
agents.
(b) Exception.--Regardless of licensure as a bail bond
enforcement agent, a constable or deputy constable may execute a
warrant of arrest issued for an individual released on bail.
§ 7134. Professional bondsman.
A constable or deputy constable may not engage in or continue
to engage in business as a professional bondsman.
§ 7135. Debt collection.
(a) Debt collector.--Except when engaged under judicial or
other civil process, a constable or deputy constable may not
enforce, collect, settle, adjust or compromise claims on behalf
of a creditor or collection agency.
(b) Collector-repossessor.--
(1) Unless regularly employed by an installment seller
or sales finance company, a constable or deputy constable may
not collect a payment on an installment sale contract or
repossess a motor vehicle that is the subject of an
installment sale contract.
(2) When collecting a payment or repossessing a motor
vehicle as regularly employed individuals, constables and
deputy constables may not hold themselves out to be
constables and deputy constables.
(3) A constable or deputy constable who is authorized as
a regularly employed individual to collect a payment or
repossess a motor vehicle may not independently contract to
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perform the same or similar services as a constable or deputy
constable.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Claim." As defined in 18 Pa.C.S. § 7311(h) (relating to
unlawful collection agency practices).
"Collection agency." As defined in 18 Pa.C.S. § 7311(h).
"Creditor." As defined in 18 Pa.C.S. § 7311(h).
"Installment sale contract." As defined in 12 Pa.C.S. § 6202
(relating to definitions).
"Installment seller." As defined in 12 Pa.C.S. § 6202.
"Motor vehicle." As defined in 12 Pa.C.S. § 6202.
"Sales finance company." As defined in 12 Pa.C.S. § 6202.
§ 7136. Other incompatible employment.
A constable or deputy constable may not accept employment or
continue to remain employed in any of the following capacities:
(1) A railroad or street railway police officer
appointed under 22 Pa.C.S. § 3301 (relating to appointment).
(2) A private detective as defined by section 2(c) of
The Private Detective Act of 1953.
§ 7137. Disqualification.
(a) Ineligibility.--An individual is ineligible to serve as
a constable or deputy constable if the individual:
(1) was convicted of an offense graded as a felony;
(2) was convicted of an offense that requires the
individual to register under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders) or I (relating
to continued registration of sexual offenders);
(3) was convicted of an offense under 18 Pa.C.S. Ch. 39
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(relating to theft and related offenses), if graded as a
misdemeanor of the second degree or higher; or
(4) was convicted of driving under the influence of
alcohol or controlled substance as provided in 75 Pa.C.S. §
3802 (relating to driving under influence of alcohol or
controlled substance) on two or more occasions within a 10-
year period.
(b) Certification.--The Constables' Education and Training
Board may not certify a constable or deputy constable under
section 7144(9) (relating to program established) who is
disqualified under subsection (a). To comply with this section,
the Constables' Education and Training Board shall check
criminal history record information under 18 Pa.C.S. Ch. 91
(relating to criminal history record information).
§ 7138. Nepotism.
(a) Magisterial district judge.--A magisterial district
judge may not request services from and may not assign work to a
constable or deputy constable who is a family member or
household member of the magisterial district judge or of a staff
member of the magisterial district judge.
(b) Constable or deputy constable.--A constable or deputy
constable may not perform work for or accept an assignment from
a magisterial district judge if the constable or deputy
constable is a family member or household member of the
magisterial district judge or of a staff member of the
magisterial district judge.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Family member or household member." A spouse, parent,
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sibling, aunt, uncle, niece, nephew, cousin, grandparent,
grandchild or member of the same household.
Section 5. Sections 7142(b) and (c), 7144(12), 7145, 7149(a)
and (b) and 7151 of Title 44 are amended to read:
§ 7142. Conduct and insurance.
* * *
(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] $500,000 per
incident and a minimum aggregate of [$500,000] $750,000 per
year. The Constables' Education and Training Board shall
[immediately] recurrently 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. A fee earned prior to loss of certification remains
payable to the constable or deputy constable.
