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                                                      PRINTER'S NO. 1271

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1080 Session of 2003


        INTRODUCED BY TANGRETTI, ROSS, COY, DALLY, BELARDI, BELFANTI,
           BROWNE, BUNT, CAPPELLI, CAWLEY, CIVERA, CORRIGAN, CRUZ,
           DAILEY, DALEY, DeWEESE, FRANKEL, FREEMAN, GEIST, GRUCELA,
           HARHAI, HARHART, HENNESSEY, HORSEY, KOTIK, LAUGHLIN, MARSICO,
           McCALL, McGEEHAN, R. MILLER, PISTELLA, READSHAW, SHANER,
           SOLOBAY, STURLA, THOMAS AND WANSACZ, APRIL 8, 2003

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2003

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, imposing surcharges on
     3     criminal convictions to fund start-up costs for
     4     municipalities desiring to create police departments; and
     5     establishing the Municipal Police Start-up Fee Fund.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Title 42 of the Pennsylvania Consolidated
     9  Statutes is amended by adding a section to read:
    10  § 1725.5.  Municipal police start-up fee.
    11     (a)  Imposition of municipal police start-up fee.--A person
    12  who is placed on probation without verdict pursuant to section
    13  17 of the act of April 14, 1972 (P.L.233, No.64), known as The
    14  Controlled Substance, Drug, Device and Cosmetic Act, or who
    15  receives Accelerated Rehabilitative Disposition or who pleads
    16  guilty to or nolo contendere to or who is convicted of a crime
    17  as defined in 18 Pa.C.S. § 106 (relating to classes of offenses)


     1  or 75 Pa.C.S. § 3731 (relating to driving under influence of
     2  alcohol or controlled substance) or 3735 (relating to homicide
     3  by vehicle while driving under influence) or a violation of The
     4  Controlled Substance, Drug, Device and Cosmetic Act shall, in
     5  addition to any fines, penalties or costs, in every case be
     6  sentenced to pay a municipal police start-up fee.
     7     (b)  Amount of municipal police start-up fee.--Where, in
     8  accordance with subsection (a), probation is imposed, a plea is
     9  entered, or conviction obtained for a felony, the fee shall be
    10  $50; and where, in accordance with subsection (a), probation is
    11  imposed, a plea is entered, or conviction is obtained for
    12  misdemeanor, the fee shall be $25.
    13     (c)  Disposition of municipal police start-up fee.--The
    14  municipal police start-up fee shall be paid into a special
    15  nonlapsing fund of the State Treasury, which is hereby
    16  established and shall be known as the Municipal Police Start-up
    17  Fee Fund. Money in the Municipal Police Start-up Fee Fund is
    18  hereby appropriated to the Department of Community and Economic
    19  Development and shall be used solely for providing grants to
    20  municipalities which do not have a municipal police department,
    21  do not participate in a regional police department, and do not
    22  purchase police services from another municipal or regional
    23  entity, which grants are to be used for the purpose of providing
    24  start-up or seed money to qualifying municipalities that wish to
    25  establish a municipal police department, join a regional police
    26  department, or purchase police services from another municipal
    27  or regional entity.
    28     (d)  Other laws.--The municipal police start-up fee shall be
    29  imposed notwithstanding any other provision of law to the
    30  contrary.
    20030H1080B1271                  - 2 -     

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




















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