Regular Session 2021-2022 Senate Bill 1208 P.N. 2006

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1620, 1926

PRINTER'S NO. 2006

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1208

Session of

2022

INTRODUCED BY BROWNE, MARTIN, MENSCH, BOSCOLA, STEFANO AND

CAPPELLETTI, APRIL 28, 2022

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

OCTOBER 25, 2022

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in sentencing, further

providing for COLLECTION OF RESTITUTION, REPARATION, FEES,

COSTS, FINES AND PENALTIES, FOR payment of court costs,

restitution and fines and for collection of court costs,

restitution and fines by private collection agency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9730(a) and (b)(3) and (4) of Title 42 of

the Pennsylvania Consolidated Statutes are amended and

subsection (b) is amended by adding paragraphs to read:

SECTION 1. SECTION 9728(G.1) OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

§ 9728. COLLECTION OF RESTITUTION, REPARATION, FEES, COSTS,

FINES AND PENALTIES.

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(G.1) PAYMENT.--NO LESS THAN 50% OF ALL MONEYS COLLECTED BY

THE COUNTY PROBATION DEPARTMENT OR OTHER AGENT DESIGNATED BY THE

COUNTY COMMISSIONERS OF THE COUNTY WITH THE APPROVAL OF THE

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PRESIDENT JUDGE OF THE COUNTY PURSUANT TO SUBSECTION (B)(1) AND

DEDUCTED PURSUANT TO SUBSECTION (B)(5) SHALL, UNTIL THE

SATISFACTION OF THE DEFENDANT'S RESTITUTION OBLIGATION, BE USED

TO PAY RESTITUTION TO VICTIMS. ANY REMAINING MONEYS SHALL BE

USED TO PAY THE COSTS IMPOSED UNDER SECTION 1101 OF THE ACT OF

NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS

ACT, UNTIL SATISFACTION OF THE DEFENDANT'S SECTION 1101 COSTS

OBLIGATION, AND THEN SHALL BE USED TO PAY FEES, COSTS, FINES,

PENALTIES AND OTHER COURT-ORDERED OBLIGATIONS.

* * *

SECTION 2. SECTION 9730(A) AND (B)(3) AND (4) OF TITLE 42

ARE AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING PARAGRAPHS

TO READ:

SECTION 1. SECTION 9730(A) AND (B)(3) AND (4) OF TITLE 42 OF

THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND

SUBSECTION (B) IS AMENDED BY ADDING PARAGRAPHS TO READ:

§ 9730. Payment of court costs, restitution and fines.

(a) Method of payment.--The treasurer of each county [may]

shall allow the use of credit cards, debit cards and bank cards

in the payment of court costs, restitution and fines and may

provide for automatic periodic deductions from a bank account,

subject to the agreement of the owner of the account.

(b) Procedures regarding default.--

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(2.1) If the issuing authority, senior judge or senior

(2.1) (I) IF THE ISSUING AUTHORITY, SENIOR JUDGE OR

SENIOR magisterial district judge schedules a financial

determination hearing for the defendant and provides

notice to the defendant of the hearing, but the defendant

fails to appear at the financial determination hearing,

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the issuing authority, senior judge or senior magisterial

district judge may turn the delinquent account over to a

private collection agency or the county's collection

enforcement unit as set forth under section 9728

(relating to collection of restitution, reparation, fees,

costs, fines and penalties) , as provided by law.

(2.2) If the defendant has a delinquent account turned

(II) IN EACH COMMUNICATION WITH THE DEFENDANT, THE

PRIVATE COLLECTION AGENCY OR THE COUNTY'S COLLECTION

ENFORCEMENT UNIT SHALL NOTIFY THE DEFENDANT OF THE

DEFENDANT'S RIGHT TO REQUEST A NEW FINANCIAL

DETERMINATION HEARING UNDER PARAGRAPH (2.2).

(2.2) (I) IF THE DEFENDANT HAS A DELINQUENT ACCOUNT

TURNED over to a private collection agency or the

county's collection enforcement unit under paragraph (2)

or (2.1), the defendant may request a new financial

determination hearing on the defendant's financial

ability to pay the court costs, restitution or fines.

Upon receipt of the request for a new financial

(II) UPON RECEIPT OF THE REQUEST FOR A NEW FINANCIAL

determination hearing under this paragraph, the issuing

authority, senior judge or senior magisterial district

judge shall schedule and conduct the hearing in

accordance with this subsection . In each communication

with the defendant, the private collection agency or the

county's collection enforcement unit shall notify the

defendant of the defendant's right to request a new

financial determination hearing under this paragraph.

Upon notice that the defendant has requested a new

financial determination hearing under this paragraph, the

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private collection agency or the county's collection

enforcement unit shall cease all collections activities

pending the conclusion of the financial determination

hearing. If the defendant fails to appear at the

financial determination hearing under this paragraph, the

private collection agency or county's collection

enforcement unit may resume collection activities.

(3) If the issuing authority, senior judge or senior

(III) UPON NOTICE THAT THE DEFENDANT HAS REQUESTED A

NEW FINANCIAL DETERMINATION HEARING UNDER THIS PARAGRAPH,

THE PRIVATE COLLECTION AGENCY OR THE COUNTY'S COLLECTION

ENFORCEMENT UNIT SHALL CEASE ALL COLLECTIONS ACTIVITIES

PENDING THE CONCLUSION OF THE FINANCIAL DETERMINATION

HEARING.