* * *
§ 7144. Program established.
The board, with the review and approval of the commission,
shall:
* * *
(12) Make an annual report to the Governor and to the
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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.
(v) The availability of insurance.
§ 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).]
(a) Hours and content generally.--The Constables' Education
and Training Program shall include a minimum of 80 hours to a
maximum of 120 hours of training for newly elected constables
and deputy constables. Except as provided in subsection (b), the
training content shall be determined by regulation.
(b) Subjects.-- The training under this section shall include
instruction in the following subjects:
(1) The interpretation and application of the fees
provided for in section 7161 (relating to fees).
(2) The rules and regulations governing the proper use
of an emergency vehicle, as that term is defined in 75
Pa.C.S. § 102 (relating to definitions).
(3) Constable arrest powers.
(4) The use of force in law enforcement.
(5) First aid training, including cardiopulmonary
resuscitation education.
(6) Control tactics, including:
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(i) The mechanics of arrest, restraint and control.
(ii) Less lethal weapon familiarization.
(iii) The transport of detainees.
(iv) In-custody risks.
(c) Completion.--
(1) A constable or deputy constable shall have two years
to complete training under this section.
(2) A constable or deputy constable who fails to meet
the training requirements established under this section
shall be ineligible to receive any salary, compensation or
other consideration or thing of value for the performance of
duties as a constable or deputy constable.
(d) Reduction of hours.--The Constables' Education and
Training Program may reduce the hours of education and training
required in this section if the constable or deputy constable,
because of prior education, training or experience, has acquired
knowledge or skill equivalent to that provided by the program.
§ 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
subchapter and as provided under subsection (f). The Constables'
Education and Training Account shall also be used to pay the
costs associated with the county constabulary review boards
established under section 7179(b) (relating to oversight).
(b) Surcharge.--There is assessed as a cost in each case
before a magisterial district judge a surcharge of [$5] $10 per
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docket number in each criminal case and [$5] $10 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.
* * *
§ 7151. General imposition of duties and grant of powers.
Constables and deputy constables shall perform all duties
authorized or imposed on them by statute.
Section 6. Title 44 is amended by adding a section to read:
§ 7151.1. Constabulary badge and uniform.
(a) Requirements.--When performing or attempting to perform
a duty authorized by this chapter, a constable or deputy
constable shall:
(1) Wear a police-style uniform or other clothing that
clearly and conspicuously identifies the individual as a
constable or deputy constable.
(2) Carry a constabulary badge.
(b) Uniform.--
(1) If a constable or deputy constable is wearing
clothing that clearly and conspicuously identifies the
individual as a constable or deputy constable, the writing on
at least one article of the clothing must clearly and
conspicuously state "constable" or "deputy constable" and may
not exclusively state "police."
(2) When a constable or deputy constable is working with
and accompanied by a second constable or a deputy, only one
individual is required to wear a uniform or other clothing
clearly and conspicuously identifying the individual as a
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constable or deputy constable.
(c) Regulation.--By regulation, the Pennsylvania Commission
on Crime and Delinquency may establish standards for uniform or
other clothing consistent with this section.
(d) Identification card.--Upon the successful completion of
the training required under section 7145 (relating to program
contents), the Pennsylvania Commission on Crime and Delinquency
shall issue a constable or deputy constable an identification
card containing the following information:
(1) A distinguishing number assigned by the Pennsylvania
Commission on Crime and Delinquency to certified constables
or deputy constables.
(2) The name of the constable or deputy constable.
(3) A color photograph or photographic facsimile of the
constable or deputy constable.
(4) Other information as may be required by the
Pennsylvania Commission on Crime and Delinquency.
