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PRINTER'S NO. 1620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1208
Session of
2022
INTRODUCED BY BROWNE, MARTIN, MENSCH AND BOSCOLA, APRIL 28, 2022
REFERRED TO JUDICIARY, APRIL 28, 2022
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
and for collection of court costs, restitution and fines by
private collection agency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9730(a) and (b)(3) and (4) of Title 42 of
the Pennsylvania Consolidated Statutes are amended and
subsection (b) is amended by adding paragraphs to read:
§ 9730. Payment of court costs, restitution and fines.
(a) Method of payment.--The treasurer of each county [may]
shall allow the use of credit cards, debit 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.
(b) Procedures regarding default.--
* * *
(2.1) If the issuing authority, senior judge or senior
magisterial district judge schedules a financial
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determination hearing for the defendant and provides notice
to the defendant of the hearing, but the defendant fails to
appear at the financial determination hearing, the issuing
authority, senior judge or senior magisterial district judge
may turn the delinquent account over to a private collection
agency or the county's collection enforcement unit as set
forth under section 9728 (relating to collection of
restitution, reparation, fees, costs, fines and penalties) ,
as provided by law.
(2.2) If the defendant has a delinquent account turned
over to a private collection agency or the county's
collection enforcement unit under paragraph (2) or (2.1), the
defendant may request a new financial determination hearing
on the defendant's financial ability to pay the court costs,
restitution or fines. Upon receipt of the request for a new
financial determination hearing under this paragraph, the
issuing authority, senior judge or senior magisterial
district judge shall schedule and conduct the hearing in
accordance with this subsection . In each communication with
the defendant, the private collection agency or the county's
collection enforcement unit shall notify the defendant of the
defendant's right to request a new financial determination
hearing under this paragraph. Upon notice that the defendant
has requested a new financial determination hearing under
this paragraph, the private collection agency or the county's
collection enforcement unit shall cease all collections
activities pending the conclusion of the financial
determination hearing. If the defendant fails to appear at
the financial determination hearing under this paragraph, the
private collection agency or county's collection enforcement
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unit may resume collection activities.
(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
[fine] fines immediately or in a single remittance, the
issuing authority, senior judge or senior magisterial
district judge may provide for payment in installments or, in
the case of costs or fines, reduce or waive the costs or
fines. In determining the appropriate installments, reduction
or waiver, 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. The issuing
authority, senior judge or senior magisterial district judge
shall waive an existing collection fee under section
9730.1(b) (relating to collection of court costs, restitution
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and fines by private collection agency) that was not
previously collected from the defendant who is determined to
be without the financial means to pay the costs, restitution
or fines under this paragraph.
(4) A decision of the issuing authority, senior judge or
senior magisterial district judge under paragraph (2), (2.1)
or (3) is subject to section 5105 (relating to right to
appellate review).
Section 2. Section 9730.1(a) and (e) of Title 42 are amended
and the section is amended by adding a subsection 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)] 9730(b) (relating to payment of court costs, restitution
and fines), 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.
* * *
(c.1) Credit reporting.--A private collection agency may not
share information with a consumer reporting agency regarding a
defendant's failure to pay costs, fines and restitution unless a
financial determination hearing has been conducted in accordance
with section 9730(b) and the issuing authority, senior judge or
senior magisterial district judge has determined that the
defendant is financially able to pay the costs, fines and
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restitution.
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Amount owing." The total amount owed by a defendant on
fines, costs or restitution in accordance with the order of
court sentencing the defendant and this section.
"Consumer reporting agency." As defined in section 603(f) of
the Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. §
1681a(f)).
"Private collection agency." A person, company, partnership
or other entity that uses any instrumentality of interstate
commerce or the mails in any business the principal purpose of
which is the collection of any debts, or who regularly collects
or attempts to collect, directly or indirectly, debts owed or
due or asserted to be owed or due another under the applicable
laws of the United States and of this Commonwealth.
Section 3. This act shall take effect in 120 days.
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