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        PRIOR PRINTER'S NO. 275                       PRINTER'S NO. 2105

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 247 Session of 1989


        INTRODUCED BY CALTAGIRONE, MOEHLMANN, LETTERMAN, PETRONE,
           KASUNIC, JOSEPHS, BELFANTI, HECKLER, GRUITZA, McCALL,
           STABACK, BILLOW, CARLSON, HASAY, HAGARTY, BORTNER, JAROLIN,
           DISTLER, ROBBINS, WASS, TRELLO, DeWEESE, MARKOSEK, MERRY,
           CESSAR, FOSTER, B. SMITH, STAIRS, G. SNYDER, DORR, PHILLIPS,
           WOZNIAK, BOWLEY AND SCHEETZ, FEBRUARY 6, 1989

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 19, 1989

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     deposits into the Judicial Computer System Augmentation
     4     Account; IMPOSING ADDITIONAL FEES; and making refunds.         <--

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 3733(a) of Title 42 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 3733.  Deposits into account.
    10     (a)  General rule.--Beginning July 1, 1987, and thereafter,
    11  the total of all fines, fees and costs collected by any division
    12  of the unified judicial system which are in excess of the amount
    13  collected from such sources in the fiscal year 1986-1987 shall
    14  be deposited in the Judicial Computer System Augmentation
    15  Account. Any fines, fees or costs which are allocated by law or
    16  otherwise directed to the Pennsylvania Fish Commission, to the


     1  Pennsylvania Game Commission or to counties and municipalities,
     2  to the Crime Victim's Compensation Board, to the Commission on
     3  Crime and Delinquency for victim-witness services grants under
     4  section 477.15(c) of the act of April 9, 1929 (P.L.177, No.175),
     5  known as The Administrative Code of 1929, to rape crisis
     6  centers, to the Emergency Medical Services Operating Fund or to
     7  domestic violence shelters shall not be affected by this
     8  subchapter.
     9     (A.1)  ADDITIONAL FEES.--IN ADDITION TO THE COURT COSTS AND    <--
    10  FILING FEES AUTHORIZED TO BE COLLECTED BY STATUTE, AN ADDITIONAL
    11  FEE OF $5 SHALL BE CHARGED AND COLLECTED BY THE PROTHONOTARIES
    12  OF THE PENNSYLVANIA SUPREME, SUPERIOR AND COMMONWEALTH COURTS
    13  FOR EACH INITIAL FILING FOR WHICH A FEE, CHARGE OR COST IS NOW
    14  AUTHORIZED. AN ADDITIONAL FEE OF $5 SHALL BE CHARGED AND
    15  COLLECTED BY THE PROTHONOTARIES AND CLERKS OF COURTS OF ALL
    16  COURTS OF COMMON PLEAS, ALL REGISTERS OF WILLS AND RECORDERS OF
    17  DEEDS FOR ANY TRANSACTION FOR WHICH A FEE, CHARGE OR COST IS NOW
    18  AUTHORIZED, EXCEPT THAT A FEE OF $1.50 WILL BE CHARGED AND
    19  COLLECTED ON ALL CRIMINAL PROCEEDINGS INVOLVING MISDEMEANORS. AN
    20  ADDITIONAL FEE OF $1.50 SHALL BE CHARGED AND COLLECTED BY THE
    21  MINOR JUDICIARY, INCLUDING DISTRICT JUSTICES, PHILADELPHIA
    22  MUNICIPAL COURT, PHILADELPHIA TRAFFIC COURT AND PITTSBURGH
    23  MAGISTRATES COURT ON ANY TRANSACTION FOR WHICH A FEE IS NOW
    24  AUTHORIZED. THE ADDITIONAL FEES SHALL BE DEPOSITED INTO THE
    25  JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT.
    26     * * *
    27     Section 2.  Any fines, fees or costs collected under section
    28  3(a) of the act of July 13, 1987 (P.L.340, No.64), entitled "An
    29  act providing for the establishment, funding and operation of a
    30  special restricted receipt account within the General Fund to
    19890H0247B2105                  - 2 -

     1  support the establishment and operation of a Statewide judicial
     2  computer system; providing for annual appropriations from the
     3  restricted funds; and providing for the payment of a portion of
     4  all fines, fees and costs collected by the judiciary into the
     5  restricted receipt account," or under 42 Pa.C.S. § 3733
     6  (relating to deposits into account) which cannot be collected
     7  under 42 Pa.C.S. § 3733 because of this amendatory act shall be
     8  refunded to the affected boards, agencies, commissions or
     9  political subdivisions.
    10     Section 3.  Section 1 (section 3733(a)) shall be retroactive
    11  to July 1, 1987.
    12     Section 4.  This act shall take effect immediately.












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