SENATE AMENDED
PRIOR PRINTER'S NOS. 1770, 3474, 3734 PRINTER'S NO. 4145
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
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 22, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, imposing a CRIMINAL JUSTICE technology <--
3 enhancement fee and a criminal justice information sharing <--
4 fee for convictions; and establishing the Juvenile and <--
5 Criminal Justice Technology Enhancement Fund and the Criminal <--
6 Justice Information Sharing Fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 18 of the Pennsylvania Consolidated
10 Statutes is amended by adding sections A SECTION to read: <--
11 § 1110. Technology CRIMINAL JUSTICE TECHNOLOGY enhancement fee. <--
12 (a) General rule.--Unless the court finds that undue
13 hardship would result, a mandatory fee equal to 5% 10% of the <--
14 fine imposed but not less than $10 $20, which shall be in <--
15 addition to any other costs imposed by law, shall automatically
16 be assessed on any individual convicted, adjudicated delinquent,
17 subject to a consent decree, or granted Accelerated
18 Rehabilitative Disposition or any individual who pleads guilty
1 or nolo contendere for a violation of the act of April 14, 1972
2 (P.L.233, No.64), known as The Controlled Substance, Drug,
3 Device and Cosmetic Act, this title or 75 Pa.C.S. Ch. 38
4 (relating to driving after imbibing alcohol or utilizing drugs),
5 which fee shall be deposited into a special fund in the State
6 Treasury, to be known as the Juvenile and Criminal Justice <--
7 Technology Enhancement Fund. NO MORE THAN 5% OF THE FEE <--
8 COLLECTED SHALL BE RETAINED BY THE COUNTY FOR ITS ADMINISTRATIVE
9 COSTS RELATED TO COLLECTING THE FEE FOR DEPOSIT INTO THE
10 CRIMINAL JUSTICE TECHNOLOGY ENHANCEMENT FUND.
11 (b) Use of fee.--
12 (1) The moneys of the Juvenile and FUNDS OF THE Criminal <--
13 Justice Technology Enhancement Fund are hereby appropriated
14 on a continuing basis to the Pennsylvania Commission on Crime
15 and Delinquency, no more than 10% of which may be used to
16 reimburse the commission for the administrative costs
17 directly related to the making of grants from the Juvenile <--
18 and USE OF THE FUNDS FROM THE Criminal Justice Technology <--
19 Enhancement Fund.
20 (2) After the commission is reimbursed pursuant to
21 paragraph (1), the commission shall use 50% OF the balance of <--
22 the remaining moneys FUNDS to make grants to the counties in <--
23 the proportion it received the moneys from the counties to be
24 used as follows:
25 (i) No more than 5% of the grant shall be expended <--
26 by the county on its administrative fees related to
27 collecting the fees.
28 (ii) (A) The balance of the grant shall be used by
29 (I) THE GRANT SHALL BE USED BY the county to <--
30 maintain arrest and arraignment systems and other future
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1 juvenile or criminal data systems and services.
2 (B) If at the expiration of the grant period, <--
3 (II) IF AT THE EXPIRATION OF THE GRANT PERIOD, the <--
4 county has not used any portion of the balance of the
5 grant for the purpose PURPOSES contained in this <--
6 subparagraph, it shall remit the money PARAGRAPH, IT <--
7 SHALL REMIT THE FUNDS to the commission. Money remitted <--
8 under this clause FUNDS REMITTED UNDER THIS SUBPARAGRAPH <--
9 shall be redistributed to counties on a competitive grant
10 basis FOR THE PURPOSES DELINEATED IN SUBPARAGRAPH (I). <--
11 § 1111. Criminal justice information sharing fee. <--
12 (a) General rule.--Unless the court finds that undue
13 hardship would result, a mandatory fee equal to 5% of the fine
14 imposed but not less than $10, which shall be in addition to any
15 other costs imposed by law, shall automatically be assessed on
16 any individual convicted, adjudicated delinquent, subject to a
17 consent decree, or granted Accelerated Rehabilitative
18 Disposition or any individual who pleads guilty or nolo
19 contendere for a violation of the act of April 14, 1972
20 (P.L.233, No.64), known as The Controlled Substance, Drug,
21 Device and Cosmetic Act, this title or 75 Pa.C.S. Ch. 38
22 (relating to driving after imbibing alcohol or utilizing drugs),
23 which fee shall be deposited into a special fund in the State
24 Treasury, to be known as the Criminal Justice Information
25 Sharing Fund. No more than 5% of the restitution fees collected
26 shall be retained by the county for its administrative fees
27 related to collecting the restitution fees for deposit into the
28 Criminal Justice Information Sharing Fund.
29 (b) Use of fee.--
30 (1) The moneys in the Criminal Justice Information
20030H1424B4145 - 3 -
1 Sharing Fund are hereby appropriated on a continuing basis to
2 the Pennsylvania Commission on Crime and Delinquency, no more
3 than 10% of which may be used to reimburse the commission for
4 the administrative costs directly related to the making of
5 grants from the Criminal Justice Information Sharing Fund.
6 (2) (3) After the commission is reimbursed pursuant to <--
7 paragraph (1), the commission shall make the remaining funds <--
8 50% OF THE BALANCE OF THE REMAINING FUNDS available to an <--
9 entity having a Statewide role in the education and
10 representation of counties and their elected officials, for
11 the purpose of redistribution on behalf of the counties for <--
12 the coordination, deployment, activation and COUNTIES. <--
13 (I) THE FUNDS SHALL BE USED FOR THE COORDINATION,
14 DEPLOYMENT, ACTIVATION AND administration of a county-
15 based integrated technology system for county criminal
16 justice information sharing. which THE SYSTEM may include <--
17 the following components:
18 (i) criminal case processing; <--
19 (ii) offender processing;
20 (iii) victim and witness notification; and
21 (iv) homeland security related activities.
22 (3) Any portion of the balance of the funds that has not
23 (A) CRIMINAL CASE PROCESSING; <--
24 (B) OFFENDER PROCESSING;
25 (C) VICTIM AND WITNESS NOTIFICATION; AND
26 (D) HOMELAND SECURITY RELATED ACTIVITIES.
27 (II) ANY PORTION OF THE BALANCE OF THE FUNDS THAT
28 HAS NOT been expended for the purposes contained in this
29 subparagraph PARAGRAPH shall be remitted to the <--
30 commission. Money remitted under this clause shall be
20030H1424B4145 - 4 -
1 redistributed to the counties on a competitive grant
2 basis for the purposes delineated in paragraph (2). <--
3 SUBPARAGRAPH (I). <--
4 Section 2. This act shall take effect in 60 days.
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