PRINTER'S NO. 1847
No. 1536 Session of 1977
INTRODUCED BY FREIND, ZEARFOSS, SPITZ, BURD, LIVENGOOD, DAVIES,
W. D. HUTCHINSON, GEESEY, RYAN, LYNCH, McCLATCHY, McGINNIS
AND SCIRICA, JULY 27, 1977
REFERRED TO COMMITTEE ON JUDICIARY, JULY 27, 1977
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for restitution and
3 for fines.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1106 of Title 18, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, added June 18, 1976 (P.L.394, No.86), is amended to
9 read:
10 § 1106. Restitution and fines for injuries to person or
11 property.
12 (a) General rule.--Upon conviction for any crime wherein
13 property has been stolen, converted or otherwise unlawfully
14 obtained, or its value substantially decreased as a direct
15 result of the crime, or wherein the victim suffered personal
16 injury directly resulting from the crime, the offender [may]
17 shall be sentenced to make restitution or shall be sentenced to
18 pay a fine equivalent to the value of such damage or injury, or
1 a combination of both, in addition to the punishment prescribed
2 therefor.
3 (a.1) Determination by court.--In determining whether
4 restitution or a fine or a combination of both is the
5 appropriate sentence in a particular case, the court shall base
6 such decision on the equities of the situation and the conduct
7 of the parties involved. Any fine or restitution imposed
8 pursuant to this section shall be in addition to any other
9 penalty or fine imposed for the particular crime or offense in
10 question.
11 (b) Condition of probation or parole.--Whenever restitution
12 or a fine has been ordered pursuant to [subsection (a)] this
13 section and the offender has been placed on probation or parole,
14 his compliance with such order [may] shall be made a condition
15 of such probation or parole.
16 [(c) Authority of sentencing court.--In determining whether
17 to order restitution as a part of the sentence or as a condition
18 of probation or parole, the court:
19 (1) Shall consider the extent of injury suffered by the
20 victim and such other matters as it deems appropriate.
21 (2) May order restitution in a lump sum, by monthly
22 installments or according to such other schedule as it deems
23 just, provided that the period of time during which the
24 offender is ordered to make restitution shall not exceed the
25 maximum term of imprisonment to which the offender could have
26 been sentenced for the crime of which he was convicted.
27 (3) May at any time alter or amend any order of
28 restitution made pursuant to this section providing, however,
29 that the court state its reasons and conclusions as a matter
30 of record for any change or amendment to any previous order.]
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1 (c) Sentencing court.--In ordering restitution or a fine as
2 required by this section, the court may provide for payment in a
3 lump sum or in installments. If ordered in installments the
4 period of time during which such payments shall be made shall
5 not exceed the maximum period of sentence for the crime or
6 offense in question. During the period during which the
7 installment payments are to be made, the offender shall remain
8 on probation regardless of any other sentence imposed until such
9 time as the full amount has been paid. Any offender failing to
10 meet his schedule of payments shall be deemed to have violated
11 his probation.
12 (d) Limitations on justices of the peace.--Restitution or a
13 fine ordered by a justice of the peace shall be limited to the
14 return of the actual property or its undisputed dollar amount
15 or, where the claim for restitution or fine does not exceed
16 $1,000 and is disputed as to amount, the justice of the peace
17 shall determine and order the dollar amount of restitution or
18 fine to be made.
19 (e) Restitution and fine payments and records.--Restitution
20 or a fine, when ordered by a judge, shall be made by the
21 offender to the probation department of the county in which he
22 was convicted according to the order of the court or, when
23 ordered by a justice of the peace, shall be made to the justice
24 of the peace. The probation department and the justice of the
25 peace shall maintain records of the restitution or fine order
26 and its satisfaction and shall forward to the victim the
27 property or payments made pursuant to the [restitution] order.
28 The probation department and the justice of the peace may assess
29 additional fees to cover administrative costs of collecting
30 payments. Amount and manner of collection shall be established
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1 by the probation department or the justice of the peace.
2 (f) Noncompliance with restitution or fine order.--Whenever
3 the offender shall fail to make restitution or pay a fine as
4 provided in the order of a judge, the probation department shall
5 notify the court within 20 days of such failure. Whenever the
6 offender shall fail to make restitution or pay a fine within 20
7 days to a justice of the peace, as ordered, the justice of the
8 peace shall declare the offender in contempt of court and
9 forward the case to the court of common pleas. Upon such notice
10 of failure to make restitution or pay the fine, or upon receipt
11 of the contempt decision from a justice of the peace, the court
12 shall order a hearing to determine if the offender is in
13 contempt of court or has violated his probation or parole.
14 (g) Preservation of private remedies.--No judgment or order
15 of restitution shall debar the owner of the property or the
16 victim who sustained personal injury, by appropriate action, to
17 recover from the offender as otherwise provided by law, provided
18 that any civil award shall be reduced by the amount paid under
19 the criminal judgment.
20 (h) Definitions.--As used in this section the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Court." Includes a judge of a court of record and a justice
24 of the peace.
25 "Crime." Any offense punishable under this title.
26 "Injury to property." Loss of real or personal property,
27 including negotiable instruments, or decrease in its value,
28 directly resulting from the crime.
29 "Justice of the peace." Includes a district justice.
30 "Offender." Any person who has been found guilty of any
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1 crime.
2 "Personal injury." Actual bodily harm, including pregnancy,
3 directly resulting from the crime.
4 "Property." Any real or personal property, including
5 currency and negotiable instruments, of the victim.
6 "Restitution." The return of the property of the victim or
7 payments in cash or the equivalent thereof pursuant to an order
8 of the court.
9 "Victim." Any person, except an offender, who suffered
10 injuries to his person or property as a direct result of the
11 crime.
12 Section 2. This act shall take effect in 60 days.
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