Regular Session 2019-2020 House Bill 1952 P.N. 3743

PRINTER'S NO. 3743

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1952

Session of

2020

INTRODUCED BY D. MILLER, DAWKINS, KINSEY, HOWARD, SCHLOSSBERG,

McCLINTON, DONATUCCI, ROZZI, GAINEY, HILL-EVANS, A. DAVIS,

KIM AND WILLIAMS, MAY 13, 2020

REFERRED TO COMMITTEE ON JUDICIARY, MAY 13, 2020

AN ACT

Amending Titles 18 (Crimes and Offenses), 34 (Game), 42

(Judiciary and Judicial Procedure) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, in human trafficking,

further providing for restitution; in enforcement, further

providing for jurisdiction and penalties; in sentencing,

further providing for sentencing generally, for fine, for

collection of restitution, reparation, fees, costs, fines and

penalties, for payment of court costs, restitution and fines

and for collection of court costs, restitution and fines by

private collection agency, repealing provisions relating to

fine and further providing for failure to pay fine; in

licensing of drivers, repealing provisions relating to

suspension of operating privilege for failure to respond to

citation, providing for fee for restoration of operating

privilege and further providing for restoration of operating

privilege, for occupational limited license and for

probationary license; in financial responsibility, further

providing for definitions; and, in penalties and disposition

of fines, repealing provisions relating to inability to pay

fine and costs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3020(3) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3020. Restitution.

In addition to the provisions of section 1106 (relating to

restitution for injuries to person or property), the following

shall apply:

* * *

(3) Collection and distribution of restitution payments

shall be governed by the provisions of 42 Pa.C.S. §§ 9728

(relating to collection of restitution, reparation, fees,

costs, fines and penalties), 9730 (relating to payment of

court [costs, restitution and] fines, costs and restitution)

and 9730.1 (relating to collection of court costs,

restitution and fines by private collection agency).

Section 2. Section 925(e) of Title 34 is amended to read:

§ 925. Jurisdiction and penalties.

* * *

(e) Installment payment of fines.--Upon a plea and proof

that person is unable to pay any fine and costs imposed under

this title, a court may, in accordance with 42 Pa.C.S. § [9758

(relating to fine)] 9730 (relating to payment of court fines,

costs and restitution), permit installment payments it considers

appropriate to the circumstances of the person, in which case

its order shall specify when each installment payment is due.

* * *

Section 3. Section 9721(c.1) of Title 42 is amended to read:

§ 9721. Sentencing generally.

* * *

(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

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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

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

(relating to fines or costs)[.] or the requirements of section

9730 (relating to payment of court fines, costs and

restitution) .

* * *

Section 4. Section 9726 of Title 42 is amended by adding a

subsection to read:

§ 9726. Fine.

* * *

(e) Alternative sentence.--The sentence of the court may

include an alternative sentence in the event of nonpayment, but

the sentence shall only take effect in accordance with section

9772 (relating to failure to pay fine).

Section 5. Section 9728(g.1) of Title 42 is amended to read:

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

fines and penalties.

* * *

(g.1) Payment.--[No less than 50% of all moneys] Money

collected by the county probation department or other agent

designated by the county commissioners of the county with the

approval of the president judge of the county pursuant to

subsection (b)(1) and deducted pursuant to subsection (b)(5)

shall, until the satisfaction of the defendant's restitution

obligation, be used to pay restitution to victims. Any remaining

moneys shall be used to pay fees, costs, fines, penalties and

other court-ordered obligations.

20200HB1952PN3743 - 3 -

* * *

Section 6. Section 9730 of Title 42, amended December 18,

2019 (P.L.776, No.115), is amended to read:

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

(a) Method of payment.--The treasurer of each county may

allow the use of credit cards and bank cards in the payment of

court costs, restitution and fines and may provide for automatic

periodic deductions from a bank account, subject to the

agreement of the owner of the account.

(a.1) Wage attachment.--A court may, at sentencing, assign

an amount not greater than 25% of the defendant's gross salary,

wages or other earnings to be used for the payment of court

costs, restitution or fines.

(b) Procedures regarding default.--

(1) If a defendant defaults in the payment of court

costs, restitution or fines after imposition of sentence, the

issuing authority or a senior judge or senior magisterial

district judge appointed by the president judge for the

purposes of this section may conduct a hearing to determine

whether the defendant is financially able to pay.

