PRINTER'S NO. 1272
No. 1113 Session of 1983
INTRODUCED BY RUDY, COLE, STUBAN, AFFLERBACH, BROUJOS, BALDWIN,
WACHOB AND McHALE, MAY 25, 1983
REFERRED TO COMMITTEE ON JUDICIARY, MAY 25, 1983
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 collection of fines and court costs in certain circumstances.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3548. Collection of costs, restitution and fines.
9 (a) Order of collection.--In criminal cases where the court
10 has ordered restitution, the collection of costs, restitution
11 and fines shall be made in that order of precedence.
12 (b) Hearing upon default.--Whenever any person is in default
13 of any amount of costs or restitution mandated by court order,
14 the office responsible for the collection of the costs and
15 restitution shall notify the court and the court may schedule
16 and hold a hearing upon the matter with notice to the defendant.
17 (c) Attachment of wages.--If, following the hearing provided
18 for in subsection (b), the court is satisfied that the defendant
1 is unwilling but able to make timely payment of costs or
2 restitution, the court may order garnishment of wages as
3 follows:
4 (1) A certified copy of the court order shall be served
5 on the employer, whether a government unit or private person,
6 and may be served by registered or certified mail or by any
7 adult person or in any other manner provided by law.
8 (2) The certified copy of the order shall contain an
9 order directing the employer to make a full answer, within
10 ten days after service of the order, of the amount of wages,
11 salary or commissions of the defendant and, subject to the
12 Federal Consumer Credit Protection Act (15 U.S.C § 1671 et.
13 seq.), may further direct the employer to withhold a portion,
14 determined by the court, of the amount due to the defendant,
15 not to exceed 25% of his disposable income, until further
16 orders of the court.
17 (3) The court shall determine the amount of the wages,
18 salary or commissions which shall be regularly paid by the
19 employer to the court, in accordance with Federal law, and
20 shall so notify the employer.
21 (4) Thereafter, it shall be the duty of the employer to
22 pay that amount regularly to the court and, upon failure to
23 make payment, the employer shall be in contempt and subject
24 to punishment as provided by law. The employer may deduct 2%
25 of the amount paid under the order from the wages of the
26 defendant for clerical work and expense involved in complying
27 therewith.
28 (5) The attachment shall continue until dissolved by
29 order of the court.
30 Section 2. Section 8127 of Title 42, amended December 20,
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1 1982 (P.L.1409, No.326), is amended to read:
2 § 8127. Personal earnings exempt from process.
3 The wages, salaries and commissions of individuals shall
4 while in the hands of the employer be exempt from any
5 attachment, execution or other process except upon an action or
6 proceeding:
7 (1) For support.
8 (2) For board for four weeks or less.
9 (3) Under the act of August 7, 1963 (P.L.549, No.290),
10 referred to as the Pennsylvania Higher Education Assistance
11 Agency Act.
12 (4) A proceeding under section 3548 (relating to
13 collection of costs, restitution and fines).
14 Section 3. This act shall take effect immediately.
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