PRINTER'S NO. 1095
No. 989 Session of 1997
INTRODUCED BY TRELLO, OLASZ, YOUNGBLOOD, DeLUCA, LAUGHLIN,
GODSHALL, RAMOS, TRAVAGLIO, PESCI, READSHAW, SHANER,
GIGLIOTTI AND STEELMAN, MARCH 19, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 19, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 allocation of certain fines; and making editorial changes.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3571 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3571. Commonwealth portion of fines, etc.
9 (a) General rule.--Except as otherwise provided by statute,
10 the Commonwealth shall be entitled to receive all fines,
11 forfeited recognizances and other forfeitures imposed, lost or
12 forfeited, fees and costs which by law have heretofore been paid
13 or credited to, or which by statute are payable or creditable
14 to, the Commonwealth. Fees and charges in an appellate court
15 fixed pursuant to section 1725 (relating to establishment of
16 fees and charges) shall be paid into the State Treasury. Unless
17 otherwise expressly provided by the General Appropriation Act,
18 such fees and charges shall be credited to the appropriation of
1 the appellate court in which they were received.
2 (b) Vehicle offenses.--
3 (1) (i) All fines, forfeited recognizances and other
4 forfeitures imposed, lost or forfeited in connection with
5 matters arising under Chapter 77 of Title 75 (relating to
6 snowmobiles and all-terrain vehicles) shall unless
7 otherwise provided in Chapter 77 of Title 75 be payable
8 to the Commonwealth.
9 (ii) If the matter described in subparagraph (i)
10 arises on the Pennsylvania Turnpike or any of its
11 extensions, and the prosecution of such matter being the
12 result of State Police action, all fines, forfeited
13 recognizances and other forfeitures imposed, lost or
14 forfeited in connection therewith shall be divided as
15 follows:
16 (A) One-half shall be paid to the Pennsylvania
17 Turnpike Commission.
18 (B) One-half shall be paid to the Commonwealth,
19 as described in subparagraph (i).
20 (2) (i) Except as provided in paragraph (4), when
21 prosecution under any other provision of Title 75
22 (relating to vehicles) is the result of State Police
23 action, all fines, forfeited recognizances and other
24 forfeitures imposed, lost or forfeited shall be payable
25 to the Commonwealth, for credit to the Motor License
26 Fund. One-half of the revenue shall be paid to
27 municipalities in the same ratio provided in section 4 of
28 the act of June 1, 1956 [(P.L.1944, No.655), relating to
29 partial allocation of liquid fuels and fuel use tax
30 proceeds.] (1955 P.L.1944, No.655), referred to as the
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1 Liquid Fuels Tax Municipal Allocation Law.
2 (ii) If the matter described in subparagraph (i)
3 arises on the Pennsylvania Turnpike or any of its
4 extensions, all fines, forfeited recognizances and other
5 forfeitures imposed, lost or forfeited in connection
6 therewith shall be divided as follows:
7 (A) One-half shall be paid to the Pennsylvania
8 Turnpike Commission.
9 (B) One-half shall be paid to municipalities in
10 the manner described in subparagraph (i).
11 (3) Except as provided in section 3573 (relating to
12 municipal corporation portion of fines, etc.), when
13 prosecution under any other provision of Title 75 is the
14 result of local police action, one-half of all fines,
15 forfeited recognizances and other forfeitures imposed, lost
16 or forfeited shall be payable to the Commonwealth, for credit
17 to the Motor License Fund.
18 (4) (i) When prosecution under 75 Pa.C.S. § 3731
19 (relating to driving under influence of alcohol or
20 controlled substance) is the result of State Police
21 action, 50% of all fines, forfeited recognizances and
22 other forfeitures imposed, lost or forfeited shall be
23 payable to the Commonwealth, for credit to the Motor
24 License Fund, and 50% shall be payable to the county
25 which shall be further divided as follows:
26 [(i)] (A) Fifty percent of the moneys received
27 shall be allocated to the appropriate county authority
28 which implements the county drug and alcohol program to
29 be used solely for the purposes of aiding programs
30 promoting drug abuse and alcoholism prevention,
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1 education, treatment and research. Programs under this
2 [subparagraph] clause include Project DARE (Drug and
3 Alcohol Resistance Education).
4 [(ii)] (B) Fifty percent of the moneys received
5 shall be used for expenditures incurred for county jails,
6 prisons, workhouses and detention centers.
