H0758B1825A02255 DMS:EJH 06/18/15 #90 A02255
AMENDMENTS TO HOUSE BILL NO. 758
Sponsor: REPRESENTATIVE PETRARCA
Printer's No. 1825
Amend Bill, page 1, line 17; page 2, lines 1 and 2; by
striking out all of said lines on said pages and inserting
Section 2. Section 9730 of Title 42 is amended to read:
Amend Bill, page 2, line 6, by inserting after "costs"
, restitution
Amend Bill, page 2, line 12, by striking out "restitution,
fines or"
Amend Bill, page 2, line 12, by inserting after "costs"
, restitution or fines
Amend Bill, page 2, line 14, by striking out all of said line
and inserting
(1) If a defendant defaults in the payment of [a fine,]
court costs [or], restitution or fine 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.
Amend Bill, page 2, line 17, by inserting a bracket before
"fine"
Amend Bill, page 2, line 17, by inserting a bracket after
"or"
Amend Bill, page 2, line 17, by inserting after "costs"
, restitution or fine
Amend Bill, page 2, line 22, by striking out all of said line
and inserting
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(3) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
without the financial means to pay the [fine or] costs,
restitution or 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] and ability to pay. 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).
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