PRIOR PRINTER'S NO. 1180 PRINTER'S NO. 1909
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, RIEGER, E. Z. TAYLOR,
WOZNIAK, FOX, WESTON, EVANS, KASUNIC, STABACK, McVERRY,
COLAIZZO, RITTER, REBER, PISTELLA, DIETTERICK, BELARDI,
G. SNYDER, BISHOP AND GANNON, APRIL 5, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 31, 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
1 deemed debts. A sentence or pretrial disposition order for
2 restitution, reparation, fees, costs, fines or penalties shall,
3 together with interest and any additional costs that may accrue,
4 be a judgment upon the person or the property of the person
5 sentenced or subject to the pretrial disposition order. The
6 county probation department or other appropriate governmental
7 agency shall, upon sentencing, transmit to the prothonotaries <--
8 PROTHONOTARY of the respective counties COUNTY certified copies <--
9 of all judgments for restitution, reparation, fees, costs, fines
10 and penalties, and it shall be the duty of each prothonotary to
11 enter and docket the same of record in his office and to index
12 the same as judgments are indexed, without requiring the payment
13 of costs as a condition precedent to the entry thereof. The
14 total amount for which the person is liable pursuant to this
15 section may be entered as a judgment upon the person or the
16 property of the person sentenced, regardless of whether the
17 amount has been ordered to be paid in installments.
18 Notwithstanding 18 Pa.C.S. § 1106(c)(2) (relating to restitution
19 for injuries to person or property), the period of time during
20 which such judgments shall have full effect may exceed the
21 maximum term of imprisonment to which the offender could have
22 been sentenced for the crimes of which he was convicted.
23 NOTWITHSTANDING ANY OTHER STATUTORY PROVISIONS IN THIS OR ANY <--
24 OTHER TITLE, ANY LIEN OBTAINED UNDER THIS SECTION SHALL MAINTAIN
25 ITS PRIORITY INDEFINITELY AND NO WRIT OF REVIVAL NEED BE FILED.
26 ANY SHERIFF'S COSTS, FILING FEES AND COSTS OF THE COUNTY
27 PROBATION DEPARTMENT OR OTHER APPROPRIATE GOVERNMENTAL AGENCY
28 SHALL BE BORNE BY THE DEFENDANT AND SHALL BE COLLECTED BY THE
29 COUNTY PROBATION DEPARTMENT OR OTHER APPROPRIATE GOVERNMENTAL
30 AGENCY ALONG WITH THE TOTAL AMOUNT OF THE JUDGMENT AND REMITTED
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1 TO THE APPROPRIATE AGENCIES AT THE TIME OF OR PRIOR TO
2 SATISFACTION OF JUDGMENT. However, this section shall not affect
3 contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
4 Section 2. This act shall take effect in 60 days.
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