PRINTER'S NO. 2534
No. 1925 Session of 1984
INTRODUCED BY LLOYD, KLINGAMAN, GODSHALL, BELFANTI, COY,
BATTISTO, GREENWOOD, POTT, NOYE, WOGAN, HALUSKA, FARGO,
PHILLIPS, SEMMEL, ARTY, SCHEETZ, PRATT, DURHAM, GANNON,
GEIST, STEVENS, JOHNSON AND BALDWIN, FEBRUARY 14, 1984
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 1984
AN ACT
1 Amending the act of December 2, 1968 (P.L.1144, No.358),
2 entitled "An act to provide for the office of public
3 defender, authorizing assistants and other personnel, and to
4 provide adequate representation for persons who have been
5 charged with an indictable offense or with being a juvenile
6 delinquent, who for lack of sufficient funds are unable to
7 obtain legal counsel," providing for taxable court costs.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of December 2, 1968 (P.L.1144, No.358),
11 known as the Public Defender Act, is amended by adding a section
12 to read:
13 Section 10.2. Taxable Costs.--(a) In any case resulting in
14 a conviction, a plea of nolo contendere, or an acquittal by
15 reason of insanity, the public defender shall, within 30 days of
16 completion of his duties pursuant to section 6, submit an
17 affidavit to the clerk of courts containing an accurate
18 statement of all reasonable expenses incurred by the public
19 defender for the investigation, preparation and presentation of
1 the case, including, but not limited to:
2 (1) compensation for the public defender and other employes
3 of his office in accordance with section 5;
4 (2) travel expenses;
5 (3) telephone expenses;
6 (4) expenses for photocopying or other reproduction of
7 documents;
8 (5) expert witness fees;
9 (6) service of process; and
10 (7) clerical supplies.
11 Every affidavit submitted shall be supported by appropriate
12 receipts and vouchers.
13 (b) The clerk of courts, upon receipt of an affidavit
14 pursuant to subsection (a), shall collect the expenses as
15 taxable court costs in accordance with 42 Pa.C.S. § 1726.
16 (c) Costs recovered under this section shall be forwarded to
17 the county for which the public defender was serving at the time
18 of the case and shall be used for the expenses of his office.
19 (d) Any person against whom public defender costs are taxed
20 because of this section may except to those costs in the same
21 way he may except to other taxable costs under 42 Pa.C.S. §
22 1726.
23 Section 2. This act shall take effect in 60 days.
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