AppendixAPPENDIX TO TITLE 44 LAW AND JUSTICE

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Supplementary Provisions of Amendatory Statutes

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2009, OCTOBER 9, P.L.494, NO.49

§ 5.  Legislative findings and declarations.

The General Assembly finds and declares as follows:

(1)  This act consolidates a major title of the Pennsylvania Consolidated Statutes.

(2)  In order to further the process of statutory consolidation, it is necessary to eliminate obsolete provisions in every title of the Pennsylvania Consolidated Statutes.

(3)  The repeal of 44 Pa.C.S. Ch. 53 is necessary because the chapter became obsolete when it was replaced by 61 Pa.C.S. Ch. 45 in the act of August 11, 2009 (P.L.147, No.33), entitled "An act amending Title 42 (Judiciary and Judicial Procedure) and codifying Title 61 (Penal and Correctional Institutions) of the Pennsylvania Consolidated Statutes, further providing for adoption of guidelines for resentencing, for adoption of guidelines for parole and for adoption of recommitment ranges following revocation of parole by board; providing for temporary release from county correctional institution; further providing for sentence of total confinement; providing for parole without board supervision, for judicial power to release inmates and for transfers of inmates in need of medical treatment; further providing for State intermediate punishment; providing for other criminal provisions; amending the heading of Title 61; adding definitions, provisions relating to general administration of correctional institutions, State correctional institutions, county correctional institutions, house of detention for untried inmates and witnesses, inmate labor, medical services, visitation, inmate prerelease plans, motivational boot camp, execution procedure and method, recidivism risk reduction incentive, miscellaneous matters relating thereto, probation and parole generally, the Pennsylvania Board of Probation and Parole, County Probation and Parole Officers' Firearm Education and Training and correctional institution interstate compacts; and making conforming amendments, editorial changes and repeals relating to codification."

(4)  The addition of 44 Pa.C.S. Ch. 71 Subchs. A, B, C, D, F, G and H is a continuation of the statutory provisions repealed in section 4(2) of this act. The following apply:

(i)  Except as otherwise provided in 44 Pa.C.S. Ch. 71, all activities initiated under the statutory provisions repealed in section 4(2) of this act shall continue and remain in full force and effect and may be completed under 44 Pa.C.S. Ch. 71. Orders, regulations, rules and decisions which were made under the statutory provisions set forth in section 4(2) of this act and which are in effect on the effective date of 4(2) of this act shall remain in full force and effect until revoked, vacated or modified under 44 Pa.C.S. Ch. 71. Contracts, obligations and collective bargaining agreements entered into under the statutory provisions repealed in section 4(2) of this act are not affected nor impaired by the repeal in section 4(2) of this act.

(ii)  Except as set forth in subparagraph (iii), any difference in language between 44 Pa.C.S. Ch. 71 Subchs. A, B, C, D, F and G and the statutory provisions repealed in section 4(2) of this act 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 statutory provisions repealed in section 4(2) of this act.

(iii)  Subparagraph (ii) does not apply to any of the following provisions of Title 44:

(A)  Section 7112.

(B)  Section 7113.

(C)  Section 7114(a).

(D)  Section 7143(h).

(E)  Section 7148(b).

(F)  Section 7149(b).

(G)  Section 7151.

(5)  The provisions on constable training have been transferred from former 42 Pa.C.S. §§ 2941 through 2949 to 44 Pa.C.S. Ch. 71 Subch. E. Revisions have been made in 44 Pa.C.S. §§ 7143(h), 7148(b) and 7149(b). Except as otherwise provided in 44 Pa.C.S. Ch. 71, all activities initiated under former 42 Pa.C.S. §§ 2941 through 2949 shall continue and remain in full force and effect and may be completed under 44 Pa.C.S. Ch. 71 Subch. E. Orders, regulations, rules and decisions which were made under former 42 Pa.C.S. §§ 2941 through 2949 and which are in effect on the effective date of section 1 (42 Pa.C.S. §§ 2941 through 2949) of this act shall remain in full force and effect until revoked, vacated or modified under 44 Pa.C.S. Ch. 71 Subch. E. Contracts, obligations and collective bargaining agreements entered into under former 42 Pa.C.S. §§ 2941 through 2949 and which are in effect on the effective date of section 1 (42 Pa.C.S. §§ 2941 through 2949) of this act are not affected nor impaired by section 1 (42 Pa.C.S. §§ 2941 through 2949) of this act.

(6)  Provisions on constable fees have been transferred from 42 Pa.C.S. § 2950 to 44 Pa.C.S. § 7161. Except as otherwise provided in 44 Pa.C.S. § 7161, all activities initiated under former 42 Pa.C.S. § 2950 shall continue and remain in full force and effect and may be completed under 44 Pa.C.S. § 7161. Orders, regulations, rules and decisions which were made under former 42 Pa.C.S. § 2950 and which are in effect on the effective date of section 1 (42 Pa.C.S. § 2950) of this act shall remain in full force and effect until revoked, vacated or modified under 44 Pa.C.S. § 7161. Contracts, obligations and collective bargaining agreements entered into under former 42 Pa.C.S. § 2950 and which are in effect on the effective date of section 1 (42 Pa.C.S. § 2950) of this act are not affected nor impaired by section 1 (42 Pa.C.S. § 2950) of this act.

(7)  This act deals with fees and funds affecting the judicial branch of State government, including fees which may be charged by constables in civil and criminal cases and additional fees and surcharges on the initiation of legal proceedings and on the filing of legal documents. In order to further the process of statutory consolidation, it is necessary to maintain and continue the coordination of fees and funding affecting any branch of State government.

Explanatory Note.  Act 49 added or repealed Chapter 53 and Part IV of Title 44 and amended, added or repealed Subchapter C of Chapter 29 and sections 3733 and 3733.1 of Title 42 and amended sections 1376 and 1540 of Title 75.