PRINTER'S NO. 36 PRINTER'S NO. 935
No. 34 Session of 1989
INTRODUCED BY LLOYD, KOSINSKI, WOGAN, HALUSKA, JOHNSON, SCHULER,
STABACK, G. SNYDER, DOMBROWSKI, LASHINGER, THOMAS, VROON,
CIVERA, TIGUE, S. H. SMITH, SCHEETZ, RAYMOND, CAWLEY, STUBAN,
COLAIZZO, KAISER, RITTER, PRESTON AND CAPPABIANCA,
JANUARY 18, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 14, 1989
AN ACT
1 Amending the act of December 2, 1968 (P.L.1144, No.358),
2 entitled "An act to provide for the office of public
3 defender, authorizing assistants and other personnel, and to
4 provide adequate representation for persons who have been
5 charged with an indictable offense or with being a juvenile
6 delinquent, who for lack of sufficient funds are unable to
7 obtain legal counsel," providing for recovery of public
8 defender costs.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of December 2, 1968 (P.L.1144, No.358),
12 known as the Public Defender Act, is amended by adding a section
13 to read:
14 Section 10.2. Recovery of Costs.--(a) In any case resulting
15 in a conviction, a plea of nolo contendere, or an acquittal by
16 reason of insanity, the public defender shall MAY, within 30 <--
17 days of completion of his duties pursuant to section 6, submit
18 an affidavit to the clerk of courts containing an accurate
19 statement of all reasonable expenses incurred by the public
1 defender for the investigation, preparation and presentation of
2 the case, including, but not limited to:
3 (1) compensation for the public defender and other employes
4 of his office in accordance with section 5;
5 (2) travel expenses;
6 (3) telephone expenses;
7 (4) expenses for photocopying or other reproduction of
8 documents;
9 (5) expert witness fees;
10 (6) service of process; and
11 (7) clerical supplies.
12 Every affidavit submitted shall be supported by appropriate
13 receipts and vouchers.
14 (B) IN ANY CASE WHERE AN ATTORNEY HAS BEEN APPOINTED BY THE <--
15 COURT OF COMMON PLEAS PURSUANT TO SECTION 7, WHICH RESULTS IN A
16 CONVICTION, A PLEA OF NOLO CONTENDERE OR AN ACQUITTAL BY REASON
17 OF INSANITY, THE ATTORNEY SO APPOINTED SHALL, WITHIN 30 DAYS OF
18 COMPLETION OF HIS DUTIES, SUBMIT AN AFFIDAVIT TO THE CLERK OF
19 COURTS CONTAINING AN ACCURATE STATEMENT OF THE TOTAL OF THE
20 COMPENSATION AND REIMBURSEMENT FIXED BY THE JUDGE.
21 (b) (C) The clerk of courts, upon receipt of an affidavit <--
22 pursuant to subsection (a) OR (B), shall collect the expenses as <--
23 taxable court costs in accordance with 42 Pa.C.S. § 1726
24 (relating to establishment of taxable costs). The collection of
25 expenses for attorney fees under this section shall not be
26 limited by 42 Pa.C.S. § 1726(1). <--
27 (c) Costs recovered under this section shall be forwarded to
28 the county for which the public defender was serving at the time
29 of the case and shall be used for the expenses of his office.
30 (d) Any person against whom public defender costs are taxed
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1 because of this section may except to those costs in the same
2 way he may except to other taxable costs under 42 Pa.C.S. §
3 1726. LIMITED BY 42 PA.C.S. § 1726(A). THIS PROVISION SHALL NOT <--
4 AFFECT THE PAYMENT OF COMPENSATION AND EXPENSES BY THE COUNTY TO
5 AN ATTORNEY APPOINTED PURSUANT TO SECTION 7.
6 (D) THE PUBLIC DEFENDER, WITH THE APPROVAL OF THE COUNTY
7 COMMISSIONERS, SHALL DETERMINE THOSE CASES OR THOSE TYPES OR
8 CLASSES OF CASES, IF ANY, IN WHICH TO FILE AN AFFIDAVIT PURSUANT
9 TO SUBSECTION (A). COSTS RECOVERED UNDER THIS SECTION SHALL BE
10 FORWARDED TO THE COUNTY FOR WHICH THE PUBLIC DEFENDER OR
11 APPOINTED ATTORNEY WAS SERVING AT THE TIME OF THE CASE.
12 (E) ANY PERSON AGAINST WHOM COSTS ARE TAXED BECAUSE OF THIS
13 SECTION MAY EXCEPT TO THOSE COSTS IN THE SAME WAY HE MAY EXCEPT
14 TO OTHER TAXABLE COSTS UNDER 42 PA.C.S. § 1726. THE COURT OF
15 COMMON PLEAS MAY ESTABLISH BY LOCAL RULE PROCEDURES FOR THE
16 IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
17 Section 2. This act shall take effect in 60 days.
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