(e) Clothing.--A constable or deputy constable may not wear
a police-style uniform or other clothing that clearly and
conspicuously identifies the individual as a constable or deputy
constable or display a constabulary badge under this section if
the constable or deputy constable is performing duties or
services as a security guard employed by a patrol agency as
defined by section 2(e) of the act of August 21, 1953 (P.L.1273,
No.361), known as The Private Detective Act of 1953.
Section 7. Section 7155 of Title 44 is repealed:
[§ 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
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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.]
Section 8. Sections 7156(b) and 7158 of Title 44 are amended
to read:
§ 7156. Executions.
* * *
(b) Invalid returns.--If a constable or deputy constable
makes a false return, does not produce the plaintiff's receipt
on the return day or makes a return deemed insufficient by the
magisterial district judge, the magisterial district judge shall
issue a summons to the constable or deputy 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 or deputy constable
for the amount of the writ of execution under subsection (a). If
the constable or deputy constable does not appear or does not
show sufficient cause why the writ of execution should not be
issued against [him] the constable or deputy constable, the
magisterial district judge shall enter judgment against the
constable or deputy 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] the plaintiff's 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] $25. If an
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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 or deputy constable resides, who shall serve
the summons or pay a penalty of [$20] $25.
* * *
§ 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.] Arrest powers.
(a) Authorization.--If probable cause exists, a readily
identifiable constable or deputy constable may, without warrant
and upon view, arrest and commit for hearing an individual who:
(1) engages in conduct prohibited under 18 Pa.C.S. §
5503 (relating to disorderly conduct);
(2) attempts to cause or intentionally, knowingly or
recklessly causes bodily injury to another individual;
(3) communicates, either directly or indirectly, a
threat to commit a crime of violence with intent to terrorize
another individual;
(4) recklessly engages in conduct that places or may
place another individual in danger of death or serious bodily
injury; or
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(5) violates an ordinance for which a fine or penalty is
imposed.
(b) Fee.--A fee is not payable for the effectuation of a
warrantless arrest under this section.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Bodily injury." As defined in 18 Pa.C.S. § 2301 (relating
to definitions).
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
"Readily identifiable constable or deputy constable." A
constable or deputy constable who:
(1) is wearing a uniform or other clothing and carrying
a badge as required by section 7151.1 (relating to
constabulary badge and uniform); and
(2) makes a reasonable effort to identify as a constable
or deputy constable.
"Serious bodily injury." As defined in 18 Pa.C.S. § 2301.
Section 9. Section 7161(a), (e), (f), (g) and (h) of Title
44 are amended and the section is amended by adding a subsection
to read:
§ 7161. Fees.
(a) Travel or mileage.--
(1) Actual mileage for travel by motor vehicle shall be
reimbursed at a rate equal to the highest rate allowed by the
Internal Revenue Service.
(2) Actual mileage for travel by motor vehicle is
reimbursable for distances equaling or exceeding one mile.
(3) If travel occurs by a mode other than motor vehicle,
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reimbursement shall be for the vouchered travel expenses.
* * *
(e) Payment.--All civil, landlord-tenant and criminal fees
shall be paid by the court to the constable or deputy 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] $20,
plus [$5] $10 for each additional defendant at the same
address, [$2.50] $5 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] $125, plus mileage.
(3) For advertising personal property for public sale,
[$7] $10 per posting, with a maximum [$21] $30 fee, plus
mileage, plus the cost of advertising.
(4) For selling goods levied, receipts and returns to
court, [$85] $125, plus mileage.
(5) For making return of not found, [$13] $20, plus
mileage. Payment shall be limited to three returns of not
found.
(6) For executing order of possession, [$13] $20, plus
[$5] $10 for each additional defendant at the same address,
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[$2.50] $5 for each return of service, plus mileage.
(7) For ejectment, [$90, $2.50] $150, $5 for each return
of service, plus mileage.
(8) For making any return of service other than not
found, [$2.50] $5 each.
(9) For providing courtroom security as ordered[, $13]
by a magisterial district judge, $25 per hour, assessed
against one or more parties as determined by the court.
