THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FARRY, AUMENT, D. COSTA, CREIGHTON, DiGIROLAMO, DONATUCCI, EVERETT, GINGRICH, HESS, KNOWLES, MURT, O'NEILL, PETRI, SWANGER, VULAKOVICH, WATSON, DELOZIER, PERRY, MICCARELLI, KAUFFMAN, EVANKOVICH, STEPHENS, LAWRENCE, METZGAR, MARSHALL, QUIGLEY, CHRISTIANA, DAY AND CALTAGIRONE, JUNE 30, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2011   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

criminal laboratory user fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1725.3(c) of Title 42 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  Section 1725.3(b) and (c) of Title 42 of the

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Pennsylvania Consolidated Statutes are amended to read:

§ 1725.3.  Criminal laboratory user fee.

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(c)  Disposition of fees.--

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(1)  In [a county of the first class or a county of the

second class] any county that operates a county laboratory,

the criminal laboratory user fee shall be paid to the county

and shall be used solely for operation and maintenance of the

county laboratory. If a county [of the first class or a

county of the second class] does not operate a county

laboratory, the criminal laboratory user fee shall be paid

into the Criminal Laboratory User Fee Fund created under

paragraph (2).

(2)  In [a county other than a county of the first class

or a county of the second class or where a county of the

first class or a county of the second class] any county that 

does not operate a county laboratory, the criminal laboratory

user fee shall be paid into a special nonlapsing fund of the

State Treasury, which is hereby established and shall be

known as the Criminal Laboratory User Fee Fund. Money in the

Criminal Laboratory User Fee Fund is hereby appropriated to

the Pennsylvania State Police and shall be used solely for

operation and maintenance of Pennsylvania State Police

criminal laboratories.

(b)  Amount of user fee.--

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(1)  [Where the prosecution is conducted in a county of

the first class or a county of the second class and the

county operates a county laboratory that has provided

services in the prosecution, the] The director or similar

officer of the county laboratory that has provided services

in the prosecution shall determine the actual cost of the

laboratory services provided in the prosecution and transmit

a statement for services rendered to the court. [If a county

of the first class or a county of the second class does not

operate a county laboratory and laboratory services in the

prosecution were provided by the Pennsylvania State Police,

the fee shall be determined under paragraph (2).]

(2)  [Where the prosecution is conducted in a county

other than a county of the first class or a county of the

second class and] If a Pennsylvania State Police laboratory

has provided services in the prosecution, the director or

similar officer of the Pennsylvania State Police laboratory

shall determine the actual cost of the laboratory services

provided in the prosecution and transmit a statement for

services rendered to the court.

(c)  Disposition of fees.--

(1)  [In a county of the first class or a county of the

second class that operates a county laboratory, the] The

criminal laboratory user fee for criminal laboratory services

provided by a county shall be paid to the county and shall be

used solely for operation and maintenance of the county

laboratory. [If a county of the first class or a county of

the second class does not operate a county laboratory, the]

The criminal laboratory user fee for criminal laboratory

services provided by the Pennsylvania State Police laboratory 

shall be paid into the Criminal Laboratory User Fee Fund

created under paragraph (2).

(2)  [In a county other than a county of the first class

or a county of the second class or where a county of the

first class or a county of the second class does not operate

a county laboratory, the criminal laboratory user fee shall

be paid into a] A special nonlapsing fund of the State

Treasury[, which] is hereby established and shall be known as

the Criminal Laboratory User Fee Fund. Money in the Criminal

Laboratory User Fee Fund is hereby appropriated to the

Pennsylvania State Police and shall be used solely for

operation and maintenance of Pennsylvania State Police

criminal laboratories.

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