PRINTER'S NO. 1696
No. 1354 Session of 2007
INTRODUCED BY HERSHEY, BOYD, CREIGHTON, GIBBONS, GILLESPIE, HENNESSEY, KORTZ, R. MILLER, MILNE, MURT, PAYNE, PHILLIPS, PYLE, ROHRER, SOLOBAY, SONNEY AND SWANGER, MAY 24, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MAY 24, 2007
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 personal earnings exempt from process and for collection of 4 restitution, reparation, fees, costs, fines and penalties. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 8127(a) of Title 42 of the Pennsylvania 8 Consolidated Statutes is amended by adding a paragraph to read: 9 § 8127. Personal earnings exempt from process. 10 (a) General rule and exceptions.--The wages, salaries and 11 commissions of individuals shall while in the hands of the 12 employer be exempt from any attachment, execution or other 13 process except upon an action or proceeding: 14 * * * 15 (6) To collect under the procedures set forth in section 16 9728 (relating to collection of restitution, reparation, 17 fees, costs, fines and penalties), restitution, reparation, 18 fees, costs, fines and penalties imposed on persons convicted
1 of a summary offense. 2 * * * 3 Section 2. Section 9728(b)(4) of Title 42 is amended and the 4 section is amended by adding a subsection to read: 5 § 9728. Collection of restitution, reparation, fees, costs, 6 fines and penalties. 7 * * * 8 (b) Procedure.-- 9 * * * 10 (4) The total amount for which the person is liable 11 pursuant to this section: 12 (i) may be entered as a judgment upon the person or 13 the property of the person sentenced or ordered, 14 regardless of whether the amount has been ordered to be 15 paid in installments[.]; or 16 (ii) in the case of a conviction of a summary 17 offense, may be collected through a garnishment of wages 18 pursuant to subsection (i). 19 * * * 20 (i) Garnishment of wages.-- 21 (1) When a defendant defaults in payment of a fine or 22 costs imposed after being convicted of a summary offense, the 23 issuing authority may garnish the defendant's wages to effect 24 payment of the fine plus a reasonable fee, to be determined 25 under rules promulgated by the Supreme Court, for 26 administrative costs. Any provision of law to the contrary 27 notwithstanding, the Department of Labor and Industry shall 28 respond to requests from an issuing authority for information 29 relating to a convicted defendant's employer. For purposes of 30 this subsection, default shall mean the failure to remit the 20070H1354B1696 - 2 -
1 amount of the fine or costs to the issuing authority within 2 the time specified or, if none, within a reasonable time. 3 (2) The issuing authority shall provide the convicted 4 defendant with notice of, and an opportunity to be heard 5 prior to the initiation of, the garnishment in accordance 6 with rules to be promulgated by the governing authority under 7 section 1722 (relating to adoption of administrative and 8 procedural rules). 9 (3) The issuing authority shall initiate the garnishment 10 by sending to the convicted defendant's last known address 11 notice of its intent and to the employer a notice of 12 execution upon wages. Upon receipt of the notice, the 13 employer shall certify to the issuing authority the amount of 14 wages, salary, commissions or other compensation earned by 15 the defendant. The employer shall pay to the issuing 16 authority such percentage of that amount as the issuing 17 authority demands, not to exceed 10% of the wages, salary, 18 commissions or other compensation paid to a defendant during 19 a given pay period, on a timely basis, but not less than once 20 a month, or over an extended period if agreed to by the 21 issuing authority. Failure of an employer to pay the amount 22 due to the issuing authority within the prescribed time shall 23 place the employer in contempt of the court ordering the 24 garnishment. 25 Section 3. This act shall take effect in 60 days. D18L42JS/20070H1354B1696 - 3 -