SENATE AMENDED
PRIOR PRINTER'S NOS. 317, 3837, 3906 PRINTER'S NO. 3916
No. 301 Session of 1991
INTRODUCED BY O'DONNELL, KOSINSKI, JOSEPHS, DALEY, MELIO, PESCI,
GIGLIOTTI AND VROON, FEBRUARY 6, 1991
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 1992
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for municipal
3 court jurisdiction over landlord-tenant cases; FURTHER <--
4 PROVIDING FOR THE ESTABLISHMENT OF FEES AND CHARGES AND FOR
5 CONSTABLE FEES; IMPOSING A CRIMINAL LABORATORY USER FEE; <--
6 PROVIDING FOR DISPOSITION OF REVENUES GENERATED BY THE FEE;
7 AND MAKING REPEALS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1123(a)(3) of Title 42 of the
11 Pennsylvania Consolidated Statutes is amended to read:
12 § 1123. Jurisdiction and venue.
13 (a) General rule.--Except as otherwise prescribed by any
14 general rule adopted pursuant to section 503 (relating to
15 reassignment of matters), the Philadelphia Municipal Court shall
16 have jurisdiction of the following matters:
17 * * *
18 (3) Matters arising under the act of April 6, 1951
19 (P.L.69, No.20), known as ["]The Landlord and Tenant Act of
1 1951.["] The judges of the Philadelphia Municipal Court shall
2 have the power to enter judgments exceeding $5,000 in matters
3 arising under this subsection.
4 * * *
5 Section 2. All acts and parts of acts are repealed insofar <--
6 as they are inconsistent with this act.
7 SECTION 2. SECTION 1725 OF TITLE 42 IS AMENDED BY ADDING <--
8 SUBSECTIONS TO READ:
9 § 1725. ESTABLISHMENT OF FEES AND CHARGES.
