SENATE AMENDED PRIOR PRINTER'S NO. 94 PRINTER'S NO. 2021
No. 86 Session of 1997
INTRODUCED BY DALEY, HANNA AND ROBINSON, JANUARY 28, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 10, 1997
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, REPEALING PROVISIONS <-- 3 RELATING TO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION 4 ACCOUNT; FURTHER PROVIDING FOR THE DUTY OF A JUDGMENT 5 CREDITOR TO ENTER SATISFACTION; AND empowering the Governor 6 to authorize the transfer of certain convicted offenders 7 pursuant to outstanding treaties. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Chapter 91 of Title 42 of the Pennsylvania <-- 11 Consolidated Statutes is amended by adding a subchapter to read: 12 SECTION 1. SECTION 3733 OF TITLE 42 OF THE PENNSYLVANIA <-- 13 CONSOLIDATED STATUTES IS AMENDED TO READ: 14 § 3733. DEPOSITS INTO ACCOUNT. 15 (A) GENERAL RULE.--BEGINNING JULY 1, 1987, AND THEREAFTER, 16 THE TOTAL OF ALL FINES, FEES AND COSTS COLLECTED BY ANY DIVISION 17 OF THE UNIFIED JUDICIAL SYSTEM WHICH ARE IN EXCESS OF THE AMOUNT 18 COLLECTED FROM SUCH SOURCES IN THE FISCAL YEAR 1986-1987 SHALL 19 BE DEPOSITED IN THE JUDICIAL COMPUTER SYSTEM AUGMENTATION
1 ACCOUNT. ANY FINES, FEES OR COSTS WHICH ARE ALLOCATED BY LAW OR 2 OTHERWISE DIRECTED TO THE PENNSYLVANIA FISH AND BOAT COMMISSION, 3 TO THE PENNSYLVANIA GAME COMMISSION OR TO COUNTIES AND 4 MUNICIPALITIES, TO THE CRIME VICTIM'S COMPENSATION BOARD, TO THE 5 COMMISSION ON CRIME AND DELINQUENCY FOR VICTIM-WITNESS SERVICES 6 GRANTS UNDER SECTION 477.15(C) OF THE ACT OF APRIL 9, 1929 7 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, TO 8 RAPE CRISIS CENTERS, TO THE EMERGENCY MEDICAL SERVICES OPERATING 9 FUND OR TO DOMESTIC VIOLENCE SHELTERS SHALL NOT BE AFFECTED BY 10 THIS SUBCHAPTER. 11 (A.1) ADDITIONAL FEES.--IN ADDITION TO THE COURT COSTS AND 12 FILING FEES AUTHORIZED TO BE COLLECTED BY STATUTE, AN ADDITIONAL 13 FEE OF $5 SHALL BE CHARGED AND COLLECTED BY THE PROTHONOTARIES 14 OF THE PENNSYLVANIA SUPREME, SUPERIOR AND COMMONWEALTH COURTS 15 FOR EACH INITIAL FILING FOR WHICH A FEE, CHARGE OR COST IS NOW 16 AUTHORIZED. AN ADDITIONAL FEE OF $5 SHALL BE CHARGED AND 17 COLLECTED BY THE PROTHONOTARIES, CLERKS OF ORPHANS' COURTS AND 18 REGISTERS OF WILLS OF ALL COURTS OF COMMON PLEAS, OR BY ANY 19 OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS THEREOF, FOR THE 20 INITIATION OF ANY CIVIL ACTION OR LEGAL PROCEEDING. AN 21 ADDITIONAL FEE OF $5 SHALL BE CHARGED BY THE CLERKS OF COURTS OF 22 ALL COURTS OF COMMON PLEAS, OR BY ANY OFFICIALS DESIGNATED TO 23 PERFORM THE FUNCTIONS THEREOF, FOR THE INITIATION OF ANY 24 CRIMINAL PROCEEDING FOR WHICH A FEE, CHARGE OR COST IS NOW 25 AUTHORIZED AND A CONVICTION IS OBTAINED OR GUILTY PLEA IS 26 ENTERED, EXCEPT IN MISDEMEANOR CASES IN WHICH CASE A FEE OF 27 $1.50 WILL BE CHARGED. AN ADDITIONAL FEE OF $1.50 SHALL BE 28 CHARGED AND COLLECTED BY THE MINOR JUDICIARY, INCLUDING DISTRICT 29 JUSTICES, PHILADELPHIA MUNICIPAL COURT, PHILADELPHIA TRAFFIC 30 COURT AND PITTSBURGH MAGISTRATES COURT, FOR THE INITIATION OF A 19970H0086B2021 - 2 -
