S1208B1620A05537 MSP:JMT 09/13/22 #90 A05537
AMENDMENTS TO SENATE BILL NO. 1208
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 1620
Amend Bill, page 1, line 3, by inserting after "for"
collection of restitution, reparation, fees, costs, fines and
penalties, for
Amend Bill, page 1, lines 8 through 10, by striking out all
of said lines and inserting
Section 1. Section 9728(g.1) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
* * *
(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
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:
Amend Bill, page 1, line 19, by striking out all of said line
and inserting
(2.1) (i) If the issuing authority, senior judge or
senior
Amend Bill, page 2, line 10, by striking out all of said line
and inserting
(ii) In each communication with the defendant, the
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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
Amend Bill, page 2, line 12, by striking out "(2) or"
Amend Bill, page 2, lines 15 and 16, by striking out "Upon
receipt of the request for a new financial " and inserting
(ii) Upon receipt of the request for a new financial
Amend Bill, page 2, lines 19 through 30; page 3, lines 1 and
2; by striking out "In each communication with the defendant,
the" in line 19, all of lines 20 through 30 on page 2 and all of
lines 1 and 2 on page 3 and inserting
(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
Amend Bill, page 3, line 9, by inserting a bracket before the
period after "fines"
Amend Bill, page 3, line 9, by inserting after "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.
Amend Bill, page 3, lines 14 and 15, by striking out
"defendant. If the defendant is in default of a payment or" and
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inserting
defendant.
(ii) If the defendant is in default of a payment or
Amend Bill, page 3, line 24, by inserting after "unaltered"
, reduce or waive the costs or fines, except costs
imposed under section 1101.1 of the Crimes Victims Act
Amend Bill, page 3, lines 27 and 28, by striking out
"circumstances. The issuing authority, senior judge or senior "
and inserting
circumstances.
(iii) 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 fines under this paragraph, the
issuing authority, senior judge or senior
Amend Bill, page 4, line 9, by striking out "2" and inserting
3
Amend Bill, page 5, line 19, by striking out "3" and
inserting
4
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