10 * * *
11 (C) COUNTIES OF THE FIRST CLASS.--IN COUNTIES OF THE FIRST
12 CLASS:
13 (1) THERE SHALL BE CHARGED AND SET APART BY THE OFFICER
14 RECEIVING THE FEES FIXED IN THIS SECTION AND REMITTED MONTHLY
15 TO THE TREASURER OF THE BAR ASSOCIATION OR OTHER NONPROFIT
16 CORPORATION OPERATING THE PUBLIC LAW LIBRARY OF SUCH COUNTY,
17 AN AMOUNT EQUAL TO 30% OF THE FILING FEES AT THE TIME IN
18 EFFECT FOR THE PROBATE OF WILLS, THE ISSUE OF LETTERS
19 TESTAMENTARY, THE ISSUE OF LETTERS OF ADMINISTRATION AND THE
20 FILING OF ACCOUNTS WITH THE REGISTER OF WILLS, THE FILING OF
21 ACCOUNTS OF TRUSTEES AND GUARDIANS IN THE COURT OF COMMON
22 PLEAS OF THE COUNTY AND OF ALL FILINGS IN THE OFFICE OF THE
23 PROTHONOTARY OF THE COUNTY.
24 (2) THE PROVISIONS OF PARAGRAPH (1) SHALL NOT APPLY TO
25 ANY ACTIONS TAKEN OR INITIATED BY ANY POLITICAL SUBDIVISION.
26 (3) THE WRITTEN RECEIPT FOR THE MONEYS OF THE TREASURER
27 OF THE BAR ASSOCIATION OR NONPROFIT CORPORATION SHALL BE THE
28 ONLY LEGAL DISCHARGE OF THE OFFICER.
29 (4) THE DEPARTMENT OF GENERAL SERVICES SHALL ANNUALLY,
30 AND FREE OF CHARGE, DISTRIBUTE TO THE TREASURER OF EACH BAR
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1 ASSOCIATION OR NONPROFIT CORPORATION FOR THE USE OF ITS
2 LIBRARY, 60 COPIES OF THE LAWS OF PENNSYLVANIA FOR THE
3 PURPOSE OF ENABLING THE LIBRARY TO EXCHANGE A COPY OF THE
4 LAWS FOR A COPY OF SIMILAR PUBLICATIONS OF OTHER STATES AND
5 OF THE TERRITORIES OF THE UNITED STATES.
6 (5) THE FOLLOWING FEES SHALL BE RECEIVED BY THE CLERKS <--
7 OF ORPHANS' COURTS OF COUNTIES OF THE FIRST CLASS:
8 (I) THE FOLLOWING FEES SHALL BE CHARGED FOR THE
9 FILING OF ACCOUNTS OF GUARDIANS AND TRUSTEES BASED UPON
10 THE SIZE OF THE ESTATE:
11 ESTATE NOT EXCEEDING $1,000............ $14.00
12 EACH ADDITIONAL $1,000 OR FRACTION
13 THEREOF OVER $1,000, BUT NOT EXCEEDING
14 $10,000.................................... 7.00
15 OVER $10,000, BUT NOT EXCEEDING
16 $25,000.................................... 140.00
17 OVER $25,000, BUT NOT EXCEEDING
18 $100,000................................... 279.00
19 OVER $100,000, BUT NOT EXCEEDING
20 $500,000................................... 419.00
21 OVER $500,000, BUT NOT EXCEEDING
22 $1,000,000................................. 559.00
23 EACH ADDITIONAL $500,000 OR FRACTION
24 THEREOF OVER $1,000,000.................... 300.00
25 (II) THE FOLLOWING FEES SHALL BE
26 CHARGED FOR THE INDICATED ACTIVITY OR
27 FUNCTION:
28 AFFIDAVIT.............................. $3.00
29 APPEAL TO SUPREME COURT................ 35.00
30 ATTACHMENT............................. 3.00
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1 AUDITOR'S REPORT....................... 14.00
2 BOND................................... 7.00
3 BOND, REFUNDING........................ 7.00
4 CLAIM OF CREDITOR...................... 7.00
5 COPY OF ANY RECORD, PER PAGE........... 3.00
6 DISCLAIMER............................. 7.00
7 DOCKET ENTRIES, PER PAGE............... 8.00
8 ELECTION TO TAKE UNDER OR AGAINST WILL. 7.00
9 EXCEPTIONS TO ADJUDICATION, OPINION AND
10 DECREE OR MASTER'S OR AUDITOR'S REPORT..... 14.00
11 EXECUTION OF DEED BY CLERK............. 14.00
12 EXCERPT FROM SCHEDULE AND
13 CERTIFICATION.............................. 7.00
14 EXEMPLIFICATION OF ANY RECORD.......... 7.00
15 EXEMPTION, PETITION FOR................ 7.00
16 FAMILY SETTLEMENT:
17 NOT EXCEEDING THREE PAGES.......... 25.00
18 EACH ADDITIONAL PAGE............... 6.00
19 GUARDIAN, APPOINTMENT OF:
20 NOT EXCEEDING $2,500............... 14.00
21 EXCEEDING $2,500................... 35.00
22 INVENTORY, GUARDIAN'S.................. 3.00
23 MARRIAGE LICENSE....................... 5.00
24 (PLUS $10.00 SURCHARGE FOR
25 COMMONWEALTH OF PENNSYLVANIA)
26 CONSENT OF PARENT OR GUARDIAN.......... 3.00
27 APPOINTMENT OF TEMPORARY GUARDIAN...... 3.00
28 MASTER'S REPORT........................ 13.00
29 PETITION AND DECREE.................... 14.00
30 PETITION AND DECREE FOR CITATION....... 28.00
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1 PLEADING (OTHER THAN PETITION):
