SENATE AMENDED
PRIOR PRINTER'S NO. 1768 PRINTER'S NO. 2103
No. 10 Session of 2007
INTRODUCED BY D. O'BRIEN, MARSICO, THOMAS, DALEY, DALLY, LENTZ,
REICHLEY, SABATINA, ADOLPH, BASTIAN, BELFANTI, DePASQUALE,
EVERETT, FAIRCHILD, GEORGE, GILLESPIE, GODSHALL, GOODMAN,
GRELL, HALUSKA, HARHART, HARKINS, HICKERNELL, W. KELLER,
KILLION, KORTZ, KOTIK, MANN, MICOZZIE, R. MILLER, MOUL,
NICKOL, PALLONE, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY,
ROAE, ROHRER, RUBLEY, SCAVELLO, SCHRODER, SONNEY, STABACK,
J. TAYLOR, TRUE, WATSON, WATERS, YEWCIC, YUDICHAK, KULA,
LONGIETTI AND CALTAGIRONE, JUNE 5, 2007
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 26, 2007
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and <--
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for fines; and
4 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA <--
5 CONSOLIDATED STATUTES, providing for the Criminal Justice
6 Enhancement Account and for adoption of guidelines for fines. <--
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1101 of Title 18 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 § 1101. Fines.
12 A person who has been convicted of an offense may be
13 sentenced to pay a fine not exceeding:
14 (1) [$50,000] $100,000, when the conviction is of murder
15 or attempted murder.
1 (2) [$25,000] $50,000, when the conviction is of a
2 felony of the first or second degree.
3 (3) [$15,000] $30,000, when the conviction is of a
4 felony of the third degree.
5 (4) [$10,000] $20,000, when the conviction is of a
6 misdemeanor of the first degree.
7 (5) [$5,000] $10,000, when the conviction is of a
8 misdemeanor of the second degree.
9 (6) [$2,500] $5,000, when the conviction is of a
10 misdemeanor of the third degree.
11 (7) [$300] $600, when the conviction is of a summary
12 offense for which no higher fine is established.
13 (8) Any higher amount equal to double the pecuniary gain
14 derived from the offense by the offender.
15 (9) Any higher or lower amount specifically authorized
16 by statute.
17 Section 2. Title 18 is amended by adding a section to read:
18 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
19 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
20 § 1111. Criminal Justice Enhancement Account.
21 (a) Establishment.--There is established within the State
22 Treasury a restricted account to be known as the Criminal
23 Justice Enhancement Account. The account shall be comprised of
24 all of the following:
25 (1) Costs of prosecution imposed pursuant to subsection
26 (b).
27 (2) Fines statutorily designated by subsection (c) to
28 the account.
29 (b) Costs of prosecution.--In addition to any other costs of
30 prosecution, an assessment in the amount of $50 shall be imposed
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1 and directed to the account in each judicial proceeding where:
2 (1) the defendant accepts Accelerated Rehabilitative
3 Disposition;
4 (2) the defendant is convicted of or enters a plea of
5 guilt or nolo contendere for a felony, misdemeanor of the
6 first degree or misdemeanor of the second degree set forth in
7 this title; or
8 (3) the defendant is convicted of or enters a plea of
9 guilt or nolo contendere for a violation of section 13(a)(16)
10 of the act of April 14, 1972 (P.L.233, No.64), known as The
11 Controlled Substance, Drug, Device and Cosmetic Act.
12 (c) Designated offenses.--Any fines imposed for the
13 following offenses shall be directed to the account:
14 Chapter 41 (relating to forgery and fraudulent practices)
15 other than summary offenses under section 4105 (relating to
16 bad checks).
17 Chapter 47 (relating to bribery and corrupt influence).
18 Chapter 49 Subch. A (relating to perjury and
19 falsification in official matters).
20 Chapter 57 (relating to wiretapping and electronic
21 surveillance).
22 Chapter 76 (relating to computer offenses).
23 (d) Distribution from account.--The money in the account is
24 appropriated, upon approval of the Governor, to fulfill the
25 provisions of section 1401(p) of the act of August 9, 1955
26 (P.L.323, No.130), known as The County Code.
27 Section 3. Title 42 is amended by adding a section to read: <--
28 § 2154.3. Adoption of guidelines for fines.
29 The commission shall adopt guidelines for fines or other
30 lawful economic sanctions, within the limits established by law,
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1 which shall be considered by the sentencing court in determining
2 the appropriate sentence for defendants who plead guilty or nolo
3 contendere to or who are found guilty of felonies and
4 misdemeanors. The guidelines shall do all of the following:
5 (1) Specify the range of fines or other lawful economic
6 sanctions, applicable to crimes of a given degree of gravity.
7 (2) Specify a range of fines or other lawful economic
8 sanctions, of increased amount for defendants previously
9 convicted or adjudicated delinquent for one or more
10 misdemeanor or felony offenses committed prior to the current
11 offense. For purposes of this paragraph, the term "previously
12 convicted or adjudicated delinquent" shall include any
13 finding of guilt or adjudication of delinquency whether or
14 not sentence has been imposed or disposition ordered prior to
15 the commission of the current offense.
16 (3) Prescribe variations from the range of fines
17 applicable on account of aggravating or mitigating
18 circumstances.
19 (4) Prescribe community service alternatives which may
20 be imposed in lieu of all or part of the fines where the
21 sentencing court finds the defendant lacks the ability to pay
22 all or part of the fine.
23 Section 4 2. This act shall take effect in 120 days. <--
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