S1036B1472A06892 MSP:EJH 04/20/18 #90 A06892
AMENDMENTS TO SENATE BILL NO. 1036
Sponsor: SENATOR GREENLEAF
Printer's No. 1472
Amend Bill, page 2, line 4, by inserting a bracket before
"fine"
Amend Bill, page 2, line 4, by inserting after "costs"
] fine, costs or restitution
Amend Bill, page 2, line 11, by inserting a bracket before
"fine"
Amend Bill, page 2, line 11, by inserting after "costs"
] fine, costs or restitution
Amend Bill, page 2, line 22, by inserting after "payment"
for the fine, costs or restitution that complies with
the requirements
Amend Bill, page 2, line 29, by inserting a bracket before
"changes"
Amend Bill, page 2, line 30, by striking out the bracket
before "defendant"
Amend Bill, page 3, line 1, by inserting after "schedule]"
that the
Amend Bill, page 3, line 5, by striking out "under section
9758(b)"
Amend Bill, page 3, line 15, by inserting after "unemployed"
and has assets less than 200% of the Federal poverty
level
Amend Bill, page 3, line 16, by striking out "is" and
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inserting
and assets are
Amend Bill, page 3, by inserting between lines 24 and 25
(v) The defendant is unable to afford to meet the
defendant's basic life needs, including food, rent or
mortgage payments, utilities, medical expenses,
transportation and dependent care.
Amend Bill, page 4, line 10, by striking out "100%" and
inserting
125%
Amend Bill, page 4, line 11, by striking out "pay more than
$100 per month" and inserting
make payments until the defendant's income is more
than 125% of the Federal poverty level
Amend Bill, page 4, line 13, by striking out "100%" and
inserting
125%
Amend Bill, page 4, line 14, by striking out "pay more than
$150 per month" and inserting
make monthly installment payments that exceed two
times the hourly minimum wage for the locality
Amend Bill, page 4, line 16, by striking out "200%" and
inserting
175%
Amend Bill, page 4, lines 17 through 24, by striking out "pay
more than $200" in line 17 and all of lines 18 through 24 and
inserting
make monthly installment payments that exceed three
times the hourly minimum wage for the locality.
(iv) A defendant whose household income is greater
than or equal to 175% but less than 185% of the Federal
poverty level shall not be required to make monthly
installment payments that exceed four times the hourly
minimum wage for the locality.
(v) A defendant whose household income is greater
than or equal to 185% but less than 200% of the Federal
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poverty level shall not be required to make monthly
installment plans that exceed five times the hourly
minimum wage for the locality.
(vi) If a defendant's household income is equal to
or more than 200% of the Federal poverty level, the
court, issuing authority, senior judge or senior
magisterial district judge shall consider the evidence
presented and set a payment plan that would not impose
what a reasonable person would consider manifest hardship
to the defendant or the defendant's dependents.
(vii) A court, issuing authority, senior judge or
senior magisterial district judge may deviate from the
maximum monthly payment plans under this paragraph only
if it finds by a preponderance of the evidence presented
at the hearing that the defendant has the present ability
to pay a higher amount per month without experiencing a
manifest hardship.
Amend Bill, page 4, line 28, by inserting after "assigned"
a minimum of
Amend Bill, page 5, line 1, by inserting a bracket before
"Unless"
Amend Bill, page 5, line 2, by striking out the bracket
before "is"
Amend Bill, page 5, lines 2 through 4, by striking out "will
cause" in line 2, all of line 3 and "payment of court costs,
restitution and fines)" in line 4 and inserting
Unless the court finds that a defendant is financially able
to pay a fine or a portion of the fine that is due without
causing the defendant manifest hardship
Amend Bill, page 5, lines 13 through 25, by striking out all
of said lines and inserting
Section 2. Sections 1533(a) and (b) and 6504 of Title 75 are
amended to read:
ยง 1533. Suspension of operating privilege for failure to
respond to citation.
(a) Violations within Commonwealth.--The department shall
suspend the operating privilege of any person who has failed to
respond to a citation or summons to appear before an issuing
authority or a court of competent jurisdiction of this
Commonwealth for any violation of this title, other than
parking, or who has failed to pay any fine, costs or restitution
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imposed by an issuing authority or such courts for violation of
this title, other than parking, upon being duly notified by an
issuing authority or a court of this Commonwealth. An issuing
authority or court shall notify the department that a person has
failed to pay any fine, costs or restitution only after making a
preliminary finding of non-indigency and a willful failure to
pay without causing manifest hardship.
(b) Violations outside Commonwealth.--The department shall
suspend the operating privilege of any person who has failed to
respond to a citation, summons or similar writ to appear before
a court of competent jurisdiction of the United States or any
state which has entered into an enforcement agreement with the
department, as authorized under section 6146 (relating to
enforcement agreements), for any violation of the motor vehicle
laws of such state, other than parking, or who has failed to pay
any fine or costs imposed by such court upon being duly notified
in accordance with the laws of such jurisdiction in which the
violation occurred. A person who provides proof, satisfactory to
the department, that the full amount of the fine and costs has
been forwarded to and received by the court shall not be
regarded as having failed to respond for the purposes of this
subsection. The department shall not suspend the operating
privilege of a person who has failed to pay a fine or costs
unless an issuing authority or court has first made a
preliminary finding of non-indigency and a willful failure to
pay without causing manifest hardship.
* * *
Amend Bill, page 6, line 12, by striking out "4" and
inserting
3
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