PRINTER'S NO. 788
No. 695 Session of 2005
INTRODUCED BY BROWNE, THOMAS, BENNINGHOFF, BUXTON, CALTAGIRONE,
CRAHALLA, GEIST, GEORGE, GRUCELA, HENNESSEY, JAMES, KILLION,
MACKERETH, PETRI, QUIGLEY, SCAVELLO, SCHRODER, SEMMEL, WALKO,
WATSON, YOUNGBLOOD, HARPER AND ROSS, MARCH 1, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, establishing the Criminal
3 Justice System Enhancement Account; providing for utilization
4 of money in the account; establishing a criminal justice
5 system enhancement fee; and imposing powers and duties on the
6 Department of Community and Economic Development.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Chapter 37 of Title 42 of the Pennsylvania
10 Consolidated Statutes is amended by adding a subchapter to read:
11 SUBCHAPTER D
12 CRIMINAL JUSTICE SYSTEM ENHANCEMENT
13 Sec.
14 3741. Establishment of restricted receipt account.
15 3742. Utilization of funds in account.
16 3743. Deposits into account.
17 § 3741. Establishment of restricted receipt account.
18 There is hereby established within the General Fund a
19 restricted receipt account to be known as the Criminal Justice
1 System Enhancement Account.
2 § 3742. Utilization of funds in account.
3 All moneys deposited into the Criminal Justice System
4 Enhancement Account are appropriated to the Department of
5 Community and Economic Development and shall be used to make
6 grants for the following purposes:
7 (1) Thirty-five percent of available funds to law
8 enforcement agencies to maintain arrest and arraignment
9 systems and future criminal data systems and services. Funds
10 received under this paragraph which are unused as of the end
11 of the grant period shall be returned to the Department of
12 Community and Economic Development and redistributed to other
13 grantees under this paragraph.
14 (2) Sixty-five percent of available funds to the
15 Pennsylvania Commission for Community Colleges or any
16 successor organization for enhancement of local criminal
17 justice system policies, procedures and work processes, which
18 may include criminal case processing, offender processing,
19 victim and witness notification and activities related to
20 homeland security. Funds received under this paragraph which
21 are unused as of the end of the grant period shall be
22 returned to the Department of Community and Economic
23 Development and redistributed to other grantees under this
24 paragraph.
25 § 3743. Deposits into account.
26 Unless the court finds that undue hardship would result, a
27 mandatory fee of $20, which shall be in addition to any other
28 costs imposed by law, shall be assessed automatically on any
29 individual convicted, granted Accelerated Rehabilitative
30 Disposition or pleading guilty or nolo contendere to violating
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1 the act of April 14, 1972 (P.L.233, No.64), known as The
2 Controlled Substance, Drug, Device and Cosmetic Act, 18 Pa.C.S.
3 (relating to crimes and offenses) or 75 Pa.C.S. Ch. 38 (relating
4 to driving after imbibing alcohol or utilizing drugs). The fee
5 shall be deposited into the Criminal Justice System Enhancement
6 Account. Up to 5% of the fee may be retained by the county for
7 administrative costs related to collecting the fee.
8 Section 2. This act shall take effect immediately.
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