PRINTER'S NO. 1180
No. 1038 Session of 1989
INTRODUCED BY PIEVSKY, PICCOLA, DeWEESE, CALTAGIRONE, O'DONNELL,
DONATUCCI, COY, JAROLIN, CAWLEY, RYBAK, J. H. CLARK, MILLER,
WOGAN, VEON, TRICH, FARGO, KOSINSKI, O'BRIEN, BLAUM, JOHNSON,
CHADWICK, MAIALE, HOWLETT, NOYE, MORRIS, KUKOVICH, FAIRCHILD,
GODSHALL, LINTON, OLASZ, J. L. WRIGHT, HALUSKA, MICHLOVIC,
ROBINSON, GLADECK, PRESSMANN, MOEHLMANN, HAYDEN,
YANDRISEVITS, KENNEY, MERRY, DEMPSEY, TRELLO, TIGUE, THOMAS,
S. H. SMITH, MELIO, LASHINGER, DeLUCA AND RIEGER,
APRIL 5, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for collection
3 of money in criminal actions.
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 § 9728. Collection of restitution, reparation, fees, costs,
9 fines and penalties.
10 All restitution, reparation, fees, costs, fines and penalties
11 shall be collectible in any manner provided by law. However,
12 such restitution, reparation, fees, costs, fines and penalties
13 are part of a criminal action or proceeding and shall not be
14 deemed debts. A sentence or pretrial disposition order for
15 restitution, reparation, fees, costs, fines or penalties shall,
1 together with interest and any additional costs that may accrue,
2 be a judgment upon the person or the property of the person
3 sentenced or subject to the pretrial disposition order. The
4 county probation department or other appropriate governmental
5 agency shall, upon sentencing, transmit to the prothonotaries of
6 the respective counties certified copies of all judgments for
7 restitution, reparation, fees, costs, fines and penalties, and
8 it shall be the duty of each prothonotary to enter and docket
9 the same of record in his office and to index the same as
10 judgments are indexed, without requiring the payment of costs as
11 a condition precedent to the entry thereof. The total amount for
12 which the person is liable pursuant to this section may be
13 entered as a judgment upon the person or the property of the
14 person sentenced, regardless of whether the amount has been
15 ordered to be paid in installments. Notwithstanding 18 Pa.C.S. §
16 1106(c)(2) (relating to restitution for injuries to person or
17 property), the period of time during which such judgments shall
18 have full effect may exceed the maximum term of imprisonment to
19 which the offender could have been sentenced for the crimes of
20 which he was convicted. However, this section shall not affect
21 contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
22 Section 2. This act shall take effect in 60 days.
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