(2) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

financially able to pay the costs, restitution or fine, the

issuing authority, senior judge or senior magisterial

district judge may enter an order for wage attachment, turn

the delinquent account over to a private collection agency or

impose imprisonment for nonpayment, as provided by law.

(3) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

without the financial means to pay the costs, restitution or

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fine immediately or in a single remittance, the issuing

authority, senior judge or senior magisterial district judge

may provide for payment in installments. In determining the

appropriate installments, the issuing authority, senior judge

or senior magisterial district judge shall consider the

defendant's financial resources, the defendant's ability to

make restitution and reparations and the nature of the burden

the payment will impose on the defendant. If the defendant is

in default of a payment or advises the issuing authority,

senior judge or senior magisterial district judge that

default is imminent, the issuing authority, senior judge or

senior magisterial district judge may schedule a rehearing on

the payment schedule. At the rehearing the defendant has the

burden of proving changes of financial condition such that

the defendant is without the means to meet the payment

schedule. The issuing authority, senior judge or senior

magisterial district judge may extend or accelerate the

schedule, leave it unaltered or sentence the defendant to a

period of community service as the issuing authority, senior

judge or senior magisterial district judge finds to be just

and practicable under the circumstances.

(4) A decision of the issuing authority, senior judge or

senior magisterial district judge under paragraph (2) or (3)

is subject to section 5105 (relating to right to appellate

review).] Payment of court fines, costs and restitution.

(1) Restitution established by the evidence as owed to a

victim shall be imposed in accordance with 18 Pa.C.S. § 1106

(relating to restitution for injuries to person or property).

Payment of restitution in full shall have priority over

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payment of fines or costs.

(2) The court shall:

(i) Consider only the defendant's income in

assessing fines and costs and ability to pay.

(ii) Have the discretion to waive or reduce fines

and costs at any time.

(iii) Conduct an ability-to-pay analysis before

imposing any fines or costs:

(A) At any stage in the proceeding, including,

but not limited to, pretrial proceedings,

diversionary programs, sentencing or postsentencing

proceedings.

(B) In any summary offense, misdemeanor, felony

or other offense.

9721(c.1) (relating to sentencing generally) and

9726 (relating to fine).

(3) A sentence of incarceration may not be imposed

solely because a defendant is found unable to pay.

(4) If a felony or misdemeanor charge is reduced to a

summary offense, the defendant shall be liable only for costs

associated with a summary offense, pursuant to the standards

specified in this section.

(5) In any case that arises from the same incident, each

court cost that is authorized by law shall be assessed no

more than once. A defendant may not be charged any costs

associated with charges that are withdrawn or dismissed or

otherwise do not result in conviction.

(6) The inability to pay shall not limit access to

diversionary programs or serve as grounds for removal or

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suspension from the programs.

(7) The assignment of parole fees, supervision fees or

monitoring fees shall not supersede restitution priority.

(d) Ability to pay.--

(1) The defendant shall be considered unable to pay

fines or costs if any of the following is established by a

preponderance of the evidence and greater access to financial

resources is not determined:

(i) The defendant's income is less than 125% of the

Federal poverty guidelines or the defendant is an

unemancipated juvenile.

(ii) The defendant proves that imposition of the

fines or costs would render the defendant unable to meet

basic life needs, including, but not limited to, food,

rent or mortgage, utilities, medical expenses,

transportation and dependent care, with consideration

given to employment status, treatment needs and access to

means-based public assistance.

(2) The court may request reasonable documentation in

relation to the defendant's income and ability to pay, but no

final order regarding fines and costs shall be issued without

providing the defendant with a reasonable opportunity to

produce financial documentation. The defendant shall be

provided in writing the total amount of fines, costs or

restitution imposed.

(3) The court shall allow a victim owed restitution to

provide competent and relevant evidence regarding the

defendant's finances and ability to pay, if so requested.

(4) The court may order a defendant to report any salary

increase that improves the defendant's ability to pay and any

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financial windfalls in excess of $1,000. The court shall

provide the defendant with written notice of this obligation.

(e) Installment payment schedule.--

(1) Upon a determination that a defendant has the

ability to pay, the court shall seek immediate payment. If it

is established that the payment cannot be paid in full, the

court shall permit a victim owed restitution to offer

competent and relevant evidence as to the defendant's

finances, if so requested, before finalizing an installment

payment schedule. Unless a greater payment is consented to by

the defendant, the installment payment schedule shall be

prescribed as below:

(i) A defendant whose income is less than or equal

to 125% of the Federal poverty guidelines shall not be

required to make monthly installment payments.

