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| PRIOR PRINTER'S NO. 2957 | PRINTER'S NO. 3033 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GILLESPIE, BEYER, BOYD, D. COSTA, CREIGHTON, CUTLER, EVERETT, FAIRCHILD, GOODMAN, GRELL, GROVE, HALUSKA, HENNESSEY, HESS, HORNAMAN, KULA, LONGIETTI, MILLARD, MILLER, MOUL, OBERLANDER, O'NEILL, PHILLIPS, PYLE, RAPP, READSHAW, SCAVELLO, SIPTROTH, SONNEY, STERN, SWANGER, TALLMAN, VULAKOVICH, GEIST, MURT, HARRIS, GINGRICH AND SAYLOR, DECEMBER 4, 2009 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 16, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | sentencing generally and for collection of restitution, |
4 | reparation, fees, costs, fines and penalties. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 9721 of Title 42 of the Pennsylvania |
8 | Consolidated Statutes is amended by adding a subsection to read: |
9 | § 9721. Sentencing generally. |
10 | * * * |
11 | (c.1) Mandatory payment of costs.--Notwithstanding the |
12 | provisions of section 9728 (relating to collection of |
13 | restitution, reparation, fees, costs, fines and penalties) or |
14 | any provision of law to the contrary, in addition to the |
15 | alternatives set forth in subsection (a), the court shall order |
16 | the defendant to pay costs. In the event the court fails to |
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1 | issue an order for costs pursuant to section 9728, costs shall |
2 | be imposed upon the defendant under this section. No court order |
3 | shall be necessary for the defendant to incur liability for |
4 | costs under this section. |
5 | * * * |
6 | Section 2. Section 9728(b)(3) and (5) of Title 42 are |
7 | amended and the section is amended by adding a subsection to |
8 | read: |
9 | § 9728. Collection of restitution, reparation, fees, costs, |
10 | fines and penalties. |
11 | * * * |
12 | (b) Procedure.-- |
13 | * * * |
14 | (3) The county clerk of courts shall, upon sentencing, |
15 | pretrial disposition or other order, transmit to the |
16 | Department of Probation of the respective county or other |
17 | agent designated by the county commissioners of the county |
18 | with the approval of the president judge of the county and to |
19 | the county correctional facility to which the offender has |
20 | been sentenced or to the Department of Corrections, whichever |
21 | is appropriate, copies of all orders for restitution and |
22 | amendments or alterations thereto, reparation, fees, costs, |
23 | fines and penalties. This paragraph also applies in the case |
24 | of costs imposed under section 9721(c.1) (relating to |
25 | sentencing generally). |
26 | * * * |
27 | (5) The county correctional facility to which the |
28 | offender has been sentenced or the Department of Corrections |
29 | shall be authorized to make monetary deductions from inmate |
30 | personal accounts for the purpose of collecting restitution |
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1 | or any other court-ordered obligation or costs imposed under |
2 | section 9721(c.1). Any amount deducted shall be transmitted |
3 | by the Department of Corrections or the county correctional |
4 | facility to the probation department of the county or other |
5 | agent designated by the county commissioners of the county |
6 | with the approval of the president judge of the county in |
7 | which the offender was convicted. The Department of |
8 | Corrections shall develop guidelines relating to its |
9 | responsibilities under this paragraph. |
10 | * * * |
11 | (b.2) Mandatory payment of costs.--The following apply: | <-- |
12 | (1) Notwithstanding any provision of law to the |
13 | contrary, in the event the court fails to issue an order |
14 | under subsection (a) imposing costs upon the defendant, the |
15 | defendant shall nevertheless be liable for costs, as provided |
16 | in section 9721(c.1). The absence of a court order shall not |
17 | affect the applicability of the provisions of this section. |
18 | (2) When costs are imposed under section 9721(c.1), an | <-- |
19 | offender who has been sentenced to a period of confinement |
20 | shall be given the opportunity to file written objections |
21 | with the Department of Corrections or the county correctional |
22 | facility to which he has been sentenced, as appropriate. The |
23 | Department of Corrections shall develop an informal, |
24 | nonadversarial process to review the written objections for |
25 | use by the Department of Corrections and county correctional |
26 | facilities. In no case may the department or the county |
27 | correctional facility make monetary deductions from the |
28 | personal account of an offender without first reviewing and |
29 | responding to any written objection filed by the offender. |
30 | The department shall develop guidelines relating to its |
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1 | responsibilities under this paragraph. |
2 | * * * |
3 | Section 3. This act shall apply to costs imposed on or after |
4 | the effective date of this act. |
5 | Section 4. This act shall take effect in 60 days. |
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