PRINTER'S NO. 1164
No. 1018 Session of 2005
INTRODUCED BY TANGRETTI, BELARDI, BELFANTI, CASORIO, DENLINGER,
DeWEESE, FAIRCHILD, FREEMAN, GEIST, GEORGE, GRUCELA, HARHAI,
HENNESSEY, KOTIK, McGEEHAN, PETRARCA, REICHLEY, SANTONI,
SOLOBAY, STURLA, WALKO, JAMES, LEDERER, R. MILLER, PISTELLA,
ROSS, SHANER, STERN, E. Z. TAYLOR AND WANSACZ, MARCH 16, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2005
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.--In
12 addition to fines, penalties and costs, a person shall, in every
13 case, be sentenced to pay a municipal police start-up fee if he:
14 (1) Is placed on probation without verdict pursuant to
15 section 17 of the act of April 14, 1972 (P.L.233, No.64),
16 known as The Controlled Substance, Drug, Device and Cosmetic
17 Act.
18 (2) Receives Accelerated Rehabilitative Disposition for,
1 pleads guilty to or nolo contendere to, or is convicted of a
2 crime under the following:
3 (i) 18 Pa.C.S. § 106 (relating to classes of
4 offenses).
5 (ii) 75 Pa.C.S § 3735 (relating to homicide by
6 vehicle while driving under influence).
7 (iii) 75 Pa.C.S. § 3802 (relating to driving under
8 influence of alcohol or controlled substance).
9 (iv) A violation of The Controlled Substance, Drug,
10 Device and Cosmetic Act.
11 (b) Amount of municipal police start-up fee.--
12 (1) The fee shall be $50 where, in accordance with
13 subsection (a), probation is imposed, a plea is entered, or a
14 conviction is obtained for a felony.
15 (2) The fee shall be $25 where, in accordance with
16 subsection (a), probation is imposed, a plea is entered, or a
17 conviction is obtained for a misdemeanor.
18 (c) Disposition of municipal police start-up fee.--The
19 municipal police start-up fee shall be paid into a special
20 nonlapsing fund of the State Treasury, which is hereby
21 established and shall be known as the Municipal Police Start-up
22 Fee Fund. Money in the Municipal Police Start-up Fee Fund is
23 hereby appropriated to the Department of Community and Economic
24 Development and shall be used solely for providing grants to
25 municipalities which do not have a municipal police department,
26 do not participate in a regional police department, and do not
27 purchase police services from another municipal or regional
28 entity.
29 (d) Grants.--Grants provided under subsection (c) are to be
30 used for the purpose of providing start-up or seed money to
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1 qualifying municipalities that wish to establish a municipal
2 police department, join a regional police department, or
3 purchase police services from another municipal or regional
4 entity.
5 (e) Other laws.--The municipal police start-up fee shall be
6 imposed notwithstanding any other provision of law to the
7 contrary.
8 Section 2. This act shall take effect in 60 days.
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