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PRIOR PRINTER'S NO. 1644
PRINTER'S NO. 1663
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1120
Session of
2020
INTRODUCED BY BAKER, FARNESE, KILLION, K. WARD, J. WARD, REGAN,
STEFANO, ARNOLD AND SCAVELLO, APRIL 17, 2020
SENATOR BAKER, JUDICIARY, RE-REPORTED AS AMENDED, APRIL 29, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, further
providing for payment of court costs, restitution and fines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9730 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 9730. Payment of court costs, restitution and fines.
* * *
(c) Judicial emergencies.--
(1) Notwithstanding any other provision of this chapter,
during the time period IN THE EVENT of a judicial emergency
declared under Article V of the Constitution of Pennsylvania,
a law of this Commonwealth, a rule of court or other judicial
order by the Supreme Court or any agency or unit of the
unified judicial system exercising a power or performing a
duty in accordance with section 1721 (relating to delegation
of powers), the failure to pay court costs, restitution or
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fines otherwise due during the declared judicial emergency
PRIOR TO THE EXPIRATION OF THE EARLIER TO OCCUR OF THE
ADDITIONAL 60-DAY PERIODS SPECIFIED UNDER PARAGRAPH (2)(I),
(II) OR (III) shall not be considered a default for the
purposes of this section . A defendant shall have an
additional 30 days after the expiration of the declared
judicial emergency to pay court costs, restitution or fines
otherwise due. The failure to pay court costs, restitution or
fines otherwise due during the additional 30-day period
specified under this paragraph shall be considered a default
for the purposes of this section.
(2) This subsection shall apply to any judicial district
for which a judicial emergency is declared. If a Statewide
judicial emergency is declared, this subsection shall apply
to all judicial districts. This subsection shall be
retroactive to March 18, 2020. IF THE PAYMENT OF THE COURT
COSTS, RESTITUTION OR FINES IS MADE IN ACCORDANCE WITH
PARAGRAPH (2).
(2) A DEFENDANT SHALL HAVE AN ADDITIONAL 60 DAYS TO PAY
COURT COSTS, RESTITUTION OR FINES OTHERWISE DUE AFTER EITHER
OF THE FOLLOWING, WHICHEVER OCCURS FIRST:
(I) THE EXPIRATION OF THE DECLARED JUDICIAL
EMERGENCY.
(II) THE JUDICIAL DISTRICT ESTABLISHES A METHOD BY
WHICH THE PAYMENT MAY BE COMMENCED BY RULE OF COURT OR
OTHER JUDICIAL ORDER DURING THE JUDICIAL EMERGENCY.
(III) THE EFFECTIVE DATE OF THE JUDICIAL EMERGENCY
IF THE JUDICIAL DISTRICT HAS ESTABLISHED A METHOD BY
WHICH THE PAYMENT MAY BE COMMENCED BY RULE OF COURT OR
OTHER JUDICIAL ORDER PRIOR TO SUCH EFFECTIVE DATE.
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(3) THIS SUBSECTION SHALL APPLY TO ANY JUDICIAL DISTRICT
FOR WHICH A JUDICIAL EMERGENCY IS DECLARED. IF A STATEWIDE
JUDICIAL EMERGENCY IS DECLARED, THIS SUBSECTION SHALL APPLY
TO ALL JUDICIAL DISTRICTS. THIS SUBSECTION SHALL BE
RETROACTIVE TO MARCH 18, 2020.
Section 2. This act shall take effect immediately.
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