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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CONKLIN, READSHAW, HORNAMAN, KORTZ, STERN, BELFANTI, PASHINSKI AND BOYD, MARCH 11, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, imposing a surcharge in |
3 | cases involving local police action. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 42 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3576. Surcharge. |
9 | (a) Levy and imposition.--In addition to any fines, fees or |
10 | penalties levied or imposed as provided by law, under this title |
11 | or any other statute, a surcharge shall be levied for |
12 | disposition in accordance with this section as follows: |
13 | (1) Upon conviction for a violation of the following |
14 | provisions of 18 Pa.C.S. (relating to crimes and offenses) |
15 | when prosecution of the offense is the result of local police |
16 | action, a surcharge of $200: |
17 | Section 5503 (relating to disorderly conduct). |
18 | Section 5505 (relating to public drunkenness and |
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1 | similar misconduct). |
2 | Section 6307 (relating to misrepresentation of age to |
3 | secure liquor or malt or brewed beverages). |
4 | Section 6308 (relating to purchase, consumption, |
5 | possession or transportation of liquor or malt or brewed |
6 | beverages). |
7 | Section 6309 (relating to representing that minor is |
8 | of age). |
9 | Section 6310 (relating to inducement of minors to buy |
10 | liquor or malt or brewed beverages). |
11 | Section 6310.1 (relating to selling or furnishing |
12 | liquor or malt or brewed beverages to minors). |
13 | (2) Upon conviction for a violation of 75 Pa.C.S. Ch. 38 |
14 | (relating to driving after imbibing alcohol or utilizing |
15 | drugs) when prosecution of the offense is the result of local |
16 | police action, a surcharge of $200. |
17 | (b) Disposition.-- |
18 | (1) Notwithstanding the provisions of sections 3571 |
19 | (relating to Commonwealth portion of fines, etc.) and 3573 |
20 | (relating to municipal corporation portion of fines, etc.), |
21 | all surcharges levied and collected under subsection (a) by |
22 | any division of the unified judicial system existing under |
23 | section 1 of Article V of the Constitution of Pennsylvania |
24 | and section 301 (relating to unified judicial system) shall |
25 | be remitted for deposit to the municipal corporation where |
26 | the local police action occurred, provided that the municipal |
27 | corporation has adopted an ordinance under subsection (c). |
28 | (2) The surcharges levied and collected under subsection |
29 | (a) shall not be deposited for the credit or use of, or |
30 | otherwise allocated, directed or paid to, any entity other |
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1 | than a municipal corporation in accordance with this section. |
2 | (c) Ordinance and use of funds.--A municipal corporation may |
3 | adopt an ordinance to authorize the deposit and use of the |
4 | surcharges under subsection (a) when prosecution of the offense |
5 | is the result of local police action. All money collected under |
6 | this section shall be dedicated by the municipal corporation to |
7 | support programs that promote public safety or protection, |
8 | including, but not limited to, police and fire departments that |
9 | serve the municipal corporation. |
10 | Section 2. This act shall take effect in 60 days. |
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