(ii) A defendant whose income is more than 125% but

less than 150% of the Federal poverty guidelines shall

not be required to make monthly installment payments that

exceed two times the hourly minimum wage for the

locality.

(iii) A defendant whose income is equal to or more

than 150% but less than 185% of the Federal poverty

guidelines shall not be required to make monthly

installment payments that exceed three times the hourly

minimum wage for the locality.

(iv) A defendant whose income is greater than or

equal to 185% but less than 200% of the Federal poverty

guidelines shall not be required to make monthly

installment payments that exceed four times the hourly

minimum wage for the locality.

20200HB1952PN3743 - 8 -

(v) If a defendant's income is equal to or more than

200% of the Federal poverty guidelines, the court shall

consider the evidence presented at a hearing on the

defendant's financial ability to pay and set an

installment payment schedule that would not prevent the

defendant from meeting the basic life needs of the

defendant and any of the defendant's dependents.

(2) The court may set review dates to review progress

and related financial information. The review dates based

solely on financial payments shall not be more frequent than

once every six months absent default. The scheduling shall

take into account the impact on the defendant's employment or

dependent care.

(3) The court may delegate authority 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 in accordance

with section 9728 (relating to collection of restitution,

reparation, fees, costs, fines and penalties). The court may

delegate authority to its clerks to enter into a mutually

agreeable installment payment schedule with the defendant.

However, if the defendant requests that the court hold a

hearing to set or modify a payment plan, the court shall

schedule and hold the hearing. An entity to which the

authority is delegated shall inform the defendant in writing

of the right to a hearing.

(4) Defendants shall be permitted to make payments with

credit cards or bank cards. Defendants may not be charged any

administrative fee for the use of the credit cards or bank

cards. The court may, with the consent of the defendant,

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automatically deduct payments each month, but any deduction,

garnishment or wage attachment shall not be in excess of the

defendant's payment plan amount.

(5) The court may send automated reminders to the

defendant via text message or e-mail to remind the defendant

to pay each month.

(f) Community service.--The court may, with the consent of

the defendant, permit the defendant to perform community service

in lieu of paying fines or costs or in lieu of restitution, if

agreed to on the record by the victim to whom restitution is

owed. The following shall apply:

(1) A defendant who performs community service shall

receive credit at no less than two times the hourly minimum

wage for the locality, although the court may in its

discretion give credit at a higher rate. The failure to

complete agreed-to community service may lead to

reinstatement of outstanding financial obligations in

accordance with this section.

(2) No community service may be used to enrich or

otherwise benefit:

(i) the court or staff of the court, including any

family members, colleagues or acquaintances; or

(ii) the victim or the victim's family members,

colleagues or acquaintances.

(g) Procedures regarding default.--If a defendant defaults

on an installment payment schedule or upon motion, the court may

schedule a hearing to determine the defendant's financial

ability to pay, but the court may not hold the defendant in

contempt, alter the defendant's payment plan or issue a sanction

without first holding a hearing. A bench warrant may not be

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issued solely for a financial default. The following shall

apply:

(1) With respect to notice of the hearing:

(i) Notice shall be provided via certified mail and

via phone, text or e-mail when possible, but not as a

substitute for traditional service.

(ii) At a minimum, notice shall include:

(A) The date, time and location of the hearing.

(B) The total amount owed in fines, costs and

restitution.

any.

(D) Any measure that the defendant may take to

avoid a hearing.

(E) A reminder that the defendant may bring

documentation regarding the defendant's finances or a

list of documents that the court requires the

defendant to bring.

(F) If the court is considering incarcerating

the defendant, a statement that the defendant has a

right to counsel at the hearing, with instructions on

how to apply for a public defender if the defendant

cannot afford counsel.

(iii) Notice shall be provided to a victim to whom

restitution is owed, when so requested.

(2) If the defendant fails to appear at the hearing, the

court may issue a bench warrant or reschedule the hearing.

(3) With respect to a hearing on the ability of a

defendant to pay fines, costs or restitution, the court shall

affirmatively inquire into the reasons for nonpayment and the

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defendant's present financial status in accordance with the

standards specified in subsection (d). The following shall

apply:

(i) The defendant has the right to offer evidence

and to representation if there is a likelihood of

incarceration.