2 ANSWER TO PRELIMINARY OBJECTIONS OR
3 EXCEPTIONS............................. 7.00
4 PRELIMINARY OBJECTIONS................. 14.00
5 SATISFACTION OF AWARD, EACH............ 3.00
6 SHORT CERTIFICATE...................... 3.00
7 STIPULATION............................ 14.00
8 SUBPOENA............................... 3.00
9 (6) THE CLERK OF ORPHANS' COURTS OF COUNTIES OF THE
10 FIRST CLASS ARE AUTHORIZED TO ESTABLISH FEES FOR SERVICES
11 REQUIRED BY STATUTE OR RULE OF COURT WHICH ARE NOT
12 SPECIFICALLY PROVIDED FOR IN PARAGRAPH (5). ANY SUCH
13 ADDITIONAL FEES SHALL BE THE SAME AS THOSE IMPOSED FOR
14 SIMILAR SERVICES. THE CLERKS SHALL NOT BE REQUIRED TO PERFORM
15 ANY SERVICE UNTIL THE REQUISITE FEE IS PAID.
16 (D) COUNTIES OF THE SECOND CLASS.--IN COUNTIES OF THE SECOND
17 CLASS, THE PROTHONOTARY AND THE CLERK OF THE ORPHANS' COURT
18 DIVISION SHALL SET APART FROM THE FEES FIXED IN THIS SECTION OR
19 UNDER ANY OTHER STATUTE AND COLLECTED BY THEM ON THE FOLLOWING
20 ACTIONS, PROCEEDINGS AND APPEALS AND REMIT MONTHLY THE TOTAL
21 COLLECTED TO THE COUNTY TREASURER FOR THE EXCLUSIVE USE AND
22 BENEFIT OF THE PUBLIC LAW LIBRARY IN THE COUNTY.
23 (1) THE SUM OF $1 FOR APPEALS TO THE COURT OF COMMON
24 PLEAS FROM ANY ADMINISTRATIVE AGENCY, INDEPENDENT AGENCY,
25 GOVERNMENT UNIT, GOVERNMENT AGENCY OR COMMONWEALTH AGENCY.
26 (2) THE SUM OF $1 FOR APPEALS THAT ARE FILED WITH OR ARE
27 TO BE HEARD BY THE COURT OF COMMON PLEAS WHICH APPEALS ARE
28 NOT SPECIFICALLY SET FORTH IN PARAGRAPH (1), INCLUDING, BUT
29 NOT LIMITED TO, APPEALS FROM DISTRICT JUSTICES, THE
30 PITTSBURGH MAGISTRATES COURT AND THE TRAFFIC COURT OF
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1 PITTSBURGH.
2 (3) THE SUM OF $1 FOR APPOINTMENTS OF BOARDS OF VIEW.
3 (4) THE SUM OF $1 FOR CERTIORARI TO DISTRICT JUSTICES
4 AND THE PITTSBURGH MAGISTRATES COURT AND THE TRAFFIC COURT OF
5 PITTSBURGH.
6 (5) THE SUM OF $1 FOR THE COMMENCEMENT OF A CIVIL ACTION
7 OR PROCEEDING.
8 (6) THE SUM OF $1 FOR THE FILING OF A PRAECIPE FOR AND
9 ISSUANCE OF A WRIT OF EXECUTION OR ATTACHMENT.
10 (7) THE SUM OF $1 FOR THE ENTRY OF A JUDGMENT BY
11 CONFESSION OR OTHERWISE.
12 (8) THE SUM OF $1 FOR THE FILING OF ADVERSARY AND
13 AMICABLE SCIRE FACIAS PROCEEDINGS.
14 (9) THE SUM OF $1 FOR EVERY FILING WITH RESPECT TO
15 FICTITIOUS NAMES, WHETHER INDIVIDUAL OR CORPORATE.
16 (10) THE SUM OF $1 FOR THE PROBATE OF A WILL, THE
17 ISSUANCE OF LETTERS OF ADMINISTRATION, OR A PETITION FOR
18 DISPOSITION OF DECEDENTS ESTATES INDEPENDENT OF THE ISSUANCE
19 OF LETTERS TESTAMENTARY OR OF ADMINISTRATION.
20 (11) THE SUM OF $1 FOR THE FILING OF AN ACCOUNT OF
21 FIDUCIARY IN THE OFFICE OF THE CLERK OF THE ORPHANS' COURT
22 DIVISION OR IN THE OFFICE OF THE PROTHONOTARY.
23 (12) THE SUM OF $1 FOR THE FILING OF A PETITION FOR A
24 WRIT OF HABEAS CORPUS FOR THE CUSTODY OF A MINOR CHILD OR A
25 PETITION FOR THE AWARD OF CUSTODY OF A MINOR CHILD.
26 (13) THE SUM OF $1 FOR THE FILING OF A PRAECIPE FOR THE
27 ISSUANCE OF MISCELLANEOUS WRITS, FOR THE FILING OF A PETITION
28 FOR A CITATION OR FOR THE FILING OF A CAVEAT NOT SPECIFICALLY
29 PROVIDED FOR IN THIS SUBSECTION.
30 SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
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1 § 1725.3. CRIMINAL LABORATORY USER FEE.
