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HOUSE AMENDED
A03639
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
741
Session of
2017
INTRODUCED BY GREENLEAF, LEACH, HUGHES, COSTA, RAFFERTY,
FARNESE, YUDICHAK, STREET, RESCHENTHALER AND HAYWOOD,
JUNE 4, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 3, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in Administrative Office
of Pennsylvania Courts, further providing for senior judge
operational support grants; in facilities and supplies,
further providing for deposits into account and for
surcharge; and repealing provisions relating to expiration of
chapter.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1906(i), 3733(a.1)(1) and (2)(iii) and
3733.1(a)(1) of Title 42 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 1906. Senior judge operational support grants.
* * *
(i) Expiration.--This section shall expire on June 30,
[2017] 2022, unless reenacted prior to that date.
SECTION 1. SECTION 3733(A.1)(1) AND (2)(III) OF TITLE 42 OF
THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED and
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subsection (a) is amended by adding a paragraph TO READ:
§ 3733. Deposits into account.
* * *
(a) General rule.--
* * *
(3) Beginning July 1, 2018, fines, fees or costs which
are allocated by law or otherwise directed to the Department
of Agriculture under the act of December 7, 1982 (P.L.784,
No.225), known as the Dog Law, shall not be affected by this
subchapter.
(a.1) Additional fees.--
(1) In addition to the court costs and filing fees
authorized to be collected by statute:
(i) An additional fee of [$10] $12 shall be charged
and collected by the prothonotaries of the Pennsylvania
Supreme, Superior and Commonwealth Courts for each
initial filing for which a fee, charge or cost is now
authorized.
(ii) An additional fee of [$10] $12 shall be charged
and collected by the prothonotaries, clerks of orphans'
courts and registers of wills of all courts of common
pleas, or by any officials designated to perform the
functions thereof, for the initiation of any civil action
or legal proceeding.
(iii) An additional fee of [$10] $12 shall be
charged by the clerks of courts of all courts of common
pleas, or by any officials designated to perform the
functions thereof, for the initiation of any criminal
proceeding for which a fee, charge or cost is now
authorized and a conviction is obtained or guilty plea is
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entered. The additional fee under this subparagraph shall
also be charged and collected when a defendant is granted
entry into Accelerated Rehabilitative Disposition or any
other pretrial diversionary program.
(iv) An additional fee of [$10] $12 shall be charged
and collected by the minor judiciary, including
magisterial district judges, Philadelphia Municipal
Court, Philadelphia Traffic Court and Pittsburgh
Municipal Court, for the initiation of a legal proceeding
for which a fee or cost is now authorized, except that in
criminal, summary and traffic matters the fee shall be
charged only when a conviction is obtained or guilty plea
is entered. The additional fee under this subparagraph
shall also be charged and collected when a defendant is
granted entry into Accelerated Rehabilitative Disposition
or any other pretrial diversionary program.
(v) An additional fee of [$10] $12 shall be charged
and collected by the recorders of deeds and clerks of
court, or by any officials designated to perform similar
functions, for each filing of a deed, mortgage or
property transfer for which a fee, charge or cost is now
authorized. The Supreme Court shall designate by
financial regulations which filings meet the criteria of
this subparagraph.
(2) The additional fees identified in paragraph (1)
shall be fixed and charged for the fiscal years as indicated:
* * *
(iii) For the fiscal year 2005-2006 and each fiscal
year thereafter, $8 of each additional fee shall be
deposited into the Judicial Computer System Augmentation
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Account, and [$2] $4 of each additional fee shall be
deposited into the Access to Justice Account under
section 4904.
* * *
§ 3733.1. Surcharge.
(a) Imposition of surcharge.--In addition to each fee
imposed under section 3733(a.1) (relating to deposits into
account), except as set forth in subsection (b), the following
apply:
(1) A surcharge of $11.25 shall be charged and
collected. This paragraph shall expire December 31, [2017]
2022.
* * *
Section 2. Section 4907 of Title 42 is repealed:
[§ 4907. Expiration of chapter.
This chapter shall expire on November 1, 2017. At least one
year prior to the expiration of this chapter, the Legislative
Budget and Finance Committee shall conduct and submit to the
General Assembly a performance audit for the purpose of
determining whether there is a continuing justification for the
activities and level of financial support provided for under
this chapter.]
Section 3. This act shall take effect in 60 days
IMMEDIATELY.
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