(ii) A victim who is owed restitution is entitled to

notice if so requested.

(iii) The court shall make written findings on the

record and provide any of the following findings:

(A) A finding of the defendant's willful refusal

to pay. If the Commonwealth establishes, by a

preponderance of the evidence, that the defendant has

the financial ability to pay and has willfully

refused to pay, the court may, in accordance with

subsection (c), take any of the following actions or

combination of actions:

(I) Reinstate, alter or otherwise create an

installment payment schedule.

(II) Impose a sentence of community service.

(III) Refer the case to a private debt

collection agency in accordance with section

9730.1 (relating to collection of court costs,

restitution and fines by private collection

agency).

(IV) Impose any sanction provided by law.

The following shall apply:

(a) No person shall be incarcerated for

nonpayment unless the court makes the

necessary finding under this subsection.

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(b) The court may impose a purge

condition, compliance with which will allow

the defendant to avoid sanction, only if it

finds beyond a reasonable doubt that the

defendant has the present ability to comply.

(B) A finding of the defendant's inability to

pay. The court may, in accordance with subsection

(c), take any of the following actions or combination

of actions:

(I) Reinstate, alter or otherwise create an

installment payment schedule that will allow

compliance.

(II) Reduce or waive fines and costs owed.

(III) With consent, allow for fines, costs

or restitution to be completed by community

service.

(h) Reduction or waiver of fines, costs or restitution.--

(1) At any time deemed appropriate or upon motion, the

court may waive or reduce a defendant's fines or costs, or

any portion thereof, as noncollectible due to the defendant's

inability to pay, or may waive or reduce the amounts for any

reason. If the waiver or reduction results in eliminating any

outstanding balance of fines or costs, the court shall

specify in writing that the case was closed for that reason.

Any existing civil judgment or lien entered in accordance

with section 9728 shall be terminated.

(2) Any amount of unpaid restitution may be reduced or

waived only if the court finds on the record that the victim

has given consent to the reduction or waiver.

(i) Termination of probation or parole.--

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(1) If a defendant has completed all rehabilitative

goals of probation or parole other than payment of fines and

costs and there has no been no finding of willful refusal to

pay, the court shall terminate supervision.

(2) If a defendant has completed all rehabilitative

goals of probation or parole but restitution remains and

there has been no finding of willful refusal to pay, the

court may terminate supervision.

(3) If any financial obligation is still owed or

assigned at the termination of supervision, the court shall

provide the defendant with the amount in writing, place the

defendant on an installment payment schedule in accordance

with this section and inform the defendant that payment is

still owed and that willful failure to comply may result in a

finding of contempt and possible imprisonment. The inability

to pay shall not constitute grounds to revoke or extend a

period of probation or parole.

(j) Time limit on contempt proceedings.--

(1) A court may not hold a defendant in contempt or

otherwise arrest or imprison a defendant for nonpayment of

fines or costs beyond the maximum term of imprisonment to

which the defendant could have been sentenced for the crimes

of which the defendant was convicted or upon the termination

of probation, if any.

(2) In summary offenses, the court may not hold a

defendant in contempt or otherwise arrest or imprison a

defendant for nonpayment of fines or costs once two years

have passed since the date of conviction for the offense or

upon the termination of probation, if any.

(3) Nothing in this subsection limits the ability of the

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Commonwealth to enforce a civil judgment entered in

accordance with sections 5529(a) (relating to twenty year

limitation) and 9728.

(k) Appeal.--An order entered under this section is subject

to an appeal under section 5105 (relating to right to appellate

review). The filing of an appeal of an order of incarceration

shall operate as an automatic supersedeas until the conclusion

of the appeal, unless otherwise ordered by a court having

jurisdiction over the appeal.

(l) Applicability.--This section shall apply notwithstanding

any other provisions of law.

Section 7. Section 9730.1(a) and (d) of Title 42 are amended

to read:

§ 9730.1. Collection of court costs, restitution and fines by

private collection agency.

(a) Generally.--In accordance with section [9730(b)(1) and

(2) (relating to payment of court costs, restitution and fines)]

9730 (relating to payment of court fines, costs and

restitution), an issuing authority may refer the collection of

costs, fines and restitution of a defendant to a private

collection agency whether or not the defendant's maximum

sentence or probationary term has expired with or without

holding a hearing pursuant to this section. Such collection

agency shall adhere to accepted practices in accordance with

applicable Federal and State law to collect such costs, fines

and restitution.

