1Urging the Supreme Court of Pennsylvania to examine the issue of
2incarceration for failure to pay fines and costs for truancy
3violations.

4WHEREAS, The Public School Code of 1949 holds parents and
5guardians legally responsible for a child's truancy and levies
6fines for violations of the law; and

7WHEREAS, The Public School Code of 1949 allows for
8incarceration for a period not exceeding five days for the
9default of payment of fines and costs or completion of a
10parenting program resulting from a truancy violation; and

11WHEREAS, In January, the Criminal Procedural Rules Committee
12of the Supreme Court posted for public comment proposed
13amendments to the Rules of Criminal Procedure to address
14concerns regarding the practice of incarcerating defendants for
15failing to post collateral while awaiting summary trials; and

16WHEREAS, The rule changes seek to address frustration the
17courts are experiencing with defendants who fail to appear or

1pay appropriately levied fines and costs or both; and

2WHEREAS, The rule changes aim to more equitably balance the
3interests of the courts in ensuring a defendant meets his or her
4obligation with the need to avoid unduly harsh methods of
5enforcement; and

6WHEREAS, The General Assembly has the constitutional
7authority to make statutory changes to address the issue of
8incarceration for truancy cases, and the Supreme Court has the
9constitutional supervisory and administrative responsibility to
10promulgate necessary rules of procedure; and

11WHEREAS, Together, the branches of government can formulate
12complementary statutes, rules, policies and procedures to
13adequately address the issue of inappropriate incarceration for
14truancy violations; therefore be it

15RESOLVED, That the House of Representatives urge the Supreme
16Court of Pennsylvania to examine the issue of incarceration for
17failure to pay fines and costs for truancy violations; and be it
18further

19RESOLVED, That a copy of this resolution be transmitted to
20the Supreme Court of Pennsylvania.