PRINTER'S NO. 367
No. 323 Session of 1983
INTRODUCED BY LESCOVITZ, SPENCER, RAPPAPORT AND SWEET, MARCH 14,
1983
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 1983
AN ACT
1 Requiring the levying of a penalty assessment for certain
2 criminal convictions; and the collection and disposition
3 thereof.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Assessment of penalty on fines, etc.
7 (a) General rule.--A penalty assessment shall be levied in
8 the amount of $5 for every $20, or fraction thereof, of every
9 fine, penalty and forfeiture imposed and collected by the courts
10 of this Commonwealth for criminal offenses other than those
11 defined in Title 75 of the Pennsylvania Consolidated Statutes
12 (relating to vehicles) and the act of June 3, 1937 (P.L.1225,
13 No.316), known as The Game Law. The penalty assessment shall be
14 based upon the total fine or bail for all offenses whenever
15 multiple offenses are involved. The suspension of a fine, in
16 whole or in part, shall result in the reduction of the penalty
17 assessment in proportion to the suspension. It shall be
18 transmitted as provided in subsection (c).
1 (b) Bail.--Whenever bail is made for an offense to which
2 this act applies the person making the deposit shall also
3 deposit a sufficient amount to include the assessment prescribed
4 in this act for forfeited bail. If bail is forfeited, the amount
5 of the assessment shall be transmitted as provided in subsection
6 (c). Whenever bail is returned, the assessment made thereon
7 pursuant to this act shall also be returned.
8 (c) Assessment to be sent to county treasurer.--The penalty
9 assessment shall, after a determination by the court of the
10 amount due, be collected and transmitted to the county
11 treasurer.
12 (d) Use of assessment.--The treasurers of counties other
13 than counties of the first and second class shall forward the
14 penalty assessments transmitted to them to the State Treasurer
15 for the use of the Commissioner of the Pennsylvania State Police
16 in the conduct of the Municipal Police Officers' Education and
17 Training Program.
18 (e) Counties of the first class.--The treasurers of counties
19 of the first class shall retain the penalty assessments
20 transmitted to them for the use of the police commissioners of
21 such counties for education and training programs.
22 (f) Counties of the second class.--The treasurers of
23 counties of the second class shall retain the penalty
24 assessments transmitted to them for the use of the directors of
25 their police training academies.
26 (g) Waiver of assessment.--Whenever a person is imprisoned
27 until the fine for an offense to which this act is applicable is
28 satisfied the judge levying the fine may waive part or all of
29 the penalty assessment upon determining that the payment of it
30 would work a hardship on the one so convicted or his immediate
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1 family.
2 Section 2. Effective date.
3 This act shall take effect in 60 days.
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