7 (ii) If the prosecution described in subparagraph
8 (i) is for an offense which occurred on the Pennsylvania
9 Turnpike or any of its extensions, all fines, forfeited
10 recognizances and other forfeitures imposed, lost or
11 forfeited in connection therewith shall be divided as
12 follows:
13 (A) One-half to the Pennsylvania Turnpike
14 Commission.
15 (B) One-half to the county in the manner
16 described in subparagraph (i).
17 (c) Costs in district justice proceedings.--
18 (1) Costs collected by a district justice shall be
19 transmitted monthly to the Commonwealth in amounts as
20 prescribed in subsection (b) and the balance shall be
21 transmitted monthly to the county in which the magisterial
22 district is located. Costs transmitted to the Commonwealth
23 shall be credited to the General Fund. Costs transmitted to
24 the county shall be retained by the county for its use.
25 (2) Amounts payable to the Commonwealth:
26 (i) Summary conviction, except motor vehicle
27 cases.......................................... $10.00
28 (ii) Summary conviction, motor vehicle cases other
29 than subparagraph (iii)........................ $10.00
30 (iii) Summary conviction, motor vehicle cases,
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1 hearing demanded............................... $10.00
2 (iv) Misdemeanor.......................... $13.00
3 (v) Felony................................ $20.00
4 (vi) Assumpsit or trespass involving:
5 (A) $500 or less..................... $12.50
6 (B) More than $500 but not more than
7 $2,000..................................... $20.00
8 (C) More than $2,000 but not more
9 than $4,000................................ $30.00
10 (D) More than $4,000 but not more
11 than $8,000................................ $50.00
12 (vii) Landlord-tenant proceeding involving:
13 (A) $2,000 or less.................... $20.00
14 (B) More than $2,000 but not more than
15 $4,000..................................... $25.00
16 (C) More than $4,000 but not more than
17 $8,000..................................... $35.00
18 (viii) Objection to levy.................. $ 5.00
19 (ix) Order of execution................... $15.00
20 (x) Issuing a search warrant (except as provided
21 in section 1725.1(d) (relating to costs))...... $ 7.00
22 (xi) Order of possession.................. $15.00
23 (3) In all cases where costs are borne by the county
24 pursuant to section 1725.2 (relating to assumption of summary
25 conviction costs by county), no share of such costs shall be
26 payable to the Commonwealth.
27 (4) Beginning on January 1, 1994, and each January 1
28 thereafter, the costs under paragraph (2) shall be increased
29 by the percentage of increase in the Consumer Price Index for
30 Urban Workers for the immediate preceding calendar year which
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1 shall be published in the Pennsylvania Bulletin annually by
2 the Supreme Court on or before the preceding November 30.
3 This paragraph shall expire January 1, 2001.
4 (d) Victims compensation fund.--Where any person pleads
5 guilty or nolo contendere to or is convicted of any crime as
6 defined in section 477 of the act of April 9, 1929 (P.L.177,
7 No.175), known as ["]The Administrative Code of 1929,["] $10 at
8 least of the cost imposed except costs borne by a political
9 subdivision shall be paid into the General Fund.
10 (e) Other offenses.--Fines, forfeited recognizances and
11 other forfeitures imposed, lost or forfeited under the following
12 provisions of law shall be payable to the Commonwealth:
13 18 Pa.C.S. § 7361 (relating to worldly employment or
14 business).
15 Act of December 1, 1965 (P.L.988, No.368), known as the
16 Weights and Measures Act of 1965, when the proceeding is
17 instituted by an agent or employee of the Department of
18 Agriculture.
19 Act of November 26, 1978 (P.L.1375, No.325), known as the
20 Dam Safety and Encroachments Act.
21 Section 2. This act shall take effect in 60 days.
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