AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for
3criminal laboratory user fee.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 1725.3(b) and (c) of Title 42 of the
7Pennsylvania Consolidated Statutes are amended to read:

8§ 1725.3. Criminal laboratory user fee.

9* * *

10(b) Amount of user fee.--

11(1) [Where the prosecution is conducted in a county of
12the first class or a county of the second class and the
13county operates a county laboratory that has provided
14services in the prosecution, the] The director or similar
15officer of the county laboratory that has provided services 
16in the prosecution shall determine the actual cost of the
17laboratory services provided in the prosecution and transmit

1a statement for services rendered to the court. [If a county
2of the first class or a county of the second class does not
3operate a county laboratory and laboratory services in the
4prosecution were provided by the Pennsylvania State Police,
5the fee shall be determined under paragraph (2).]

6(2) [Where the prosecution is conducted in a county
7other than a county of the first class or a county of the
8second class and] If a Pennsylvania State Police laboratory
9has provided services in the prosecution, the director or
10similar officer of the Pennsylvania State Police laboratory
11shall determine the actual cost of the laboratory services
12provided in the prosecution and transmit a statement for
13services rendered to the court.

14(c) Disposition of fees.--

15(1) [In a county of the first class or a county of the
16second class that operates a county laboratory, the] The 
17criminal laboratory user fee for criminal laboratory services 
18provided by a county shall be paid to the county and shall be
19used solely for operation and maintenance of the county
20laboratory. [If a county of the first class or a county of
21the second class does not operate a county laboratory, the] 
22The criminal laboratory user fee for criminal laboratory 
23services provided by the Pennsylvania State Police laboratory
24shall be paid into the Criminal Laboratory User Fee Fund
25created under paragraph (2).

26(2) [In a county other than a county of the first class
27or a county of the second class or where a county of the
28first class or a county of the second class does not operate
29a county laboratory, the criminal laboratory user fee shall
30be paid into a] A special nonlapsing fund of the State

1Treasury[, which] is hereby established and shall be known as
2the Criminal Laboratory User Fee Fund. Money in the Criminal
3Laboratory User Fee Fund is hereby appropriated to the
4Pennsylvania State Police and shall be used solely for
5operation and maintenance of Pennsylvania State Police
6criminal laboratories.

7* * *

8Section 2. This act shall take effect in 60 days.