2 (A) IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT
3 VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972
4 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
5 DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED
6 REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO
7 CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18
8 PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. §
9 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
10 CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
11 WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED
12 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, SHALL, IN ADDITION TO
13 ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY
14 SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE
15 SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL
16 INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY
17 TECHNICIAN TO COURT PROCEEDINGS.
18 (B) AMOUNT OF USER FEE.--
19 (1) WHERE THE PROSECUTION IS CONDUCTED IN A COUNTY OF
20 THE FIRST CLASS OR A COUNTY OF THE SECOND CLASS AND THE
21 COUNTY OPERATES A COUNTY LABORATORY THAT HAS PROVIDED
22 SERVICES IN THE PROSECUTION, THE DIRECTOR OR SIMILAR OFFICER
23 OF THE COUNTY LABORATORY SHALL DETERMINE THE ACTUAL COST OF
24 THE LABORATORY SERVICES PROVIDED IN THE PROSECUTION AND
25 TRANSMIT A STATEMENT FOR SERVICES RENDERED TO THE COURT. IF A
26 COUNTY OF THE FIRST CLASS OR A COUNTY OF THE SECOND CLASS
27 DOES NOT OPERATE A COUNTY LABORATORY AND LABORATORY SERVICES
28 IN THE PROSECUTION WERE PROVIDED BY THE PENNSYLVANIA STATE
29 POLICE, THE FEE SHALL BE DETERMINED UNDER PARAGRAPH (2).
30 (2) WHERE THE PROSECUTION IS CONDUCTED IN A COUNTY OTHER
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1 THAN A COUNTY OF THE FIRST CLASS OR A COUNTY OF THE SECOND
2 CLASS AND A PENNSYLVANIA STATE POLICE LABORATORY HAS PROVIDED
3 SERVICES IN THE PROSECUTION, THE DIRECTOR OR SIMILAR OFFICER
4 OF THE PENNSYLVANIA STATE POLICE LABORATORY SHALL DETERMINE
5 THE ACTUAL COST OF THE LABORATORY SERVICES PROVIDED IN THE
6 PROSECUTION AND TRANSMIT A STATEMENT FOR SERVICES RENDERED TO
7 THE COURT.
8 (C) DISPOSITION OF FEES.--
9 (1) IN A COUNTY OF THE FIRST CLASS OR A COUNTY OF THE
10 SECOND CLASS THAT OPERATES A COUNTY LABORATORY, THE CRIMINAL
11 LABORATORY USER FEE SHALL BE PAID TO THE COUNTY AND SHALL BE
12 USED SOLELY FOR OPERATION AND MAINTENANCE OF THE COUNTY
13 LABORATORY. IF A COUNTY OF THE FIRST CLASS OR A COUNTY OF THE
14 SECOND CLASS DOES NOT OPERATE A COUNTY LABORATORY, THE
15 CRIMINAL LABORATORY USER FEE SHALL BE PAID INTO THE CRIMINAL
16 LABORATORY USER FEE FUND CREATED UNDER PARAGRAPH (2).
17 (2) IN A COUNTY OTHER THAN A COUNTY OF THE FIRST CLASS
18 OR A COUNTY OF THE SECOND CLASS, OR WHERE A COUNTY OF THE
19 FIRST CLASS OR A COUNTY OF THE SECOND CLASS DOES NOT OPERATE
20 A COUNTY LABORATORY, THE CRIMINAL LABORATORY USER FEE SHALL
21 BE PAID INTO A SPECIAL NONLAPSING FUND OF THE STATE TREASURY,
22 WHICH IS HEREBY ESTABLISHED AND SHALL BE KNOWN AS THE
23 CRIMINAL LABORATORY USER FEE FUND. MONEY IN THE CRIMINAL
24 LABORATORY USER FEE FUND IS HEREBY APPROPRIATED TO THE
25 PENNSYLVANIA STATE POLICE AND SHALL BE USED SOLELY FOR
26 OPERATION AND MAINTENANCE OF PENNSYLVANIA STATE POLICE
27 CRIMINAL LABORATORIES.
28 (D) OTHER LAWS.--THE CRIMINAL LABORATORY USER FEE SHALL BE
29 IMPOSED NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
30 CONTRARY.
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1 SECTION 3 4. SECTION 2947 OF TITLE 42 IS REENACTED AND <--
2 AMENDED TO READ:
3 § 2947. FEES.
