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                                                      PRINTER'S NO. 3963

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2656 Session of 2004


        INTRODUCED BY D. EVANS, THOMAS, DeWEESE, ARMSTRONG, BEBKO-JONES,
           BLAUM, CRAHALLA, CURRY, DeLUCA, EACHUS, FABRIZIO, FRANKEL,
           GOODMAN, HALUSKA, HENNESSEY, HERSHEY, JAMES, JOSEPHS, KOTIK,
           LAUGHLIN, LYNCH, MANDERINO, McCALL, MELIO, MUNDY, PALLONE,
           PISTELLA, RUBLEY, SCRIMENTI, STABACK, TIGUE, WASHINGTON,
           WATERS, WHEATLEY AND YOUNGBLOOD, JUNE 7, 2004

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 7, 2004

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for inability to pay fine and
     3     costs.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6504 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 6504.  Inability to pay fine and costs.
     9     (a)  Order for installment payments.--Upon plea and proof
    10  that a person is unable to pay any fine and costs imposed under
    11  this title, a court may, in accordance with 42 Pa.C.S. § 9758
    12  (relating to fine), order payment of the fine and costs in
    13  installments and shall fix the amounts, times and manner of
    14  payment.
    15     (a.1)  Order for community service.--
    16         (1)  Upon plea and proof that a person is unable to make


     1     a payment pursuant to subsection (a), the court may order
     2     that such person perform a reasonable period of community
     3     service in lieu of payment or portion thereof and shall fix
     4     the amount, time and manner of performance of service. The
     5     court may establish a reasonable deadline for satisfactory
     6     completion of community service ordered under this
     7     subsection. The court may impose a fee up to $25 for
     8     administrative or other supervision costs associated with
     9     this subsection.
    10         (2)  Upon plea and proof that a person who is delinquent
    11     in making a payment is unable to make a payment pursuant to
    12     previous fines and costs pursuant to this chapter, the court
    13     may order that such person perform a reasonable period of
    14     community service in lieu of payment or portion thereof and
    15     shall fix the amount, time and manner of performance of
    16     service. The court may establish a reasonable deadline for
    17     satisfactory completion of community service ordered under
    18     this subsection. The court may impose a fee up to $25 for
    19     administrative or other supervision costs associated with
    20     this subsection.
    21     (a.2)  A person who is unable to make a payment or is
    22  delinquent in a payment pursuant to this chapter may petition
    23  the court for a revision of any order for the installment
    24  payments under subsection (a) or to receive a sentence of
    25  community service under subsection (a.1)(2).
    26     (b)  Imprisonment for nonpayment or failure to satisfy a
    27  community service order.--Any person who does not comply with an
    28  order entered under this section may be imprisoned for a number
    29  of days equal to one day for each $40 of the unpaid balance of
    30  the fine and costs.
    20040H2656B3963                  - 2 -     

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




















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