| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1578, 1620, 1775 | PRINTER'S NO. 2130 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WAUGH, BOSCOLA, BROWNE, ERICKSON, ORIE, RAFFERTY, TARTAGLIONE, FERLO AND BRUBAKER, DECEMBER 18, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 1, 2010 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | costs, for Commonwealth portion of fines, etc., for | <-- |
4 | sentencing generally and for collection of restitution, |
5 | reparation, fees, costs, fines and penalties. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 9721 of Title 42 of the Pennsylvania | <-- |
9 | Consolidated Statutes is amended by adding a subsection to read: |
10 | Section 1. Sections 1725.1(f)(1) and 3571(c)(4) of Title 42 | <-- |
11 | of the Pennsylvania Consolidated Statutes are reenacted and |
12 | amended to read: |
13 | § 1725.1. Costs. |
14 | * * * |
15 | (f) Annual increase in costs.-- |
16 | (1) Except as provided in paragraph (2), beginning on |
17 | January 1, 1994, and each January 1 thereafter, the costs |
18 | under subsections (a), (b) and (c) shall be increased by the |
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1 | percentage of increase in the Consumer Price Index for Urban |
2 | Workers for the immediate preceding calendar year which shall |
3 | be published in the Pennsylvania Bulletin annually by the |
4 | Supreme Court on or before the preceding November 30. This |
5 | subsection shall expire January 1, [2010] 2025. |
6 | * * * |
7 | § 3571. Commonwealth portion of fines, etc. |
8 | * * * |
9 | (c) Costs in magisterial district judge proceedings.-- |
10 | * * * |
11 | (4) Except as provided in paragraph (5), beginning on |
12 | January 1, 1994, and each January 1 thereafter, the costs |
13 | under paragraph (2) shall be increased by the percentage of |
14 | increase in the Consumer Price Index for Urban Workers for |
15 | the immediate preceding calendar year which shall be |
16 | published in the Pennsylvania Bulletin annually by the |
17 | Supreme Court on or before the preceding November 30. This |
18 | paragraph shall expire January 1, [2010] 2025. |
19 | * * * |
20 | Section 2. Section 9721 of Title 42 is amended by adding a |
21 | subsection to read: |
22 | § 9721. Sentencing generally. |
23 | * * * |
24 | (c.1) Mandatory payment of costs.--Notwithstanding the |
25 | provisions of section 9728 (relating to collection of |
26 | restitution, reparation, fees, costs, fines and penalties) or |
27 | any provision of law to the contrary, in addition to the |
28 | alternatives set forth in subsection (a), the court shall order |
29 | the defendant to pay costs. In the event the court fails to |
30 | issue an order for costs pursuant to section 9728, costs shall |
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1 | be imposed upon the defendant under this section. No court order |
2 | shall be necessary for the defendant to incur liability for |
3 | costs under this section. The provisions of this subsection do | <-- |
4 | not alter the court's discretion under Pa.R.Crim.P. No. 706(C) |
5 | (relating to fines or costs). |
6 | * * * |
7 | Section 2 3. Section 9728(b)(3) and (5) of Title 42 are | <-- |
8 | amended and the section is amended by adding a subsection to |
9 | read: |
10 | § 9728. Collection of restitution, reparation, fees, costs, |
11 | fines and penalties. |
12 | * * * |
13 | (b) Procedure.-- |
14 | * * * |
15 | (3) The county clerk of courts shall, upon sentencing, |
16 | pretrial disposition or other order, transmit to the |
17 | Department of Probation of the respective county or other |
18 | agent designated by the county commissioners of the county |
19 | with the approval of the president judge of the county and to |
20 | the county correctional facility to which the offender has |
21 | been sentenced or to the Department of Corrections, whichever |
22 | is appropriate, copies of all orders for restitution and |
23 | amendments or alterations thereto, reparation, fees, costs, |
24 | fines and penalties. This paragraph also applies in the case |
25 | of costs imposed under section 9721(c.1) (relating to |
26 | sentencing generally). |
27 | * * * |
28 | (5) The county correctional facility to which the |
29 | offender has been sentenced or the Department of Corrections |
30 | shall be authorized to make monetary deductions from inmate |
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1 | personal accounts for the purpose of collecting restitution |
2 | or any other court-ordered obligation or costs imposed under |
3 | section 9721(c.1). Any amount deducted shall be transmitted |
4 | by the Department of Corrections or the county correctional |
5 | facility to the probation department of the county or other |
6 | agent designated by the county commissioners of the county |
7 | with the approval of the president judge of the county in |
8 | which the offender was convicted. The Department of |
9 | Corrections shall develop guidelines relating to its |
10 | responsibilities under this paragraph. |
11 | * * * |
12 | (b.2) Mandatory payment of costs.--Notwithstanding any |
13 | provision of law to the contrary, in the event the court fails |
14 | to issue an order under subsection (a) imposing costs upon the |
15 | defendant, the defendant shall nevertheless be liable for costs, |
16 | as provided in section 9721(c.1), unless the court determines | <-- |
17 | otherwise pursuant to Pa.R.Crim.P. No. 706(C) (relating to fines |
18 | or costs). The absence of a court order shall not affect the |
19 | applicability of the provisions of this section. |
20 | * * * |
21 | Section 3 4. This act shall apply to costs imposed on or | <-- |
22 | after the effective date of this act section. | <-- |
23 | Section 4 5. This act shall take effect in 60 days. | <-- |
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