* * *

(d) Imprisonment.--Nothing in this subchapter limits the

ability of a judge to imprison a person for nonpayment, as

provided by law; however, imprisonment for nonpayment shall not

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be imposed without a public hearing under section [9730(b)(1)]

9730.

* * *

Section 8. Section 9758 of Title 42 is repealed:

[§ 9758. Fine.

(a) General rule.--In imposing a fine the court shall at the

time of sentencing specify the amount of the fine up to the

amount authorized by law and shall provide when it is to be

paid, and in the absence of statutory direction provide whether

it is to be paid to the county or to the Commonwealth.

(b) Installment payment.--Except for fines imposed under

Title 34 (relating to game), the court may permit installment

payments as it considers appropriate to the circumstances of the

defendant, in which case its order shall specify when each

installment payment is due. Installment payments for fines

imposed for summary offenses under Title 34 shall not exceed one

year for summary offenses and, except for 34 Pa.C.S. § 2522

(relating to shooting at or causing injury to human beings),

shall not exceed two years for misdemeanor offenses.

include an alternative sentence in the event of nonpayment.]

Section 9. Section 9772 of Title 42 is amended to read:

§ 9772. Failure to pay fine.

[Unless there is proof that failure to pay a fine or that

portion of the fine that is due is excusable, the] The court may

after a hearing find the defendant guilty of contempt and

sentence him to not more than six months imprisonment, if a term

of confinement of that amount could have been imposed for the

offense charged[.] and the defendant is not indigent and is

willfully refusing to pay in accordance with section 9730

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(relating to payment of court fines, costs and restitution). The

court shall make findings on the record regarding the

defendant's ability to pay. If an alternative sentence has been

imposed under section [9758(c) (relating to alternative

sentence)] 9726(e) (relating to fine), the alternative sentence

may not take effect until there has been a preliminary finding

of non-indigency, and a willful failure to pay the fine in

accordance with section 9730.

Section 10. Section 1533 of Title 75 is repealed:

[§ 1533. Suspension of operating privilege for failure to

respond to citation.

(a) Violations within Commonwealth.--The department shall

suspend the operating privilege of any person who has failed to

respond to a citation or summons to appear before an issuing

authority or a court of competent jurisdiction of this

Commonwealth for any violation of this title, other than

parking, or who has failed to pay any fine, costs or restitution

imposed by an issuing authority or such courts for violation of

this title, other than parking, upon being duly notified by an

issuing authority or a court of this Commonwealth.

(b) Violations outside Commonwealth.--The department shall

suspend the operating privilege of any person who has failed to

respond to a citation, summons or similar writ to appear before

a court of competent jurisdiction of the United States or any

state which has entered into an enforcement agreement with the

department, as authorized under section 6146 (relating to

enforcement agreements), for any violation of the motor vehicle

laws of such state, other than parking, or who has failed to pay

any fine or costs imposed by such court upon being duly notified

in accordance with the laws of such jurisdiction in which the

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violation occurred. A person who provides proof, satisfactory to

the department, that the full amount of the fine and costs has

been forwarded to and received by the court shall not be

regarded as having failed to respond for the purposes of this

subsection.

an issuing authority or court notifies the department to impose

a suspension pursuant to subsection (a), the issuing authority

or court shall notify the person in writing of the requirement

to respond to the citation and pay all fines, restitution and

penalties imposed by the issuing authority or court.

(d) Period of suspension.--The suspension shall continue

until such person shall respond to the citation, summons or

writ, as the case may be, and pay all fines, restitution and

penalties imposed or enter into an agreement to make installment

payments for the fines, restitution and penalties imposed

provided that the suspension may be reimposed by the department

if the defendant fails to make regular installment payments and,

if applicable, pay the fee prescribed in section 1960 (relating

to reinstatement of operating privilege or vehicle

registration).

(e) Remedy cumulative.--A suspension under this section

shall be in addition to the requirement of withholding renewal

or reinstatement of a violator's driver's license as prescribed

in section 1503(a) (relating to persons ineligible for

licensing; license issuance to minors; junior driver's license).

