PRINTER'S NO. 1121
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1087
Session of
2021
INTRODUCED BY BULLOCK, ZABEL, SANCHEZ, FRANKEL, LEE, KINSEY,
GALLOWAY, SCHWEYER, ISAACSON, WARREN, SCHLOSSBERG, KENYATTA,
BURGOS, HILL-EVANS, ROZZI, WEBSTER, DEASY AND McCLINTON,
APRIL 5, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2021
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
sentencing, further providing for payment of court costs,
restitution and fines, for fine and for failure to pay fine;
in licensing of drivers, further providing for suspension of
operating privilege for failure to respond to citation; and,
in penalties and disposition of fines, further providing for
inability to pay fine and costs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9730(b), 9758(b) and (c) and 9772 of
Title 42 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 9730. Payment of court costs, restitution and fines.
* * *
(b) Procedures regarding default.--
(1) If a defendant defaults in the payment of court
costs, restitution or fines after imposition of sentence, the
issuing authority or a senior judge or senior magisterial
district judge appointed by the president judge for the
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purposes of this section [may] shall 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 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 costs, restitution or
fine immediately or in a single remittance without causing
manifest hardship to the defendant as defined in paragraph
(5), the issuing authority, senior judge or senior
magisterial district judge [may] shall provide for payment in
installments, assign community service or some combination
thereof. In determining the appropriate installments, the
issuing authority, senior judge or senior magisterial
district judge 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] assign an installment payment under
section 9758(b) (relating to fine). 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
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the [defendant is without the means to meet the payment
schedule] payments are causing the defendant manifest
hardship. The issuing authority, senior judge or senior
magisterial district judge [may extend or accelerate the
schedule, leave it unaltered] shall extend the installment
payment time limitation under section 9758(b) 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).
(5) A defendant shall be considered to experience
manifest hardship if any of the following apply:
(i) The defendant is involuntarily unemployed.
(ii) The defendant's household income is less than
200% of the Federal poverty level.
(iii) The defendant is receiving any kind of public
assistance.
(iv) The defendant presents evidence to the judge
during the hearing that would cause a reasonable person
to believe paying the full amount of the penalty would
cause manifest hardship to the defendant or their
dependents.
§ 9758. Fine.
* * *
(b) Installment payment.--
(1) Except for fines imposed under Title 34 (relating to
game), the court may permit installment payments as it
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considers appropriate to the circumstances of the defendant,
in which case its order shall specify when each installment
payment is due. Installment payments for fines imposed for
summary offenses under Title 34 shall not exceed one year for
summary offenses and, except for 34 Pa.C.S. § 2522 (relating
to shooting at or causing injury to human beings), shall not
exceed two years for misdemeanor offenses.
(2) The following shall apply to installment payments
permitted under this subsection:
(i) A defendant whose household income is less than
or equal to 100% of the Federal poverty level may not be
required to pay more than $100 per month.
(ii) A defendant whose household income is more than
100% but less than 150% of the Federal poverty level may
not be required to pay more than $150 per month.
(iii) A defendant whose household income is equal to
or more than 150% but less than 200% of the Federal
poverty level may not be required to pay more than $200
per month.
(iv) A defendant whose household income is equal to
or more than 200% of the Federal poverty level, the court
shall consider the evidence presented and set a payment
plan that would not impose what a reasonable person would
consider manifest hardship to the defendant or the
defendant's dependents.
(c) Alternative sentence.--The sentence of the court may
include an alternative sentence in the event of nonpayment. A
person sentenced to community service under this subsection
shall be assigned one hour of service for each $20 of the unpaid
balance of the fine and costs.
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§ 9772. Failure to pay fine.
Unless there is proof that failure to pay a fine or that
portion of the fine that is due [is excusable] will cause
manifest hardship as defined in section 9730(b) (relating to
payment of court costs, restitution and fines), the court may
after a hearing find the defendant guilty of contempt and
sentence him to not more than six months imprisonment, if a term
of confinement of that amount could have been imposed for the
offense charged. If an alternative sentence has been imposed
under section 9758(c) (relating to alternative sentence), the
alternative sentence may not take effect until there has been a
preliminary finding of non-indigency, and a willful failure to
pay the fine.
Section 2. Section 1533 of Title 75 is amended by adding a
subsection to read:
§ 1533. Suspension of operating privilege for failure to
respond to citation.
* * *
(g) Exceptions.--A defendant for whom a fine has been found
to cause manifest hardship as defined in 42 Pa.C.S. § 9730(b)
(relating to payment of court costs, restitution and fines)
shall be ordered to pay the fine in installment payments as
provided under section 6504(a) (relating to inability to pay
fine and costs) or be given an alternative sentence under
6504(c).
Section 3. Section 6504 of Title 75 is amended to read:
§ 6504. Inability to pay fine and costs.
(a) Order for installment payments.--Upon plea and proof
that a person is unable to pay any fine and costs imposed under
this title, a court may, in accordance with 42 Pa.C.S. § 9758
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(relating to fine), order payment of the fine and costs in
installments and shall fix the amounts, times and manner of
payment.
(b) Imprisonment for nonpayment.--Any person who is found
able to pay but does not comply with an order entered under this
section may be imprisoned for a number of days equal to one day
for each $40 of the unpaid balance of the fine and costs.
(c) Alternative sentence.--A person who is found to have a
manifest hardship as defined in 42 Pa.C.S. § 9730 (relating to
payment of court costs, restitution and fines) may be sentenced
to community service in the amount of one hour for every $20 of
the unpaid balance of the fine.
Section 4. This act shall take effect in 60 days.
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