(10) (i) Actual mileage for travel by motor vehicle
shall be reimbursed at the rate equal to the highest rate
allowed by the Internal Revenue Service.
(ii) Actual mileage for travel by motor vehicle is
reimbursable for distances equaling or exceeding one
mile.
(iii) 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 not already
executed by a law enforcement agency or for effectuating the
payment of fines and costs by attempting to execute each
warrant of arrest, [$25] $50 for each docket number and
[$2.50] $5 for each return of service, plus mileage.
(2) For taking physical custody of a defendant, [$5] $25
per defendant[.], starting when released by a law enforcement
agency or jailor to the constable or deputy constable or
after the execution of a warrant of arrest and ending with
discharge or commitment with the starting and ending times
documented.
(3) For [conveyance of] physically taking a defendant to
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or from court, [$5] $25 per defendant[.], but payable for
physically taking a defendant from court when directed to do
so and documented by a magisterial district judge. This fee
is not payable in addition to the fees for transporting
defendants by motor vehicle under paragraphs (9) and (10)
during the same trip.
(4) For physical attendance at arraignment or hearing,
[$13.] $25 as a flat fee, but beginning and ending times must
be documented.
(5) For executing discharge[, $5] in lieu of arresting a
defendant on a warrant when the money was collected to clear
the warrant, $25 per defendant.
(6) For executing judicial order of commitment[, $5] to
jail, $25 per defendant.
(7) For executing release[, $5] of custody from the
police, a sheriff or a correctional facility to a constable
or deputy constable, $25 per defendant.
(8) For making timely returns of completed paperwork to
the court[, $2.50.] or issuing authority, $5. For nonservice
of a criminal or bench warrant, the court may require the
constable or deputy constable to execute an affidavit of due
diligence documenting the search efforts.
(9) Transporting by motor vehicle each nonincarcerated
defendant to jail, [$17] $25, plus mileage; transporting by
motor vehicle an incarcerated prisoner, [$38] $50 per
prisoner, plus an hourly rate of [$13] $25 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] $50 per hour per constable or deputy constable.
(10) Receipt of the fees for transporting by motor
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vehicle 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 by motor
vehicle an incarcerated prisoner under paragraph (9) shall
exclude receipt of the fees under paragraphs (2), (3), (4)
and (7) for the transport.
(12) (i) Actual mileage for travel by motor vehicle
shall be reimbursed at the rate equal to the highest rate
allowed by the Internal Revenue Service.
(ii) Actual mileage for travel by motor vehicle is
reimbursable for distances equaling or exceeding one
mile.
(iii) If travel is by other than motor vehicle,
reimbursement shall be for vouchered travel expenses.
(13) For [conveying] physically taking defendants for
fingerprinting[, $17] at a location other than jail, $25 per
defendant as ordered by the magisterial district judge per
defendant as ordered by the magisterial district judge, plus
[$13] $25 per hour while present beyond the first hour per
defendant per hour, not to exceed [$26] $50 per hour per
constable or deputy constable, plus mileage. Unless the
fingerprinting is done at a location other than the jail,
this fee is not payable in addition to the fees for
transporting defendants by motor vehicle under paragraphs (9)
and (10) during the same trip.
(14) For holding one or more defendants at the office of
a magisterial district judge[, $13] for the time that the
constable or deputy constable remains prior to the start of
the hearing and the time after the conclusion of the hearing
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but prior to release or transport, $25 per hour per defendant
beyond the first half hour.
(15) For courtroom security as ordered[, $13] by a
magisterial district judge, $25 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.] may assess the fee to the
affiant, except in cases of domestic violence wherein the fee
shall be assessed to the county.
(17) The fees for physically taking a defendant under
paragraphs (3) and (13) are payable whether the defendant is
taken by motor vehicle or otherwise, but the fees for
transporting a defendant by motor under paragraphs (9), (10)
and (11) are not payable if the defendant is not transported
accordingly.