(f) Admissibility of documents.--A copy of a document issued

by a court or issuing authority of this Commonwealth or by an

official of another state shall be admissible for the purpose of

proving a violation of this section.]

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Section 11. Title 75 is amended by adding a section to read:

§ 1533.1. Fee for restoration of operating privilege.

A person whose operating privilege was suspended under former

section 1533 (relating to suspension of operating privilege for

failure to respond to citation) before the effective date of

this section shall have the operating privilege promptly

restored by the department without the requirement to pay any

fee prescribed in section 1960 (relating to reinstatement of

operating privilege or vehicle registration).

Section 12. Sections 1545, 1553(b)(4)(i)(A), (d)(12) and

(15)(i) and 1554(f)(3) of Title 75 are amended to read:

§ 1545. Restoration of operating privilege.

Upon the restoration of any person's operating privilege

which has been suspended or revoked pursuant to this subchapter

or pursuant to Chapter 38 (relating to driving after imbibing

alcohol or utilizing drugs), such person's record shall show

five points, except that any additional points assessed against

the person since the date of the last violation resulting in the

suspension or revocation shall be added to such five points

unless the person has served an additional period of suspension

or revocation pursuant to section 1544(a) (relating to

additional period of revocation or suspension). This section

shall not apply to former section 1533 (relating to suspension

of operating privilege for failure to respond to citation) or to

former 18 Pa.C.S. § 6310.4 (relating to restriction of operating

privileges).

§ 1553. Occupational limited license.

* * *

(b) Petition.--

* * *

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(4) (i) A person whose operating privilege has been

suspended for a conviction of section 1543 (relating to

driving while operating privilege is suspended or

revoked) may not petition for an occupational limited

license unless department records show that the

suspension for a conviction of section 1543 occurred only

as the result of:

(A) a suspension for failure to respond to a

citation imposed under the authority of former

section 1533 (relating to suspension of operating

privilege for failure to respond to citation) or

section 6146 (relating to enforcement agreements);

* * *

(d) Unauthorized issuance.--The department shall prohibit

issuance of an occupational limited license to:

* * *

(12) Any person whose operating privilege is currently

suspended for failure to respond to a citation pursuant to

section [1533 or] 6146.

* * *

(15) Any person whose operating privilege has been

suspended for a conviction of section 1543 unless department

records show that the suspension for a conviction of section

1543 occurred only as a result of:

(i) a suspension for failure to respond to a

citation imposed under the authority of former section

1533 or section 6146;

* * *

§ 1554. Probationary license.

* * *

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(f) Unauthorized issuance.--The department shall not issue a

probationary license to:

* * *

(3) A person whose operating privilege is currently

suspended under section [1533 (relating to suspension of

operating privilege for failure to respond to citation) or]

6146 (relating to enforcement agreements).

* * *

Section 13. The definition of "clean risk" in section 1702

of Title 75 is amended to read:

§ 1702. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Clean risk." An insured or an applicant for insurance who,

for the 36-month period immediately preceding the date of

application or renewal date of the policy:

(1) has not been involved in an accident as a driver,

provided that, for purposes of this paragraph, an "accident"

shall not include accidents described in section 3 of the

Automobile Insurance Policy Act or section 1799.3 (relating

to limit on cancellations, refusals to renew, refusals to

write, surcharges, rate penalties and point assignments);

(2) has not received more than three points for

violations as set forth in Chapter 15 (relating to licensing

of drivers); and

(3) whose operator's license has not been suspended or

revoked except under former section 1533 (relating to

suspension of operating privilege for failure to respond to

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citation) and the insured is able to produce proof that he or

she has responded to all citations and paid all fines and

penalties imposed under that section and provided further

that the named insured has been a licensed operator in

Pennsylvania or another state for the immediately preceding

three years.

* * *

Section 14. Section 6504 of Title 75 is repealed:

[§ 6504. Inability to pay fine and costs.

(a) Order for installment payments.--Upon plea and proof

that a person is unable to pay any fine and costs imposed under

this title, a court may, in accordance with 42 Pa.C.S. § 9758

(relating to fine), order payment of the fine and costs in

installments and shall fix the amounts, times and manner of

payment.

(b) Imprisonment for nonpayment.--Any person who does not

comply with an order entered under this section may be

imprisoned for a number of days equal to one day for each $40 of

the unpaid balance of the fine and costs.]

Section 15. This act shall take effect in 60 days.

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