PRINTER'S NO. 717

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 653 Session of 1993


        INTRODUCED BY PESCI, TIGUE, NAILOR, CAWLEY, BELFANTI, HARLEY,
           SAURMAN, STABACK AND ROONEY, MARCH 22, 1993

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 1993

                                     AN ACT

     1  Amending the act of July 22, 1913 (P.L.912, No.437), entitled
     2     "An act providing for the payment of the costs incurred in
     3     the trial of convicts and prisoners escaping, or attempting
     4     to escape, from the several penitentiaries and reformatories
     5     of the Commonwealth of Pennsylvania, by the respective
     6     counties from whose courts the said escaping convicts or
     7     prisoners have been committed; and providing for the
     8     maintenance of such convicts under sentence for escape, et
     9     cetera," further providing for the payment of costs.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 2 of the act of July 22, 1913 (P.L.912,
    13  No.437), entitled "An act providing for the payment of the costs
    14  incurred in the trial of convicts and prisoners escaping, or
    15  attempting to escape, from the several penitentiaries and
    16  reformatories of the Commonwealth of Pennsylvania, by the
    17  respective counties from whose courts the said escaping convicts
    18  or prisoners have been committed; and providing for the
    19  maintenance of such convicts under sentence for escape, et
    20  cetera," amended October 26, 1972 (P.L.1035, No.257), is amended
    21  to read:

     1     Section 2.  (a)  The cost of transporting escaped persons,
     2  prisoners, and convicts from the place of capture to the
     3  correctional institution, penitentiary, or reformatory after
     4  being sentenced for such escape, or for the commission of any
     5  crime or offense following such escape and before apprehension,
     6  the cost of maintenance while confined in the county jail
     7  awaiting trial, as well as the costs of the trial for escape or
     8  breaking away of persons, convicts, and prisoners from the
     9  several penitentiaries, correctional institutions, and
    10  reformatories in the Commonwealth of Pennsylvania, or the
    11  violation by said persons, convicts, and prisoners of any or all
    12  of the penal statutes relating to escape, or of the trial for
    13  crime and offenses committed after such escape and before
    14  apprehension, or of the trial for crimes and offenses committed
    15  on the grounds or within the buildings of the correctional
    16  institution, penitentiary, or reformatory, as well as the costs
    17  incurred in any proceedings on writs of habeas corpus, coram
    18  nobis or other petitions arising out of any escape or crime or
    19  the trials therefor, or in any appeals of any such proceedings
    20  or trials, shall in each instance be borne and paid by the
    21  respective counties of the Commonwealth from whose courts the
    22  said persons, convicts, and prisoners shall have been originally
    23  committed to the said penitentiaries, correctional institutions,
    24  or reformatories. The term "costs" also includes, but is not
    25  limited to, charges for court stenographer, district attorney,
    26  witness fees, justice of the peace costs, clerk of court, public
    27  defender and court appointed attorney.
    28     (b)  The county liable for such costs, as above provided,
    29  shall, upon bills rendered by the county paying such costs in
    30  the first instance, pay to such county the amount of such costs,
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     1  forthwith.
     2     (c)  The amount of any costs incurred under this section by
     3  any county, where such amount has not been paid by the county
     4  liable for such costs under subsection (b) within six (6) months
     5  of the date of billing for same, shall become a first claim upon
     6  any money for court costs available for allocation by the Court
     7  Administrator of Pennsylvania to the liable county. This claim
     8  shall attach upon written notice given to the court
     9  administrator by the claiming county and shall remain in effect
    10  until the entire amount due is satisfied, either by payment by
    11  the court administrator or by the liable county.
    12     Section 2.  This act shall take effect immediately.












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