PRINTER'S NO. 1375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1266
Session of
2023
INTRODUCED BY BENNINGHOFF, ARMANINI, HAMM, JAMES, JOZWIAK,
KAUFFMAN, MOUL, PICKETT, RADER, ROSSI, ROWE, SMITH AND STEHR,
MAY 30, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MAY 30, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in governance of the
system, further providing for costs; in budget and finance,
further providing for Commonwealth portion of fines, etc; in
facilities and supplies, further providing for deposits into
account and for surcharge; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1725.1(b) and 3571(c)(2) of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 1725.1. Costs.
* * *
(b) Criminal cases.--Subject to subsection (f), the costs to
be charged by the minor judiciary or by the court of common
pleas where appropriate in every criminal case, except as
otherwise provided in this section, shall be as follows:
(1) Summary conviction, except motor
vehicle cases.................................. $28.50
[(2) Summary conviction, motor vehicles
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cases, other than paragraph (3)............ $22.50]
(3) Summary conviction, motor vehicle
cases, hearing demanded........................ $27.50
(4) Misdemeanor........................... $32.50
(5) Felony................................ $37.50
Such costs shall include all charges including the costs of
giving a magisterial district judge's transcript to the
prosecutor or defendant, or both, if requested. Such costs shall
not include, however, the cost of postage and registered mail
which shall be paid by the defendant upon conviction.
* * *
§ 3571. Commonwealth portion of fines, etc.
* * *
(c) Costs in magisterial district judge proceedings.--
* * *
(2) Amounts payable to the Commonwealth:
(i) Summary conviction, except motor
vehicle cases.............................. $10.00
[(ii) Summary conviction, motor
vehicle cases other than subparagraph (iii) $10.00]
(iii) Summary conviction, motor
vehicle cases, hearing demanded............ $10.00
(iv) Misdemeanor...................... $13.00
(v) Felony............................ $20.00
(vi) Assumpsit or trespass involving:
(A) $500 or less.................. $12.50
(B) More than $500 but not more
than $2,000............................ $20.00
(C) More than $2,000 but not more
than $4,000............................ $30.00
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(D) More than $4,000 but not more
than $12,000........................... $50.00
(vii) Landlord-tenant proceeding
involving:
(A) $2,000 or less................ $20.00
(B) More than $2,000 but not more
than $4,000............................ $25.00
(C) More than $4,000 but not more
than $12,000........................... $35.00
(viii) Objection to levy.............. $5.00
(ix) Order of execution............... $15.00
(x) Issuing a search warrant (except
as provided in section 1725.1(d) (relating
to costs))................................. $7.00
(xi) Order of possession.............. $15.00
* * *
Section 2. Section 3733(a.1) of Title 42 is amended by
adding a paragraph to read:
§ 3733. Deposits into account.
* * *
(a.1) Additional fees.--
* * *
(1.1) Paragraph (1) does not apply to a conviction or
guilty plea based on the filing of a traffic citation
charging an offense under 75 Pa.C.S. (relating to vehicles)
that is classified as a summary offense under a State statute
or local ordinance as provided in the Pennsylvania Rules of
Criminal Procedure.
* * *
Section 3. Section 3733.1 of Title 42 is amended by adding a
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subsection to read:
§ 3733.1. Surcharge.
* * *
(d) Application of surcharge.--Notwithstanding any other
provision of law, the additional surcharge under section 1795.1-
E(b)(3) of the act of April 9, 1929 (P.L.343, No.176), known as
The Fiscal Code, shall not apply to a conviction or guilty plea
based on the filing of a traffic citation charging an offense
under 75 Pa.C.S. that is classified as a summary offense under a
State statute or local ordinance as provided in the Pennsylvania
Rules of Criminal Procedure.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 42
Pa.C.S. § 3733.1(d).
(2) Section 1795.1-E(b)(3) of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, is repealed to
the extent that it is inconsistent with the addition of 42
Pa.C.S. § 3733.1(d).
Section 5. This act shall take effect in 60 days.
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