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PRINTER'S NO. 202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
236
Session of
2017
INTRODUCED BY CORBIN, TOEPEL, MARSICO, STEPHENS, SCHLOSSBERG,
MILLARD, NEILSON, WHEELAND, A. HARRIS, ZIMMERMAN, WARD,
LAWRENCE, B. MILLER, FARRY AND SOLOMON, JANUARY 31, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2017
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. Sections 8127(b) and 9730 of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 8127. Personal earnings exempt from process.
* * *
(b) Priority.--An order of attachment for support shall have
first priority and an order described in subsection (a)(5) shall
have second priority over any other attachment, execution,
garnishment or wage assignment.
* * *
§ 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
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in the payment of court costs, restitution 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 court
costs, restitution or fines.
(b) Procedures regarding default.--
(1) If a defendant defaults in the payment of [a fine,]
court costs [or], restitution or fine after imposition of
sentence, the issuing authority or a senior judge or senior
magisterial district judge appointed by the president judge
for the purposes of this section may conduct a hearing to
determine whether the defendant is financially able to pay.
(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, restitution or
fine, 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.
(3) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
without the financial means to pay the [fine or] costs,
restitution or fine immediately or in a single remittance,
the issuing authority, senior judge or senior magisterial
district judge may provide for payment in installments. In
determining the appropriate installments, the issuing
authority, senior judge or senior magisterial district judge
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shall consider the defendant's financial resources[, the
defendant's ability to make restitution and reparations and
the nature of the burden the payment will impose on the
defendant] and ability to pay. If the defendant is in default
of a payment or advises the issuing authority, senior judge
or senior magisterial district judge that default is
imminent, the issuing authority, senior judge or senior
magisterial district judge may schedule a rehearing on the
payment schedule. At the rehearing the defendant has the
burden of proving changes of financial condition such that
the defendant is without the means to meet the payment
schedule. The issuing authority, senior judge or senior
magisterial district judge may extend or accelerate the
schedule, leave it unaltered or sentence the defendant to a
period of community service as the issuing authority, senior
judge or senior magisterial district judge finds to be just
and practicable under the circumstances.
(4) A decision of the issuing authority, senior judge or
senior magisterial district judge under paragraph (2) or (3)
is subject to section 5105 (relating to right to appellate
review).
(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 2. This act shall take effect in 180 days.
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