PRINTER'S NO. 1303
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
941
Session of
2017
INTRODUCED BY STREET, RESCHENTHALER, TARTAGLIONE AND FARNESE,
OCTOBER 31, 2017
REFERRED TO JUDICIARY, OCTOBER 31, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in facilities and
supplies, further providing for surcharge; and, in
forfeitures, providing for legal representation in forfeiture
proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3733.1(a) and (c) of Title 42 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
§ 3733.1. Surcharge.
(a) Imposition of surcharge.--In addition to each fee
imposed under section 3733(a.1) (relating to deposits into
account), except as set forth in subsection (b), the following
apply:
* * *
(4) A permanent fee of $2.25 shall be charged and
collected on a filing relating to a civil action.
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(c) Allocation and appropriation.--
* * *
(4) The fee under subsection (a)(4) shall be collected
and paid in accordance with section 3572 (relating to county
portion of fines, etc.) and used in accordance with section
6803 (relating to legal representation in forfeiture
proceedings).
Section 2. Title 42 is amended by adding a section to read:
§ 6803. Legal representation in forfeiture proceedings.
Notwithstanding the act of December 2, 1968 (P.L.1144,
No.358), known as the Public Defender Act , the following apply:
(1) If a person with standing files a claim to contest
the forfeiture of property in a forfeiture proceeding under
this chapter and is financially unable to obtain legal
representation by an attorney and the property subject to
forfeiture is real property, the court of common pleas having
jurisdiction over the property, at the request of the person,
shal l provide the person with an attorney for the purpose of
providing legal representation with respect to the claim.
(2) If a person with standing who has not been charged
in a related criminal case files a claim to contest the
forfeiture of property in a forfeiture proceeding under this
chapter and is financially unable to obtain legal
representation by an attorney, the court of common pleas
having jurisdiction may provide the person with an attorney
for the purpose of providing legal representation with
respect to the claim.
(3) In determining whether to provide legal
representation under this section, the court of common pleas
having jurisdiction shall take into account the following
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factors:
(i) the person's standing to file a claim to contest
the forfeiture; and
(ii) whether the claim appears to be made in good
faith.
(4) Each county in this Commonwealth shall develop
procedures and use funds received from the fee authorized in
section 3733.1(a)(4) (relating to surcharge) for the purpose
of administering this section.
Section 3. This act shall take effect in 60 days.
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