PRIOR PRINTER'S NO. 1770 PRINTER'S NO. 3474
No. 1424 Session of 2003
INTRODUCED BY THOMAS, RUBLEY, BISHOP, BELFANTI, BEBKO-JONES,
CAPPELLI, CRUZ, DALEY, GEORGE, HARHAI, HORSEY, JAMES,
McGEEHAN, WASHINGTON, WATERS, YOUNGBLOOD, BROWNE, CREIGHTON,
CRAHALLA AND MELIO, MAY 12, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 17, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, imposing a restitution TECHNOLOGY <--
3 ENHANCEMENT fee for convictions; and establishing the
4 Juvenile and Criminal Justice Technology Enhancement Fund.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 1110. Restitution fee. <--
10 (a) General rule.--In addition to any other sentence
11 imposed, the court shall order an offender to pay a restitution
12 fee equal to 5% of the fine imposed but not less than $10, which
13 § 1110. TECHNOLOGY ENHANCEMENT FEE. <--
14 (A) GENERAL RULE.--UNLESS THE COURT FINDS THAT UNDUE
15 HARDSHIP WOULD RESULT, A MANDATORY FEE EQUAL TO 5% OF THE FINE
16 IMPOSED BUT NOT LESS THAN $10, WHICH SHALL BE IN ADDITION TO ANY
17 OTHER COSTS IMPOSED BY LAW, SHALL AUTOMATICALLY BE ASSESSED ON
1 ANY INDIVIDUAL CONVICTED, ADJUDICATED DELINQUENT, SUBJECT TO A
2 CONSENT DECREE, OR GRANTED ACCELERATED REHABILITATIVE
3 DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY OR NOLO
4 CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972
5 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
6 DEVICE AND COSMETIC ACT, THIS TITLE OR 75 PA.C.S. CH. 38
7 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS),
8 WHICH fee shall be deposited into a special fund in the State
9 Treasury, to be known as the Juvenile and Criminal Justice
10 Technology Enhancement Fund.
11 (b) Use of fee.--The moneys of the Juvenile and Criminal
12 Justice Technology Enhancement Fund are hereby appropriated on a
13 continuing basis to the Pennsylvania Commission on Crime and
14 Delinquency, which shall use the moneys to reimburse the
15 commission for the administrative costs directly related to the
16 making of grants from the Juvenile and Criminal Justice
17 Technology Enhancement Fund. No AFTER THE COMMISSION IS <--
18 REIMBURSED, NO more than 15% of the fund shall be expended on
19 the administrative fees relating to collecting the restitution <--
20 fees and the remaining 85% BALANCE shall be made available to <--
21 the counties from which the restitution fees were remitted and <--
22 to maintain arrest and arraignment systems and other future
23 juvenile or criminal data systems and services.
24 Section 2. This act shall take effect in 60 days.
D29L18DMS/20030H1424B3474 - 2 -