4 [(A) GENERAL RULE.--CONSTABLES AND DEPUTY CONSTABLES SHALL
5 BE COMPENSATED FOR PERFORMING JUDICIAL DUTIES BY THE PAYMENT OF
6 FEES AS SET FORTH IN THIS SECTION AND SHALL BE PAID ACCORDING TO
7 LAW FOR PERFORMING OTHER DUTIES.]
8 (B) TRAVEL OR MILEAGE.--ACTUAL MILEAGE FOR TRAVEL BY MOTOR
9 VEHICLE SHALL BE REIMBURSED AT A RATE EQUAL TO THE HIGHEST RATE
10 ALLOWED BY THE INTERNAL REVENUE SERVICE. IF TRAVEL IS BY OTHER
11 THAN MOTOR VEHICLE, REIMBURSEMENT SHALL BE FOR ACTUAL, VOUCHERED
12 TRAVEL EXPENSES.
13 (C) APPORTIONMENT.--IF MORE THAN ONE DEFENDANT IS
14 TRANSPORTED SIMULTANEOUSLY, REIMBURSEMENTS SHALL BE FOR ACTUAL
15 MILES TRAVELED, AND THE COST SHALL BE DIVIDED BETWEEN OR AMONG
16 THE DEFENDANTS.
17 (D) ADDITIONAL PERSONS.--A CONSTABLE OR DEPUTY CONSTABLE,
18 WHEN HE IS TRANSPORTING A PRISONER, SERVING A WARRANT IN A COURT
19 CASE OR SERVING A WARRANT ON A DEFENDANT OF THE OPPOSITE SEX,
20 MAY, AT HIS DISCRETION, BE ACCOMPANIED BY A SECOND CONSTABLE OR
21 DEPUTY CONSTABLE [WHO IS CERTIFIED PURSUANT TO SECTION 2943
22 (RELATING TO CERTIFICATION) TO PERFORM JUDICIAL DUTIES]. IN SUCH
23 CASES, EACH OFFICER SHALL RECEIVE THE FEE SET OUT IN THIS
24 SECTION. IN ALL OTHER CIVIL AND CRIMINAL CASES, THE ISSUING
25 AUTHORITY MAY AUTHORIZE SUCH PAYMENT TO A SECOND SUCH OFFICER.
26 (E) CIVIL CASES.--IN CIVIL CASES, CONSTABLE FEES MUST BE
27 PAID IN ADVANCE TO THE COURT FOR SERVICES DESIRED TO BE
28 PERFORMED. SUCH FEES SHALL NOT BE REFUNDABLE TO THE PLAINTIFF IF
29 A CASE IS SETTLED OR A DEBT IS SATISFIED LESS THAN 48 HOURS
30 PRIOR TO A SCHEDULED SALE OR EJECTMENT, IN WHICH LATTER CASE THE
19910H0301B3916 - 9 -
1 CONSTABLE OR DEPUTY CONSTABLE SHALL BE PAID FOR [A NONFORCIBLE]
2 HOLDING THE SALE OR CARRYING OUT AN EJECTMENT, RESPECTIVELY.
3 (F) PAYMENT.--FEES SHALL BE PAID BY THE COURT TO THE
4 CONSTABLE AS SOON AS POSSIBLE AND IN EVERY CASE NOT MORE THAN
5 [30] 15 DAYS AFTER THE LATTER OF THE FOLLOWING OCCURS:
6 (1) THE SERVICE IS PERFORMED; AND
7 (2) THE REQUEST FOR PAYMENT IS SUBMITTED.