(h) Subpoenas.--For serving district court-issued subpoenas
for civil, landlord-tenant or criminal matters, [$13] $15 for
first witness, plus [$5] $6 for each additional witness at the
same address, [$2.50] $3 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. The fees for witnesses and return of
service under this subsection accrue per docket number.
* * *
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(j) Nepotism.--A fee under this subchapter is not payable if
the claim for payment arose under the circumstances prohibited
in section 7138 (relating to nepotism).
Section 10. Section 7161.1(a) and (b) of Title 44 are
amended to read:
§ 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] $2.75 per day.
(b) Notices of election.--For serving notices of their
election upon township or borough officers, the fees to be
received by constables or deputy constables shall be [$0.15]
$0.20 for each service.
* * *
Section 11. Section 7164 of Title 44 is repealed:
[§ 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 that 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
the damages shall be $1 for the first hour and $.50 per hour for
each hour necessarily engaged after the first hour.]
Section 12. Sections 7165, 7171(b) and (c), 7172 and 7176 of
Title 44 are amended to read:
§ 7165. Seizure fees.
(a) Registration plates and cards.--If constables and deputy
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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] $17 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] $17
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.
§ 7171. Election notice in certain areas.
* * *
(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] $17 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] $17 to the Commonwealth.
* * *
§ 7172. Incompetence and removal.
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(a) Inquiry.--A court of common pleas with competent
jurisdiction may inquire into the official conduct of the
constable or deputy constable if any of the following apply:
(1) A surety of the constable files a verified petition
alleging that the constable or deputy constable is
incompetent to discharge official duties because of
intemperance or neglect of duty.
(2) Any person files a verified petition alleging that
the constable [is] or deputy constable is malfeasant, engages
i n conduct or employment prohibited by Subchapter D (relating
to conflicts) or is incompetent to discharge official duties
for a reason other than 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 or deputy constable is malfeasant, has engaged in
conduct or employment prohibited by Subchapter D (relating to
conflicts) or 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 or deputy 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.
(c) Deputy constable.--A constable may revoke the
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appointment of a deputy constable with or without court
approval.
§ 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,"] section 7132 (relating to police officers) commits a
misdemeanor of the third degree and shall, upon conviction, be
sentenced to pay a fine of [$50] $1,000 or to imprisonment for
not more than 30 days, or both.
Section 13. Section 7178 of Title 44 is repealed:
[§ 7178. Failure to serve in a township.
(a) Scope of section.--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
constable of the same township within 15 years of election or
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appointment; or
(2) has paid a fine under subsection (b) within 15 years
of election or appointment.]
Section 14. Title 44 is amended by adding a section to read:
§ 7179. Oversight.
(a) County constabulary review board.--The county
commissioners or the president judge of a county, as provided
under subsection (c), shall create a county constabulary review
board to:
(1) Assist in resolving disputes involving constables or
deputy constables and their performance of duties or payment
for that performance.
(2) Establish uniform policies, procedures and standards
affecting constabulary service and payment for those
services. The county constabulary review board may adopt or
promulgate a constabulary handbook to do so.
(3) Comply with and implement any statute, regulation,
rule of court, judicial ruling or ruling from the county
constabulary review board affecting constabulary service.
(b) Membership.--Membership of a county constabulary review
board shall include:
(1) The following, who shall be appointed by the
president judge of the county:
(i) One common pleas judge or one magisterial
district judge.
(ii) One district court or special court
administrator.
(2) The county controller or a designee of the county
controller.
(3) The district attorney or a designee of the district
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attorney.
(4) Two certified constables appointed by the district
attorney.
(c) Failure to act.--If the county commissioners of a county
do not create a county constabulary review board within one year
of the effective date of this subsection, the president judge of
the county shall create a county constabulary review board to
perform the duties authorized by this section.
(d) Appeal.--Commonwealth Court shall have jurisdiction to
hear any appeal or final order entered in any matter considered
by a county constabulary review board.
Section 15. This act shall take effect in 60 days.
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