HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, BOSCOLA, BROWNE, ERICKSON, ORIE, RAFFERTY, TARTAGLIONE, FERLO AND BRUBAKER, DECEMBER 18, 2009

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 14, 2010  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for 

costs, for Commonwealth portion of fines, etc., for place of

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detention, for sentencing generally and for collection of

restitution, reparation, fees, costs, fines and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9721 of Title 42 of the Pennsylvania

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Consolidated Statutes is amended by adding a subsection to read:

Section 1.  Sections 1725.1(f)(1) and 3571(c)(4) of Title 42

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of the Pennsylvania Consolidated Statutes are reenacted and

amended to read:

§ 1725.1.  Costs.

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(f)  Annual increase in costs.--

(1)  Except as provided in paragraph (2), beginning on

January 1, 1994, and each January 1 thereafter, the costs

under subsections (a), (b) and (c) shall be increased by the

percentage of increase in the Consumer Price Index for Urban

Workers for the immediate preceding calendar year which shall

be published in the Pennsylvania Bulletin annually by the

Supreme Court on or before the preceding November 30. This

subsection shall expire January 1, [2010] 2025.

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§ 3571.  Commonwealth portion of fines, etc.

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(c)  Costs in magisterial district judge proceedings.--

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(4)  Except as provided in paragraph (5), beginning on

January 1, 1994, and each January 1 thereafter, the costs

under paragraph (2) shall be increased by the percentage of

increase in the Consumer Price Index for Urban Workers for

the immediate preceding calendar year which shall be

published in the Pennsylvania Bulletin annually by the

Supreme Court on or before the preceding November 30. This

paragraph shall expire January 1, [2010] 2025.

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Section 2.  Section 9721 of Title 42 is amended by adding a

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subsection to read:

Section 2.  Sections 6327 and 9721 of Title 42 are amended by

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adding subsections to read:

§ 6327.  Place of detention.

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(c.1)  Detention of child.--

(1)  A child who is subject to criminal proceedings

having been charged with an act set forth under paragraph

(2)(i), (ii) or (iii) of the definition of "delinquent act"

in section 6302 (relating to definitions), who has not been

released on bail and who may seek or is seeking transfer to

juvenile proceedings under section 6322 (relating to transfer

from criminal proceedings) may be detained in a secure

detention facility approved by the Department of Public

Welfare for the detention of alleged and adjudicated

delinquent children if the attorney for the Commonwealth has

consented to and the court has ordered the detention.

(2)  Secure detention ordered under this subsection shall

not affect a child's eligibility for or ability to post bail.

(3)  For a child held in secure detention under this

subsection, the court shall order the immediate transfer of

the child to the county jail if any of the following apply:

(i)  The court determines that the child is no longer

seeking transfer under section 6322.

(ii)  The court denies the motion filed under section

6322.

(iii)  The child attains 18 years of age. This

subparagraph does not apply if:

(A)  the court has granted the motion filed under

section 6322; or

(B)  the child is otherwise under order of

commitment to the secure detention facility pursuant

to the jurisdiction of the court in a delinquency

matter.

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§ 9721.  Sentencing generally.

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(c.1)  Mandatory payment of costs.--Notwithstanding the

provisions of section 9728 (relating to collection of

restitution, reparation, fees, costs, fines and penalties) or

any provision of law to the contrary, in addition to the

alternatives set forth in subsection (a), the court shall order

the defendant to pay costs. In the event the court fails to

issue an order for costs pursuant to section 9728, costs shall

be imposed upon the defendant under this section. No court order

shall be necessary for the defendant to incur liability for

costs under this section. The provisions of this subsection do

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not alter the court's discretion under Pa.R.Crim.P. No. 706(C)

(relating to fines or costs).

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Section 2 3.  Section 9728(b)(3) and (5) of Title 42 are

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amended and the section is amended by adding a subsection to

read:

§ 9728.  Collection of restitution, reparation, fees, costs,

fines and penalties.

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(b)  Procedure.--

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(3)  The county clerk of courts shall, upon sentencing,

pretrial disposition or other order, transmit to the

Department of Probation of the respective county or other

agent designated by the county commissioners of the county

with the approval of the president judge of the county and to

the county correctional facility to which the offender has

been sentenced or to the Department of Corrections, whichever

is appropriate, copies of all orders for restitution and

amendments or alterations thereto, reparation, fees, costs,

fines and penalties. This paragraph also applies in the case

of costs imposed under section 9721(c.1) (relating to

sentencing generally).

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(5)  The county correctional facility to which the

offender has been sentenced or the Department of Corrections

shall be authorized to make monetary deductions from inmate

personal accounts for the purpose of collecting restitution

or any other court-ordered obligation or costs imposed under

section 9721(c.1). Any amount deducted shall be transmitted

by the Department of Corrections or the county correctional

facility to the probation department of the county or other

agent designated by the county commissioners of the county

with the approval of the president judge of the county in

which the offender was convicted. The Department of

Corrections shall develop guidelines relating to its

responsibilities under this paragraph.

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(b.2)  Mandatory payment of costs.--Notwithstanding any

provision of law to the contrary, in the event the court fails

to issue an order under subsection (a) imposing costs upon the

defendant, the defendant shall nevertheless be liable for costs,

as provided in section 9721(c.1), unless the court determines

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otherwise pursuant to Pa.R.Crim.P. No. 706(C) (relating to fines

or costs). The absence of a court order shall not affect the

applicability of the provisions of this section.

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Section 3 4.  This act shall apply to costs imposed on or

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after the effective date of this act section.

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Section 4 5.  This act shall take effect in 60 days.

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Section 4.  This act shall apply as follows:

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(1)  The reenactment, amendment and addition of 42

Pa.C.S. §§ 1725.1(f)(1), 3571(c)(4), 9721(c.1) and 9728(b)(3)

and (5) and (b.2) shall apply to costs imposed on or after

the effective date of this paragraph.

(2)  The addition of 42 Pa.C.S. § 6327(c.1) shall apply

to a criminal proceeding commenced on or after the effective

date of this paragraph.

Section 5.  This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  The addition of 42 Pa.C.S. § 6327(c.1).

(ii)  Section 4(2) of this act.

(iii)  This section.

(2)  The remainder of this act shall take effect in 60

days.