AN ACT

 

1Amending the act of November 24, 1998 (P.L.882, No.111),
2entitled "An act providing for victims' rights; imposing
3penalties; establishing remedies; establishing the Office of
4Victim Advocate, the Bureau of Victims' Services, the
5Victims' Services Advisory Committee, the State Offender
6Supervision Fund and other funds; and making repeals," in
7financial matters, further providing for costs.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 1101 of the act of November 24, 1998
11(P.L.882, No.111), known as the Crime Victims Act, amended June
1228, 2002 (P.L.496, No.85), is amended to read:

13Section 1101. Costs.

14(a) Imposition.--

15(1) A person who pleads guilty or nolo contendere or who
16is convicted of a crime shall, in addition to costs imposed
17under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion
18of fines, etc.), pay costs of at least [$60] $110 and may be
19sentenced to pay additional costs in an amount up to the
20statutory maximum monetary penalty for the offense committed.

1(2) A person placed in a diversionary program shall pay
2costs of at least [$60] $110 in addition to costs imposed
3pursuant to 42 Pa.C.S. § 3571(c).

4(3) A juvenile shall pay costs of at least [$25] $35 if
5any of the following apply to the case:

6(i) There is a consent decree.

7(ii) There is an adjudication of delinquency.

8(b) Disposition.--

9(1) There is established a special nonlapsing fund,
10known as the Crime Victim's Compensation Fund. This fund
11shall be used by the Office of Victims' Services for payment
12to claimants and technical assistance. [Thirty-five] Fifty-
13five dollars of the costs imposed under subsection (a)(1) and
14(2) plus 30% of the costs imposed under subsection (a)(1)
15which exceed [$60] $110 shall be paid into this fund. All
16costs imposed under subsection (a)(3) shall be paid into this
17fund.

18(2) There is established a special nonlapsing fund,
19known as the Victim Witness Services Fund. This fund shall be
20used by the commission for victim-witness services and
21technical assistance in nonvictim compensation-related areas
22in accordance with this section. [Twenty-five] Fifty-five
23dollars of the costs imposed under subsection (a)(1) and (2)
24plus 70% of the costs imposed under subsection (a)(1) and (2)
25which exceed [$60] $110 shall be paid into this fund.

26(c) Payment.--This cost shall be imposed notwithstanding any
27statutory provision to the contrary.

28(d) Mandamus.--The district attorney, the Office of Victims'
29Services, the commission or any victim shall have standing to
30seek a mandamus order requiring the county to collect the costs

1imposed by this section.

2(e) Court order.--No court order shall be necessary in order
3for the defendant to incur liability for costs under this
4section. Costs under this section must be paid in order for the
5defendant to be eligible for probation, parole or accelerated
6rehabilitative disposition.

7Section 2. This act shall take effect in 60 days.