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                                                      PRINTER'S NO. 3123

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2236 Session of 2005


        INTRODUCED BY MAITLAND, MACKERETH, McNAUGHTON, BARRAR, BEBKO-
           JONES, BOYD, CALTAGIRONE, CAPPELLI, CLYMER, CRAHALLA,
           FRANKEL, GEIST, GINGRICH, HERMAN, KAUFFMAN, LEACH, LEVDANSKY,
           McILHATTAN, PHILLIPS, READSHAW, REICHLEY, SAYLOR,
           E. Z. TAYLOR, J. TAYLOR, THOMAS AND WILT, NOVEMBER 16, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 16, 2005

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for DNA
     3     Detection Fund deposits; and further providing for deposits
     4     into account.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 42 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 3575.  DNA Detection Fund deposits.
    10     (a)  Additional fees.--In addition to the court costs and
    11  filing fees authorized to be collected by statute:
    12         (1)  An additional fee of $1 shall be charged and
    13     collected by the prothonotaries of the Pennsylvania Supreme,
    14     Superior and Commonwealth Courts for each initial filing for
    15     which a fee, charge or cost is authorized on the effective
    16     date of this section.
    17         (2)  An additional fee of $1 shall be charged and


     1     collected by the prothonotaries, clerks of orphans' courts
     2     and registers of wills of all courts of common pleas, or by
     3     any officials designated to perform the functions thereof,
     4     for the initiation of any civil action or legal proceeding.
     5         (3)  An additional fee of $1 shall be charged by the
     6     clerks of courts of all courts of common pleas, or by any
     7     officials designated to perform the functions thereof, for
     8     the initiation of any criminal proceeding for which a fee,
     9     charge or cost is authorized on the effective date of this
    10     section and a conviction is obtained or guilty plea is
    11     entered.
    12         (4)  An additional fee of $1 shall be charged and
    13     collected by the minor judiciary, including magisterial
    14     district judges, Philadelphia Municipal Court, Philadelphia
    15     Traffic Court and Pittsburgh Magistrates Court, for the
    16     initiation of a legal proceeding for which a fee or cost is
    17     authorized on the effective date of this section, except that
    18     in criminal, summary and traffic matters the fee shall be
    19     charged only when a conviction is obtained or guilty plea is
    20     entered.
    21     (b)  Transfer.--The moneys charged and collected under this
    22  section shall be paid to the court imposing the fee, which shall
    23  transfer the moneys to the Department of Revenue for deposit
    24  into the DNA Detection Fund.
    25     Section 2.  Section 3733 of Title 42 is amended by adding a
    26  paragraph to read:
    27  § 3733.  Deposits into account.
    28     (a)  General rule.--
    29         * * *
    30         (3)  Beginning on the effective date of this paragraph,
    20050H2236B3123                  - 2 -     

     1     any fines, fees or costs which are allocated by law or
     2     otherwise directed to the DNA Detection Fund shall not be
     3     affected by this subchapter.
     4     * * *
     5     Section 3.  This act shall take effect in 60 days.

















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