8 (G) SPECIFIC FEES.--FEES IN CIVIL CASES SHALL BE AS FOLLOWS:
9 (1) FOR SERVING COMPLAINT, SUMMONS OR NOTICE ON SUITOR
10 OR TENANT, EITHER PERSONALLY OR BY LEAVING A COPY, $10 PLUS
11 $5 FOR EACH ADDITIONAL DEFENDANT AT THE SAME ADDRESS.
12 [(2) FOR SERVING SUBPOENAS, $10 FOR THE FIRST WITNESS
13 PLUS $2.50 FOR EACH ADDITIONAL WITNESS AT THE SAME ADDRESS.]
14 (3) FOR LEVYING GOODS, INCLUDING SCHEDULE OF PROPERTY
15 LEVIED UPON AND SET ASIDE, $35.
16 (4) FOR ADVERTISING PERSONAL PROPERTY TO PUBLIC SALE, $5
17 PER POSTING (MAXIMUM OF $15) PLUS ACTUAL COST OF ADVERTISING.
18 (5) FOR SELLING GOODS LEVIED, $35.
19 (6) FOR CLERK HIRED AT SALES, $20.
20 (7) FOR MAKING RETURN OF NOT FOUND OR NULLA BONA (NO
21 GOODS), $10.
22 (8) FOR EXECUTING ORDER OF POSSESSION, $10.
23 (9) FOR [NONFORCIBLE] EJECTMENT [ON ORDER OF POSSESSION,
24 $35], $70.
25 [(10) FOR FORCIBLE EJECTMENT, $70.] <--
26 (11) FOR MAKING RETURN OF SERVICE, OTHER THAN NOT FOUND
27 OR NULLA BONA (NO GOODS), $2.50.
28 (12) FOR PROVIDING [COURT-ORDERED] COURTROOM SECURITY AS
29 ORDERED, $10 PER HOUR, PRORATED TO THE NEAREST WHOLE DOLLAR,
30 ASSESSED AGAINST ONE OR MORE PARTIES AS DETERMINED BY THE
19910H0301B3916 - 10 -
1 COURT.
2 (H) CRIMINAL CASES.--FEES IN CRIMINAL CASES SHALL BE AS
3 FOLLOWS:
4 (1) FOR EXECUTING A WARRANT OR FOR EFFECTUATING THE
5 PAYMENT OF FINES AND COSTS BY ATTEMPTING TO EXECUTE A
6 WARRANT, $15 PER WARRANT.
7 (2) FOR TAKING CUSTODY OF A DEFENDANT, $5 PER DEFENDANT.
8 (3) FOR CONVEYANCE OF DEFENDANT TO OR FROM COURT, $5 PER
9 DEFENDANT.
10 (4) FOR ATTENDANCE AT ARRAIGNMENT OR HEARING, $5 PER
11 DEFENDANT.
12 (5) FOR EXECUTING DISCHARGE, $5 PER DEFENDANT.
13 (6) FOR EXECUTING COMMITMENT, $5 PER DEFENDANT
14 (7) FOR EXECUTING RELEASE, $5 PER DEFENDANT.
