SENATE AMENDED
PRIOR PRINTER'S NOS. 1180, 1909, 2143, PRINTER'S NO. 4287
2687
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, GANNON AND BELFANTI, APRIL 5, 1989
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 13, 1990
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 (a) General rule.--All restitution, reparation, fees, costs,
11 fines and penalties shall be collectible in any manner provided
12 by law. However, such restitution, reparation, fees, costs,
1 fines and penalties are part of a criminal action or proceeding
2 and shall not be deemed debts. A sentence or pretrial
3 disposition order for restitution, reparation, fees, costs,
4 fines or penalties shall, together with interest and any
5 additional costs that may accrue, be a judgment IN FAVOR OF THE <--
6 PROBATION DEPARTMENT upon the person or the property of the
7 person sentenced or subject to the pretrial disposition order.
8 (b) Procedure.--The county probation department or other
9 appropriate governmental agency shall, upon sentencing OR <--
10 PRETRIAL DISPOSITION, transmit to the prothonotary of the
11 respective county certified copies of all judgments for
12 restitution, reparation, fees, costs, fines and penalties, and
13 it shall be the duty of each prothonotary to enter and docket
14 the same of record in his office and to index the same as
15 judgments are indexed, without requiring the payment of costs as
16 a condition precedent to the entry thereof. The total amount for
17 which the person is liable pursuant to this section may be
18 entered as a judgment upon the person or the property of the
19 person sentenced, regardless of whether the amount has been
20 ordered to be paid in installments.
21 (c) Period of time.--Notwithstanding 18 Pa.C.S. § 1106(c)(2)
22 (relating to restitution for injuries to person or property),
23 the period of time during which such judgments shall have full
24 effect may exceed the maximum term of imprisonment to which the
25 offender could have been sentenced for the crimes of which he
26 was convicted.
27 (d) Priority.--Notwithstanding any other statutory
28 provisions in this or any other title, any lien obtained under
29 this section shall maintain its priority indefinitely and no
30 writ of revival need be filed.
19890H1038B4287 - 2 -
1 (e) Preservation of assets subject to restitution.--Upon
2 application of the Commonwealth, the court may enter a
3 restraining order or injunction, require the execution of a
4 satisfactory performance bond or take any other action to
5 preserve the availability of property which may be necessary to
6 satisfy an anticipated restitution order under this section:
7 (1) upon the filing of a criminal complaint,
8 information, or indictment charging a criminal violation for
9 which restitution may be ordered and alleging that the
10 property with respect to which the order is sought appears to
11 be necessary to satisfy such restitution order and judgment;
12 and
13 (2) if, after notice to persons appearing to have an
14 interest in the property and an opportunity for a hearing,
15 the court determines that:
16 (i) there is a substantial probability that:
17 (A) the Commonwealth will prevail on the
18 underlying criminal charges;
19 (B) restitution will be ordered exceeding
20 $10,000 in value;
21 (C) the property appears to be necessary to
22 satisfy such restitution order; and
23 (D) failure to enter the order will result in
24 the property being destroyed, removed from the
25 jurisdiction of the court or otherwise made
26 unavailable for payment of the anticipated
27 restitution order; and
28 (ii) the need to preserve the availability of the
29 property through the entry of the requested order
30 outweighs the hardship on any party against whom the
19890H1038B4287 - 3 -
1 order is to be entered.
2 (f) Temporary restraining order.--A temporary restraining
3 order under subsection (e) may be entered upon application of
4 the Commonwealth without notice or opportunity for a hearing,
5 whether or not a complaint, information or indictment has been
6 filed with respect to the property, if the Commonwealth
7 demonstrates that there is probable cause to believe that the
8 property with respect to which the order is sought appears to be
9 necessary to satisfy an anticipated restitution order under this
10 section and that provision of notice will jeopardize the
11 availability of the property to satisfy such restitution order
12 and judgment. Such a temporary order shall expire not more than
13 ten days after the date on which it is entered, unless extended
14 for good cause shown or unless the party against whom it is
15 entered consents to an extension for a longer period. A hearing
16 requested concerning an order entered under this subsection
17 shall be held at the earliest possible time and prior to the
18 expiration of the temporary order.
19 (g) Costs, etc.--Any sheriff's costs, filing fees and costs
20 of the county probation department or other appropriate
21 governmental agency shall be borne by the defendant and shall be
22 collected by the county probation department or other
23 appropriate governmental agency along with the total amount of
24 the judgment and remitted to the appropriate agencies at the
25 time of or prior to satisfaction of judgment. However, this <--
26 (H) EFFECT ON CONTEMPT PROCEEDINGS.--THIS section shall not <--
27 affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
28 Section 2. This act shall take effect in 60 days.
C23L42VDL/19890H1038B4287 - 4 -