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                                                       PRINTER'S NO. 801

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 716 Session of 2007


        INTRODUCED BY DALLY, BASTIAN, BEYER, CALTAGIRONE, CAPPELLI,
           CARROLL, DENLINGER, FABRIZIO, FAIRCHILD, FREEMAN, GEIST,
           GRELL, HENNESSEY, HUTCHINSON, KAUFFMAN, W. KELLER, KILLION,
           KULA, MAHONEY, McILHATTAN, MILLARD, R. MILLER, MURT, O'NEILL,
           REICHLEY, RUBLEY, SAINATO, SIPTROTH, STABACK, R. STEVENSON,
           SWANGER, J. TAYLOR, TRUE, WATSON AND YOUNGBLOOD,
           MARCH 9, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 9, 2007

                                     AN ACT

     1  Amending Title 44 (Law and Justice) of the Pennsylvania
     2     Consolidated Statutes, further providing for mandatory cost
     3     and DNA Detection Fund.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 2322 and 2335 of Title 44 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 2322.  Mandatory cost.
     9     (a)  Imposition.--Unless the court finds that undue hardship
    10  would result, a mandatory cost of $250, which shall be in
    11  addition to any other costs imposed pursuant to statutory
    12  authority, shall automatically be assessed on any person
    13  convicted, adjudicated delinquent or granted ARD for a felony
    14  sex offense or other specified offense[, and]. Except as
    15  provided in subsection (b), all proceeds derived from this
    16  section shall be transmitted to the fund.

     1     (b)  Transmittal.--Whenever a county agency collects the DNA
     2  sample required by this chapter, the first $200 received from
     3  each person and credited toward satisfaction of the mandatory
     4  cost shall be transmitted to the fund, and the final $50
     5  received from each person shall be retained by the county and
     6  used to reimburse the county agency which collected the sample
     7  for costs associated with collecting the sample.
     8  § 2335.  DNA Detection Fund.
     9     The DNA Detection Fund is reestablished in the State Treasury
    10  as a restricted fund. All costs collected and required to be
    11  transmitted to the fund under section 2322 (relating to
    12  mandatory cost) shall be paid into the fund. All moneys in the
    13  fund and the interest accruing thereon are hereby appropriated
    14  to the Pennsylvania State Police on a continuing basis to carry
    15  out the provisions of this chapter upon authorization of the
    16  Governor for each fiscal year.
    17     Section 2.  This act shall take effect in 60 days.









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