15 (8) FOR MAKING RETURNS TO THE COURT [OF PROCESS SERVED
16 OR NON EST INVENTUS (NOT FOUND)], $2.50.
17 (9) [PURSUANT TO A POLICY ESTABLISHED BY THE PRESIDENT
18 JUDGE] FOR HOLDING A DEFENDANT WHILE AWAITING THE ARRIVAL OF
19 THE DISTRICT JUSTICE AT THE OFFICE OF THE DISTRICT JUSTICE,
20 $10 PER DEFENDANT PER HOUR BEYOND THE FIRST HALF HOUR,
21 ASSESSED TO THE COURT.
22 (10) FOR CONVEYING DEFENDANTS FOR FINGERPRINTING, $5 PER
23 DEFENDANT.
24 (11) FOR FINGERPRINTING OR OVERSEEING THE FINGERPRINTING
25 OF DEFENDANTS AT THE DIRECTION OF THE DISTRICT JUSTICE, [$5]
26 $10 PER DEFENDANT, PLUS $10 PER DEFENDANT PER HOUR BEYOND THE
27 FIRST HALF HOUR.
28 (12) FOR PROVIDING [COURT-ORDERED] COURTROOM SECURITY AS
29 ORDERED, $10 PER HOUR, PRORATED TO THE NEAREST WHOLE DOLLAR,
30 ASSESSED AGAINST ONE OR MORE PARTIES AS DETERMINED BY THE
19910H0301B3916 - 11 -
1 COURT.
2 (13) FOR SERVING SUBPOENAS, $10 FOR THE FIRST WITNESS,
3 PLUS $2.50 FOR EACH ADDITIONAL WITNESS AT THE SAME ADDRESS.
4 THE SAME FEE SHALL BE PAYABLE FOR ATTEMPTING TO SERVE A
5 SUBPOENA AT A WRONG ADDRESS SUPPLIED BY THE PARTY REQUESTING
6 THE SERVICE.
7 (I) SIMILAR FEES.--FOR CIVIL AND CRIMINAL SERVICES NOT
8 SPECIFICALLY PROVIDED FOR, THE COURT SHALL PAY THE SAME FEES AS
9 IT PAYS FOR SERVICES THAT IT DETERMINES TO BE SIMILAR TO THOSE
10 PERFORMED.
11 (J) ASSESSMENT BY COURT.--IN ALL CRIMINAL CASES WHEREIN THE
12 DEFENDANT IS DISCHARGED OR INDIGENT, OR THE CASE IS OTHERWISE
13 DISMISSED, THE COURT SHALL ASSESS TO THE COUNTY THE FEE [AND THE
14 SURCHARGE] PROVIDED IN [SUBSECTION (L)] THIS SECTION, EXCEPT
15 THAT, IN CASES OF PRIVATE CRIMINAL COMPLAINTS WHEREIN THE
16 DEFENDANT IS DISCHARGED PRIOR TO THE INDICTMENT OR THE FILING OF
17 ANY INFORMATION OR THE CASE IS OTHERWISE DISMISSED AT THE
18 SUMMARY OFFENSE HEARING, THE COURT SHALL ASSESS THE FEE [AND
19 SURCHARGE] TO THE AFFIANT.
20 [(K) ADJUSTMENT OF FEES.--THE ADMINISTRATIVE OFFICE MAY
21 RAISE THE ABOVE FEES AND ADD NEW CATEGORIES AND FEES FROM TIME
22 TO TIME AS IT DEEMS FAIR AND JUST FOR THE PERFORMANCE OF
23 JUDICIAL DUTIES PROVIDED BY LAW.
24 (L) SURCHARGE.--THERE IS HEREBY ASSESSED A SURCHARGE OF $2
25 ON EACH FEE PAYABLE FOR THE PERFORMANCE OF JUDICIAL DUTIES TO
26 EVERY CONSTABLE OR DEPUTY CONSTABLE WHO IS CERTIFIED PURSUANT TO
27 SECTION 2943 TO PERFORM JUDICIAL DUTIES. THIS SURCHARGE IS
28 IMPOSED ON EACH INDIVIDUAL SERVICE FOR WHICH A FEE IS PROVIDED,
29 INCLUDING EACH HOUR FOR WHICH AN HOURLY RATE IS TO BE PAID.
30 MONEYS COLLECTED PURSUANT TO THIS SUBSECTION SHALL BE TURNED
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1 OVER MONTHLY BY THE ISSUING AUTHORITY TO THE COUNTY TREASURER OF
2 THE COUNTY IN WHICH THE ISSUING AUTHORITY SERVES.
3 (M) SPECIAL ACCOUNT.--THERE IS HEREBY ESTABLISHED A SPECIAL
4 RESTRICTED RECEIPTS ACCOUNT WITHIN THE GENERAL FUND OF THE STATE
5 TREASURY, WHICH SHALL BE KNOWN AS THE CONSTABLES' EDUCATION AND
6 TRAINING ACCOUNT, FOR THE PURPOSE OF FINANCING EXPENSES AND
