PRINTER'S NO. 2583
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1716
Session of
2015
INTRODUCED BY PETRI, COHEN, DIAMOND, GROVE, MILLARD, PICKETT,
SNYDER, THOMAS AND WATSON, NOVEMBER 30, 2015
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 30, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judicial boards and
commissions, further providing for composition of jury
selection commission; in facilities and supplies, further
providing for county judicial center or courthouse; and, in
juries and jurors, further providing for challenging
compliance with selection procedures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2122(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2122. Composition of jury selection commissions.
(a) General rule.--Except in the first judicial district
[and], other home rule charter counties and counties where the
office of jury commissioner has been abolished, the jury
selection commission shall consist of two jury commissioners
elected as provided in this section and the president judge of
the court of common pleas of the judicial district embracing the
county. The president judge may from time to time assign another
judge of court to perform his duties temporarily. The president
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judge or his assigned replacement shall be chairman. In counties
where the office of jury commissioner has been abolished, the
jury selection commission shall consist solely of the president
judge of the court of common pleas of the judicial district
embracing the county.
* * *
Section 2. Section 3721(a) of Title 42 is amended by adding
a paragraph to read:
§ 3721. County judicial center or courthouse.
(a) General rule.--There shall be maintained at the county
seat of each county a facility known as the county judicial
center, which may be the existing county courthouse. The
facility shall provide accommodations and supporting facilities
and services for the following functions, agencies and units of
or related to the unified judicial system:
* * *
(6.1) The facility need not provide accommodations or
supporting facilities and services for the office of jury
commissioner in counties where that office has been
abolished.
* * *
Section 3. Section 4526(b) and (d) of Title 42 are amended
to read:
§ 4526. Challenging compliance with selection procedures.
* * *
(b) Hearing on petition.--At the hearing on the petition
filed under subsection (a), the moving party is entitled to
present in support of the petition the testimony of the jury
[commissioners or their] selection commission or the jury
selection commission's clerks, any relevant records and papers
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not public or otherwise available used by the jury
[commissioners or their] selection commission or the jury
selection commission's clerks and any other relevant evidence.
If the court determines that in selecting persons to fill the
array the [commissioners have] jury selection commission failed
to substantially comply with this subchapter, the court shall
stay the proceedings requiring the service of jurors pending the
selection of a new array in conformity with this subchapter or
may grant other appropriate relief.
* * *
(d) Records.--The contents of any records or papers used by
the jury [commissioners or their] selection commission or the
jury selection commission's clerks in connection with the
selection process and not made public under this subchapter
shall not be disclosed (except in connection with the
preparation or presentation of a petition filed under subsection
(a)) until after the list of qualified jurors or jury wheel has
been emptied and refilled and all persons selected to serve as
jurors before the list of qualified jurors or jury wheel was
emptied have been discharged.
* * *
Section 4. This act shall take effect immediately.
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