1 LEGAL PROCEEDING FOR WHICH A FEE OR COST IS NOW AUTHORIZED, 2 EXCEPT THAT IN CRIMINAL, SUMMARY AND TRAFFIC MATTERS THE FEE 3 SHALL BE CHARGED ONLY WHEN A CONVICTION IS OBTAINED OR GUILTY 4 PLEA IS ENTERED. THE ADDITIONAL FEES SHALL BE DEPOSITED INTO THE 5 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT. 6 [(B) LIMITATION ON TOTAL AMOUNT IN ACCOUNT.--UNTIL JULY 1, 7 1994, THE TOTAL AMOUNT OF FUNDS ANNUALLY DEPOSITED INTO THE 8 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT SHALL NOT EXCEED 9 $20,000,000 PER YEAR. FOR THE PERIOD JULY 1, 1994, AND 10 THEREAFTER, THE TOTAL AMOUNT OF FUNDS ANNUALLY DEPOSITED INTO 11 THE JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT SHALL NOT 12 EXCEED $10,000,000 PER YEAR. ALL MONEYS IN EXCESS OF THESE 13 AMOUNTS SHALL BE DEPOSITED INTO THE APPROPRIATE FUNDS DESIGNATED 14 BY LAW. 15 (C) EXPIRATION OF SECTION.--THE PROVISIONS OF THIS SECTION 16 SHALL EXPIRE WHEN THE SUM OF $100,000,000 HAS BEEN DEPOSITED 17 INTO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT. THE 18 $100,000,000 SHALL BE THE SUM OF ALL DEPOSITS INTO THE JUDICIAL 19 COMPUTER SYSTEM AUGMENTATION ACCOUNT BEGINNING ON AND AFTER JUNE 20 29, 1990.] 21 SECTION 2. SECTION 8104(B) OF TITLE 42 IS AMENDED TO READ: 22 § 8104. DUTY OF JUDGMENT CREDITOR TO ENTER SATISFACTION. 23 * * * 24 (B) LIQUIDATED DAMAGES.--A JUDGMENT CREDITOR WHO SHALL 25 [FAIL] WILLFULLY OR UNREASONABLY FAIL WITHOUT GOOD CAUSE OR 26 REFUSE FOR MORE THAN [30] 90 DAYS AFTER WRITTEN NOTICE IN THE 27 MANNER PRESCRIBED BY GENERAL RULES TO COMPLY WITH A REQUEST 28 PURSUANT TO SUBSECTION (A) SHALL PAY TO THE JUDGMENT DEBTOR AS 29 LIQUIDATED DAMAGES 1% OF THE ORIGINAL AMOUNT OF THE JUDGMENT FOR 30 EACH [DAY] MONTH OF DELINQUENCY BEYOND SUCH [30] 90 DAYS, BUT 19970H0086B2021 - 3 -
1 NOT LESS THAN $250 NOR MORE THAN [50% OF THE ORIGINAL AMOUNT OF 2 THE JUDGMENT] $2,500. SUCH LIQUIDATED DAMAGES SHALL BE 3 RECOVERABLE PURSUANT TO GENERAL RULES, BY SUPPLEMENTARY 4 PROCEEDINGS IN THE MATTER IN WHICH THE JUDGMENT WAS ENTERED. 5 SECTION 3. CHAPTER 91 OF TITLE 42 IS AMENDED BY ADDING A 6 SUBCHAPTER TO READ: 7 SUBCHAPTER D 8 EXCHANGE OF OFFENDERS UNDER TREATY 9 Sec. 10 9171. Exchange of offenders under treaty. 11 § 9171. Exchange of offenders under treaty. 12 Whenever a treaty is in force providing for the transfer of 13 convicted offenders between the United States and a foreign 14 country, the Governor or his designee, upon application of the 15 Secretary of Corrections, is authorized to give the approval of 16 the Commonwealth to transfer as provided in the treaty. 17 Section 2. This act shall take effect immediately. <-- 18 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 19 (1) THE AMENDMENT OF 42 PA.C.S. § 3733 SHALL TAKE EFFECT 20 JULY 1, 1997, OR IMMEDIATELY, WHICHEVER IS LATER. 21 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 22 IMMEDIATELY. L3L42DGS/19970H0086B2021 - 4 -