PRINTER'S NO. 1271
No. 1080 Session of 2003
INTRODUCED BY TANGRETTI, ROSS, COY, DALLY, BELARDI, BELFANTI, BROWNE, BUNT, CAPPELLI, CAWLEY, CIVERA, CORRIGAN, CRUZ, DAILEY, DALEY, DeWEESE, FRANKEL, FREEMAN, GEIST, GRUCELA, HARHAI, HARHART, HENNESSEY, HORSEY, KOTIK, LAUGHLIN, MARSICO, McCALL, McGEEHAN, R. MILLER, PISTELLA, READSHAW, SHANER, SOLOBAY, STURLA, THOMAS AND WANSACZ, APRIL 8, 2003
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2003
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, imposing surcharges on 3 criminal convictions to fund start-up costs for 4 municipalities desiring to create police departments; and 5 establishing the Municipal Police Start-up Fee Fund. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Title 42 of the Pennsylvania Consolidated 9 Statutes is amended by adding a section to read: 10 § 1725.5. Municipal police start-up fee. 11 (a) Imposition of municipal police start-up fee.--A person 12 who is placed on probation without verdict pursuant to section 13 17 of the act of April 14, 1972 (P.L.233, No.64), known as The 14 Controlled Substance, Drug, Device and Cosmetic Act, or who 15 receives Accelerated Rehabilitative Disposition or who pleads 16 guilty to or nolo contendere to or who is convicted of a crime 17 as defined in 18 Pa.C.S. § 106 (relating to classes of offenses)
1 or 75 Pa.C.S. § 3731 (relating to driving under influence of 2 alcohol or controlled substance) or 3735 (relating to homicide 3 by vehicle while driving under influence) or a violation of The 4 Controlled Substance, Drug, Device and Cosmetic Act shall, in 5 addition to any fines, penalties or costs, in every case be 6 sentenced to pay a municipal police start-up fee. 7 (b) Amount of municipal police start-up fee.--Where, in 8 accordance with subsection (a), probation is imposed, a plea is 9 entered, or conviction obtained for a felony, the fee shall be 10 $50; and where, in accordance with subsection (a), probation is 11 imposed, a plea is entered, or conviction is obtained for 12 misdemeanor, the fee shall be $25. 13 (c) Disposition of municipal police start-up fee.--The 14 municipal police start-up fee shall be paid into a special 15 nonlapsing fund of the State Treasury, which is hereby 16 established and shall be known as the Municipal Police Start-up 17 Fee Fund. Money in the Municipal Police Start-up Fee Fund is 18 hereby appropriated to the Department of Community and Economic 19 Development and shall be used solely for providing grants to 20 municipalities which do not have a municipal police department, 21 do not participate in a regional police department, and do not 22 purchase police services from another municipal or regional 23 entity, which grants are to be used for the purpose of providing 24 start-up or seed money to qualifying municipalities that wish to 25 establish a municipal police department, join a regional police 26 department, or purchase police services from another municipal 27 or regional entity. 28 (d) Other laws.--The municipal police start-up fee shall be 29 imposed notwithstanding any other provision of law to the 30 contrary. 20030H1080B1271 - 2 -
1 Section 2. This act shall take effect in 60 days. L30L42MEP/20030H1080B1271 - 3 -