AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in judgments and other
3liens, further providing for personal earnings exempt from
4process; and, in sentencing, further providing for payment of
5court costs, restitution and fines.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 8127(b) of Title 42 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 8127. Personal earnings exempt from process.

11* * *

12(b) Priority.--An order of attachment for support shall have
13first priority and an order for restitution shall have second 
14priority over any other attachment, execution, garnishment or
15wage assignment.

16* * *

17Section 2. Section 9730(a) and (b)(2) of Title 42 are
18amended and the section is amended by adding subsections to
19read:

20§ 9730. Payment of court costs, restitution and fines.

1(a) [Use of credit cards] Method of payment.--The treasurer
2of each county may allow the use of credit cards and bank cards
3in the payment of court costs and fines[.], and may provide for 
4automatic periodic deductions from a bank account, subject to 
5the agreement of the owner of the account.

6(a.1) Wage attachment.--A court may, at sentencing, assign
7an amount not greater than 25% of the defendant's gross salary,
8wages or other earnings to be used for the payment of
9restitution, fines or court costs.

10(b) Procedures regarding default.--

11* * *

12(2) If the issuing authority, senior judge or senior
13magisterial district judge determines that the defendant is
14financially able to pay the fine or costs, the issuing
15authority, senior judge or senior magisterial district judge
16may enter an order for wage attachment, turn the delinquent
17account over to a private collection agency or impose
18imprisonment for nonpayment, as provided by law.

19* * *

20(c) Prohibition against adverse action.--No employer may
21discharge, refuse to hire, or take any other adverse action
22against any person based in whole or in part on an order for the
23attachment of wages or the possibility thereof. An employer who
24violates this section may be held in contempt of court and shall
25be liable to the person for actual damages resulting from the
26violative action.

27Section 3. This act shall take effect in 60 days.