Bill Text: PA SB1169 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for costs, for Commonwealth portion of fines, etc., for place of detention, for sentencing generally and for collection of restitution, reparation, fees, costs, fines and penalties.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2010-10-27 - Act No. 96 [SB1169 Detail]

Download: Pennsylvania-2009-SB1169-Amended.html

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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1578, 1620, 1775, 2130 PRINTER'S NO. 2181
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1169 Session of2010
INTRODUCED BY WAUGH, BOSCOLA, BROWNE, ERICKSON, ORIE, RAFFERTY, TARTAGLIONE, FERLO AND BRUBAKER, DECEMBER 18, 2009
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 14, 2010
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
costs, for Commonwealth portion of fines, etc., for place of <--
detention, for sentencing generally and for collection of
restitution, reparation, fees, costs, fines and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9721 of Title 42 of the Pennsylvania <--
Consolidated Statutes is amended by adding a subsection to read:
Section 1. Sections 1725.1(f)(1) and 3571(c)(4) of Title 42 <--
of the Pennsylvania Consolidated Statutes are reenacted and
amended to read:
§ 1725.1. Costs.
* * *
(f) Annual increase in costs.--
(1) Except as provided in paragraph (2), beginning on
January 1, 1994, and each January 1 thereafter, the costs
under subsections (a), (b) and (c) shall be increased by the
percentage of increase in the Consumer Price Index for Urban
Workers for the immediate preceding calendar year which shall
be published in the Pennsylvania Bulletin annually by the
Supreme Court on or before the preceding November 30. This
subsection shall expire January 1, [2010] 2025.
* * *
§ 3571. Commonwealth portion of fines, etc.
* * *
(c) Costs in magisterial district judge proceedings.--
* * *
(4) Except as provided in paragraph (5), beginning on
January 1, 1994, and each January 1 thereafter, the costs
under paragraph (2) shall be increased by the percentage of
increase in the Consumer Price Index for Urban Workers for
the immediate preceding calendar year which shall be
published in the Pennsylvania Bulletin annually by the
Supreme Court on or before the preceding November 30. This
paragraph shall expire January 1, [2010] 2025.
* * *
Section 2. Section 9721 of Title 42 is amended by adding a <--
subsection to read:
Section 2. Sections 6327 and 9721 of Title 42 are amended by <--
adding subsections to read:
§ 6327. Place of detention.
* * *
(c.1) Detention of child.--
(1) A child who is subject to criminal proceedings
having been charged with an act set forth under paragraph
(2)(i), (ii) or (iii) of the definition of "delinquent act"
in section 6302 (relating to definitions), who has not been
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released on bail and who may seek or is seeking transfer to
juvenile proceedings under section 6322 (relating to transfer
from criminal proceedings) may be detained in a secure
detention facility approved by the Department of Public
Welfare for the detention of alleged and adjudicated
delinquent children if the attorney for the Commonwealth has
consented to and the court has ordered the detention.
(2) Secure detention ordered under this subsection shall
not affect a child's eligibility for or ability to post bail.
(3) For a child held in secure detention under this
subsection, the court shall order the immediate transfer of
the child to the county jail if any of the following apply:
(i) The court determines that the child is no longer
seeking transfer under section 6322.
(ii) The court denies the motion filed under section
6322.
(iii) The child attains 18 years of age. This
subparagraph does not apply if:
(A) the court has granted the motion filed under
section 6322; or
(B) the child is otherwise under order of
commitment to the secure detention facility pursuant
to the jurisdiction of the court in a delinquency
matter.
* * *
§ 9721. Sentencing generally.
* * *
(c.1) Mandatory payment of costs.--Notwithstanding the
provisions of section 9728 (relating to collection of
restitution, reparation, fees, costs, fines and penalties) or
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any provision of law to the contrary, in addition to the
alternatives set forth in subsection (a), the court shall order
the defendant to pay costs. In the event the court fails to
issue an order for costs pursuant to section 9728, costs shall
be imposed upon the defendant under this section. No court order
shall be necessary for the defendant to incur liability for
costs under this section. The provisions of this subsection do <--
not alter the court's discretion under Pa.R.Crim.P. No. 706(C)
(relating to fines or costs).
* * *
Section 2 3. Section 9728(b)(3) and (5) of Title 42 are <--
amended and the section is amended by adding a subsection to
read:
§ 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
* * *
(b) Procedure.--
* * *
(3) The county clerk of courts shall, upon sentencing,
pretrial disposition or other order, transmit to the
Department of Probation of the respective county or other
agent designated by the county commissioners of the county
with the approval of the president judge of the county and to
the county correctional facility to which the offender has
been sentenced or to the Department of Corrections, whichever
is appropriate, copies of all orders for restitution and
amendments or alterations thereto, reparation, fees, costs,
fines and penalties. This paragraph also applies in the case
of costs imposed under section 9721(c.1) (relating to
sentencing generally).
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* * *
(5) The county correctional facility to which the
offender has been sentenced or the Department of Corrections
shall be authorized to make monetary deductions from inmate
personal accounts for the purpose of collecting restitution
or any other court-ordered obligation or costs imposed under
section 9721(c.1). Any amount deducted shall be transmitted
by the Department of Corrections or the county correctional
facility to the probation department of the county or other
agent designated by the county commissioners of the county
with the approval of the president judge of the county in
which the offender was convicted. The Department of
Corrections shall develop guidelines relating to its
responsibilities under this paragraph.
* * *
(b.2) Mandatory payment of costs.--Notwithstanding any
provision of law to the contrary, in the event the court fails
to issue an order under subsection (a) imposing costs upon the
defendant, the defendant shall nevertheless be liable for costs,
as provided in section 9721(c.1), unless the court determines <--
otherwise pursuant to Pa.R.Crim.P. No. 706(C) (relating to fines
or costs). The absence of a court order shall not affect the
applicability of the provisions of this section.
* * *
Section 3 4. This act shall apply to costs imposed on or <--
after the effective date of this act section. <--
Section 4 5. This act shall take effect in 60 days. <--
Section 4. This act shall apply as follows: <--
(1) The reenactment, amendment and addition of 42
Pa.C.S. §§ 1725.1(f)(1), 3571(c)(4), 9721(c.1) and 9728(b)(3)
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and (5) and (b.2) shall apply to costs imposed on or after
the effective date of this paragraph.
(2) The addition of 42 Pa.C.S. § 6327(c.1) shall apply
to a criminal proceeding commenced on or after the effective
date of this paragraph.
Section 5. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The addition of 42 Pa.C.S. § 6327(c.1).
(ii) Section 4(2) of this act.
(iii) This section.
(2) The remainder of this act shall take effect in 60
days.
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