Pennsylvania Act 2007-64 — JUDICIAL CODE (42 PA.C.S.) - JUVENILE COURT JUDGES' COMMISSION ESTABLISHMENT AND OPERATION

Act text

JUDICIAL CODE (42 PA.C.S.) - JUVENILE COURT JUDGES' COMMISSION
                       ESTABLISHMENT AND OPERATION
                  Act of Dec. 4, 2007, P.L. 427, No. 64               Cl. 42
                             Session of 2007
                               No. 2007-64

     SB 117

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for the
        establishment and operation of the Juvenile Court Judges'
        Commission; prescribing its powers and duties; and repealing
        provisions relating to Juvenile Court Judges' Commission.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Chapter 63 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended by adding a subchapter to read:
                               SUBCHAPTER F
                    JUVENILE COURT JUDGES' COMMISSION
     Sec.
     6371.  Definitions.
     6372.  Juvenile Court Judges' Commission.
     6373.  Powers and duties.
     6374.  Power to make grants.
     6375.  Funding.
      § 6371.  Definitions.
        The following words and phrases when used in this subchapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Commission."  The Juvenile Court Judges' Commission created
     pursuant to section 6372(a) (relating to Juvenile Court Judges'
     Commission).
        "Commissioner."  A member appointed to the Juvenile Court
     Judges' Commission pursuant to section 6372(b) (relating to
     Juvenile Court Judges' Commission).
      § 6372.  Juvenile Court Judges' Commission.
        (a)  Establishment.--There is hereby established in the
     Office of General Counsel the Juvenile Court Judges' Commission.
        (b)  Composition.--The commission shall consist of nine
     judges who shall be appointed by the Governor from a list of
     judges, serving in the juvenile courts, selected and submitted
     by the Chief Justice of Pennsylvania.
        (c)  Tenure.--Of the first nine appointees to the commission,
     three shall serve for three years, three for two years and three
     for one year. After the initial term, the term for all members
     shall be three years.
        (d)  Officers.--The commission shall annually select one of
     its members as chairman and one member as secretary.
        (e)  Staff.--The chairman, with the approval of the majority
     of the commission, may appoint and fix the compensation of
     assistants, clerks and stenographers as he deems necessary to
     enable the commission to perform its powers and duties. During
     his term of employment, no assistant shall engage, directly or
     indirectly, in the practice of law in any juvenile court in this
     Commonwealth.
        (f)  Staff compensation.--The compensation of the assistants,
     clerks and stenographers shall be fixed within limitations fixed
     by the Executive Board and shall be eligible to apply for
     membership in the State Employees' Retirement System.
        (g)  Meetings.--Each year there shall be quarterly meetings
     of the commission and such additional meetings as the chairman
     shall deem necessary. Each commissioner attending the meetings
     shall be paid only his necessary expenses incurred in attending
     the meetings. Five members of the commission shall constitute a
     quorum at meetings.
      § 6373.  Powers and duties.
        The commission shall have the power and is required to do the
     following:
            (1)  Advise the juvenile court judges of this
        Commonwealth in all matters pertaining to the proper care and
        maintenance of delinquent and dependent children.
            (2)  Examine the administrative methods and judicial
        procedure used in juvenile courts throughout this
        Commonwealth, establish standards and make recommendations on
        the same to the courts presiding over juvenile proceedings
        within this Commonwealth.
            (3)  Examine the personnel practices and employment
        standards used in probation offices in this Commonwealth,
        establish standards and make recommendations on the same to
        courts presiding over juvenile proceedings within this
        Commonwealth.
            (4)  Collect, compile and publish such statistical and
        other data as may be needed to accomplish reasonable and
        efficient administration of the juvenile courts system.
      § 6374.  Power to make grants.
        The commission shall have the power, and its duty shall be to
     make annual grants to political subdivisions for the development
     and improvement of probation services for juveniles.
      § 6375.  Funding.
        The General Assembly shall annually appropriate such sums as
     it deems to be necessary for the operation and expenses of the
     commission.
        Section 2.  Repeals are as follows:
            (1)  The General Assembly declares that the repeals under
        paragraphs (2) and (3) are necessary to effectuate the
        addition of 42 Pa.C.S. Ch. 63 Subch. F.
            (2)  The act of December 21, 1959 (P.L.1962, No.717),
        entitled "An act providing for the creation and operation of
        the Juvenile Court Judges' Commission in the Department of
        Justice; prescribing its powers and duties; and making an
        appropriation."
            (3)  Sections 905.1 and 905.2 of the act of April 9, 1929
        (P.L.177, No.175), known as The Administrative Code of 1929.
        Section 3.  This act shall be a continuation of the act of
     December 21, 1959 (P.L.1962, No.717), entitled "An act providing
     for the creation and operation of the Juvenile Court Judges'
     Commission in the Department of Justice; prescribing its powers
     and duties; and making an appropriation." The following apply:
            (1)  Except as otherwise provided in 42 Pa.C.S. Ch. 63
        Subch. F, all activities initiated under the act of December
        21, 1959 (P.L.1962, No.717), entitled "An act providing for
        the creation and operation of the Juvenile Court Judges'
        Commission in the Department of Justice; prescribing its
        powers and duties; and making an appropriation," shall
        continue and remain in full force and effect and may be
        completed under 42 Pa.C.S. Ch. 63 Subch. F. Orders,
        regulations, rules and decisions, which were made under the
        act of December 21, 1959 (P.L.1962, No.717), and which are in
        effect on the effective date of section 2 shall remain in
        full force and effect until revoked, vacated or modified
        under 42 Pa.C.S. Ch. 63 Subch. F. Contracts and obligations
        entered into under the act of December 21, 1959 (P.L.1962,
        No.717), are not affected nor impaired by the repeal of the
        act of December 21, 1959 (P.L.1962, No.717).
            (2)  Any difference in language between 42 Pa.C.S. Ch. 63
        Subch. F and the act of December 21, 1959 (P.L.1962, No.717),
        is intended only to conform to the style of the Pennsylvania
        Consolidated Statutes and is not intended to change or affect
        the legislative intent, judicial construction or
        administration and implementation of the act of December 21,
        1959 (P.L.1962, No.717).
        Section 4.  This act shall be a continuation of sections
     905.1 and 905.2 of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929. The following apply:
            (1)  Except as otherwise provided in 42 Pa.C.S. Ch. 63
        Subch. F, all activities initiated under sections 905.1 and
        905.2 of The Administrative Code of 1929 shall continue and
        remain in full force and effect and may be completed under 42
        Pa.C.S. Ch. 63 Subch F. Orders, regulations, rules and
        decisions, which were made under sections 905.1 and 905.2 of
        The Administrative Code of 1929 and which are in effect on
        the effective date of section 2 of this act shall remain in
        full force and effect until revoked, vacated or modified
        under 42 Pa.C.S. Ch. 63 Subch. F. Contracts and obligations
        entered into under sections 905.1 and 905.2 of The
        Administrative Code of 1929 are not affected nor impaired by
        the repeal of sections 905.1 and 905.2 of The Administrative
        Code of 1929.
            (2)  Any difference in language between 42 Pa.C.S. Ch. 63
        Subch. F and sections 905.1 and 905.2 of The Administrative
        Code of 1929 is intended only to conform to the style of the
        Pennsylvania Consolidated Statutes and is not intended to
        change or affect the legislative intent, judicial
        construction or administration and implementation of sections
        905.1 and 905.2 of The Administrative Code of 1929.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 4th day of December, A. D. 2007.

     EDWARD G. RENDELL