(IV) IF THE DEFENDANT FAILS TO APPEAR AT THE

FINANCIAL DETERMINATION HEARING UNDER THIS PARAGRAPH, THE

PRIVATE COLLECTION AGENCY OR COUNTY'S COLLECTION

ENFORCEMENT UNIT MAY RESUME COLLECTION ACTIVITIES.

(V) IF THE DEFENDANT REQUESTS A NEW FINANCIAL

DETERMINATION HEARING AFTER FAILING TO APPEAR AT A

HEARING PREVIOUSLY REQUESTED UNDER THIS PARAGRAPH, THE

PRIVATE COLLECTION AGENCY OR COUNTY COLLECTION

ENFORCEMENT UNIT'S COLLECTION ACTIVITIES MAY CONTINUE

UNLESS STAYED BY COURT ORDER.

(3) (I) IF THE ISSUING AUTHORITY, SENIOR JUDGE OR

SENIOR magisterial district judge determines that the

defendant is without the financial means to pay the

costs, restitution or [fine] fines immediately or in a

single remittance, the issuing authority, senior judge or

senior magisterial district judge may provide for payment

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in installments or, in the case of costs or fines, reduce

or waive the costs or fines [.], EXCEPT COSTS IMPOSED

UNDER SECTION 1101 OF THE ACT OF NOVEMBER 24, 1998

(P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT. In

determining the appropriate installments, reduction or

waiver, the issuing authority, senior judge or senior

magisterial district judge shall consider the defendant's

financial resources, the defendant's ability to make

restitution and reparations and the nature of the burden

the payment will impose on the defendant. If the

defendant is in default of a payment or DEFENDANT.

(II) IF THE DEFENDANT IS IN DEFAULT OF A PAYMENT OR

advises the issuing authority, senior judge or senior

magisterial district judge that default is imminent, the

issuing authority, senior judge or senior magisterial

district judge may schedule a rehearing on the payment

schedule. At the rehearing the defendant has the burden

of proving changes of financial condition such that the

defendant is without the means to meet the payment

schedule. The issuing authority, senior judge or senior

magisterial district judge may extend or accelerate the

schedule, leave it unaltered, REDUCE OR WAIVE THE COSTS

OR FINES, EXCEPT COSTS IMPOSED UNDER SECTION 1101.1 1101

OF THE CRIME VICTIMS ACT or sentence the defendant to a

period of community service as the issuing authority,

senior judge or senior magisterial district judge finds

to be just and practicable under the circumstances. The

issuing authority, senior judge or senior CIRCUMSTANCES.

(III) IF THE ISSUING AUTHORITY, SENIOR JUDGE OR

SENIOR MAGISTERIAL DISTRICT JUDGE DETERMINES THAT THE

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DEFENDANT IS WITHOUT THE FINANCIAL MEANS TO PAY THE

COSTS, RESTITUTION OR FINES UNDER THIS PARAGRAPH, THE

ISSUING AUTHORITY, SENIOR JUDGE OR SENIOR magisterial

district judge shall waive an existing collection fee

under section 9730.1(b) (relating to collection of court

costs, restitution and fines by private collection

agency) that was not previously collected from the

defendant who is determined to be without the financial

means to pay the costs, restitution or fines under this

paragraph.

(4) A decision of the issuing authority, senior judge or

senior magisterial district judge under paragraph (2), (2.1)

or (3) is subject to section 5105 (relating to right to

appellate review).

Section 2 3 2. Section 9730.1(a) and (e) of Title 42 are

amended and the section is amended by adding a subsection to

read:

§ 9730.1. Collection of court costs, restitution and fines by

private collection agency.

(a) Generally.--In accordance with section [9730(b)(1) and

(2)] 9730(b) (relating to payment of court costs, restitution

and fines), an issuing authority may refer the collection of

costs, fines and restitution of a defendant to a private

collection agency whether or not the defendant's maximum

sentence or probationary term has expired with or without

holding a hearing pursuant to this section. Such collection

agency shall adhere to accepted practices in accordance with

applicable Federal and State law to collect such costs, fines

and restitution.

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(c.1) Credit reporting.--A private collection agency may not

share information with a consumer reporting agency regarding a

defendant's failure to pay costs, fines and restitution unless a

financial determination hearing has been conducted in accordance

with section 9730(b) and the issuing authority, senior judge or

senior magisterial district judge has determined that the

defendant is financially able to pay the costs, fines and

restitution.

* * *

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Amount owing." The total amount owed by a defendant on

fines, costs or restitution in accordance with the order of

court sentencing the defendant and this section.

"Consumer reporting agency." As defined in section 603(f) of

the Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. §

1681a(f)).

"Private collection agency." A person, company, partnership

or other entity that uses any instrumentality of interstate

commerce or the mails in any business the principal purpose of

which is the collection of any debts, or who regularly collects

or attempts to collect, directly or indirectly, debts owed or

due or asserted to be owed or due another under the applicable

laws of the United States and of this Commonwealth.

Section 3 4 3. This act shall take effect in 120 days.

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