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PRINTER'S NO. 894
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
758
Session of
2015
INTRODUCED BY TOEPEL, LONGIETTI, STEPHENS, MASSER, BARRAR,
MILLARD, ROZZI, COHEN, A. HARRIS, M. K. KELLER, MURT, QUINN,
TOPPER, KILLION, BAKER, DAVIS, B. MILLER, SAYLOR, SCHLEGEL
CULVER, TOOHIL, EVERETT AND KORTZ, MARCH 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 9, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judgments and other
liens, further providing for personal earnings exempt from
process; and, in sentencing, further providing for payment of
court costs, restitution and fines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8127(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8127. Personal earnings exempt from process.
* * *
(b) Priority.--An order of attachment for support shall have
first priority and an order for restitution shall have second
priority over any other attachment, execution, garnishment or
wage assignment.
* * *
Section 2. Section 9730(a) and (b)(2) of Title 42 are
amended and the section is amended by adding subsections to
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read:
§ 9730. Payment of court costs, restitution and fines.
(a) [Use of credit cards] Method of payment.--The treasurer
of each county may allow the use of credit cards and bank cards
in the payment of court costs and fines[.], and may provide for
automatic periodic deductions from a bank account, subject to
the agreement of the owner of the account.
(a.1) Wage attachment.--A court may, at sentencing, assign
an amount not greater than 25% of the defendant's gross salary,
wages or other earnings to be used for the payment of
restitution, fines or court costs.
(b) Procedures regarding default.--
* * *
(2) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
financially able to pay the fine or costs, the issuing
authority, senior judge or senior magisterial district judge
may enter an order for wage attachment, turn the delinquent
account over to a private collection agency or impose
imprisonment for nonpayment, as provided by law.
* * *
(c) Prohibition against adverse action.--No employer may
discharge, refuse to hire, or take any other adverse action
against any person based in whole or in part on an order for the
attachment of wages or the possibility thereof. An employer who
violates this section may be held in contempt of court and shall
be liable to the person for actual damages resulting from the
violative action.
Section 3. This act shall take effect in 60 days.
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