SENATE AMENDED
PRIOR PRINTER'S NO. 3624 PRINTER'S NO. 4440
No. 2328 Session of 2006
INTRODUCED BY O'BRIEN, ADOLPH, BOYD, BUNT, CAPPELLI, CRAHALLA,
DALLY, J. EVANS, GANNON, GINGRICH, GODSHALL, GOODMAN, HERMAN,
HICKERNELL, W. KELLER, KILLION, KOTIK, LEDERER, MARSICO,
MICOZZIE, MUSTIO, PALLONE, PHILLIPS, PYLE, QUIGLEY, REICHLEY,
SCAVELLO, SONNEY, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRUE,
WATSON, WILT AND YUDICHAK, MARCH 6, 2006
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 29, 2006
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and Title 42 (Judiciary
2 and Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for fines AND COSTS; and <--
4 providing for the Criminal Justice Enhancement Account and <--
5 for adoption of guidelines for fines.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1101 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 1101. Fines.
11 A person who has been convicted of an offense may be
12 sentenced to pay a fine not exceeding:
13 (1) [$50,000] $100,000, when the conviction is of murder
14 or attempted murder.
15 (2) [$25,000] $50,000, when the conviction is of a
16 felony of the first or second degree.
1 (3) [$15,000] $30,000, when the conviction is of a
2 felony of the third degree.
3 (4) [$10,000] $20,000, when the conviction is of a
4 misdemeanor of the first degree.
5 (5) [$5,000] $10,000, when the conviction is of a
6 misdemeanor of the second degree.
7 (6) [$2,500] $5,000, when the conviction is of a
8 misdemeanor of the third degree.
9 (7) [$300] $600, when the conviction is of a summary
10 offense for which no higher fine is established.
11 (8) Any higher amount equal to double the pecuniary gain
12 derived from the offense by the offender.
13 (9) Any higher or lower amount specifically authorized
14 by statute.
15 Section 2. Title 18 is amended by adding a section to read:
16 § 1111. Criminal Justice Enhancement Account. <--
17 (a) Establishment.--The Criminal Justice Enhancement Account
18 is established as an account in the State Treasury. The account
19 shall be comprised of all of the following:
20 (1) Costs of prosecution imposed pursuant to subsection
21 (b).
22 (2) Fines statutorily designated by subsection (c) to
23 the account.
24 (b) Costs of prosecution.--In addition to any other costs of
25 § 1111. ADDITIONAL COSTS OF PROSECUTION. <--
26 IN ADDITION TO ANY OTHER COSTS OF prosecution, an assessment
27 in the amount of $50 shall be imposed and directed to the
28 account GENERAL FUND in each judicial proceeding where: <--
29 (1) the defendant accepts Accelerated Rehabilitative
30 Disposition;
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1 (2) the defendant is convicted of or enters a plea of
2 guilt or nolo contendere for a felony, misdemeanor of the
3 first degree or misdemeanor of the second degree set forth in
4 this title; or
5 (3) the defendant is convicted of or enters a plea of
6 guilt or nolo contendere for a violation of section 13(a)(16)
7 of the act of April 14, 1972 (P.L.233, No.64), known as The
8 Controlled Substance, Drug, Device and Cosmetic Act.
9 (c) Designated offenses.--Any fines imposed for the <--
10 following offenses shall be directed to the account:
11 18 Pa.C.S. Ch. 41 (relating to forgery and fraudulent
12 practices) other than summary offenses under section 4105
13 (relating to bad checks).
14 18 Pa.C.S. Ch. 47 (relating to bribery and corrupt
15 influence).
16 18 Pa.C.S. Ch. 49 Subch. A (relating to perjury and
17 falsification in official matters).
18 18 Pa.C.S. Ch. 57 (relating to wiretapping and electronic
19 surveillance).
20 18 Pa.C.S. Ch. 76 (relating to computer offenses).
21 (d) Distribution from account.--The money in the account is
22 appropriated, upon approval of the Governor, to fulfill the
23 provisions of section 1401(p) of the act of August 9, 1955
24 (P.L.323, No.130), known as The County Code.
25 Section 3. Title 42 is amended by adding a section to read:
26 § 2154.3. Adoption of guidelines for fines.
27 The commission shall adopt guidelines for fines or other
28 lawful economic sanctions, within the limits established by law,
29 which shall be considered by the sentencing court in determining
30 the appropriate sentence for defendants who plead guilty or nolo
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1 contendere to or who are found guilty of felonies and
2 misdemeanors. The guidelines shall do all of the following:
3 (1) Specify the range of fines or other lawful economic
4 sanctions, applicable to crimes of a given degree of gravity.
5 (2) Specify a range of fines or other lawful economic
6 sanctions, of increased amount for defendants previously
7 convicted or adjudicated delinquent for one or more
8 misdemeanor or felony offenses committed prior to the current
9 offense. For purposes of this paragraph, the term "previously
10 convicted or adjudicated delinquent" shall include any
11 finding of guilt or adjudication of delinquency whether or
12 not sentence has been imposed or disposition ordered prior to
13 the commission of the current offense.
14 (3) Prescribe variations from the range of fines
15 applicable on account of aggravating or mitigating
16 circumstances.
17 (4) Prescribe community service alternatives which may
18 be imposed in lieu of all or part of the fines where the
19 sentencing court finds the defendant lacks the ability to pay
20 all or part of the fine.
21 Section 4. This act shall take effect in 120 days.
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