7 COSTS OF ADMINISTRATION BY THE BOARD AND OTHER DIRECT COSTS
8 ASSOCIATED WITH THE PROGRAM AND CONTINUING EDUCATION COURSES
9 ESTABLISHED PURSUANT TO THIS SUBCHAPTER. NO FUNDS FROM THIS
10 SPECIAL ACCOUNT SHALL BE USED EXCEPT FOR COSTS ASSOCIATED WITH
11 THE PROGRAM AND CONTINUING EDUCATION COURSES ESTABLISHED
12 PURSUANT TO THIS SUBCHAPTER AND IN NO EVENT SHALL BE USED BY THE
13 COURT ADMINISTRATOR OR THE ADMINISTRATIVE OFFICE OF THE
14 PENNSYLVANIA COURTS FOR ANY PURPOSE WHATSOEVER.
15 (N) DISPOSITION OF FUNDS.--THE MONEYS COLLECTED BY COUNTY
16 TREASURERS UNDER SUBSECTION (L) SHALL BE FORWARDED MONTHLY BY
17 EACH COUNTY TREASURER TO THE DEPARTMENT OF REVENUE FOR DEPOSIT
18 INTO THE SPECIAL ACCOUNT. NONE OF THESE MONEYS SHALL BE
19 TRANSFERRED BY THE STATE TREASURER TO ANOTHER ACCOUNT OR FUND.
20 (O) APPROPRIATIONS.--
21 (1) FOR THE 1990-1991 FISCAL YEAR, ALL MONEYS DEPOSITED
22 IN THE SPECIAL ACCOUNT ESTABLISHED UNDER SUBSECTION (M) ARE
23 HEREBY APPROPRIATED TO THE COURT ADMINISTRATOR OF
24 PENNSYLVANIA TO BE USED FOR THE CONSTABLE EDUCATION AND
25 TRAINING PROGRAM AS SET FORTH IN SUBSECTION (M).
26 (2) FOR THE FISCAL YEAR BEGINNING JULY 1, 1991, AND EACH
27 YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO
28 THE COURT ADMINISTRATOR OF PENNSYLVANIA FROM THE SPECIAL
29 ACCOUNT ESTABLISHED UNDER SUBSECTION (M) SUCH FUNDS AS MAY BE
30 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.
19910H0301B3916 - 13 -
1 (P) DISBURSEMENTS.--DISBURSEMENTS FROM THE ACCOUNT SHALL BE
2 MADE ONLY BY THE ADMINISTRATIVE OFFICE.
3 (Q) AUDIT.--THE AUDITOR GENERAL SHALL CONDUCT AN AUDIT OF
4 THE ACCOUNT AS HE MAY DEEM NECESSARY OR ADVISABLE FROM TIME TO
5 TIME.]
6 SECTION 4 5. (A) THE FOLLOWING ACTS AND PARTS OF ACTS ARE <--
7 REPEALED:
8 SECTION 1 OF THE ACT OF JULY 20, 1917 (P.L.1158, NO.401),
9 REFERRED TO AS THE CONSTABLE FEE LAW.
10 SECTION 24(D) AND (E) OF THE ACT OF JULY 9, 1976 (P.L.586,
11 NO.142), KNOWN AS THE JUDICIARY ACT OF 1976.
12 (B) THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED INSOFAR <--
13 AS THEY RELATE TO FEES COLLECTED BY CLERKS OF ORPHANS' COURTS OF
14 COUNTIES OF THE FIRST CLASS:
15 SECTION 24(A) OF THE ACT OF JULY 9, 1976 (P.L.586, NO.142),
16 KNOWN AS THE JUDICIARY ACT OF 1976.
17 42 PA.C.S. § 1725.
18 (B) (C) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED <--
19 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
20 Section 3 5. This act shall take effect in 60 days. <--
21 SECTION 6. THE ADDITION OF 42 PA.C.S. § 1725.3 SHALL APPLY <--
22 TO OFFENSES COMMITTED ON OR AFTER THE EFFECTIVE DATE OF THIS
23 ACT.
24 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
25 (1) THE ADDITION OF 42 PA.C.S. § 1725.3 SHALL TAKE
26 EFFECT IMMEDIATELY.
27 (2) THE AMENDMENT OF 42 PA.C.S. § 2947 SHALL TAKE EFFECT
28 IN 30 DAYS.
29 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
30 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
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1 DAYS.
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