Regular Session 2021-2022 House Bill 2818 P.N. 3464

PRINTER'S NO. 3464

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2818

Session of

2022

INTRODUCED BY ECKER, MOUL, CONKLIN AND HERSHEY,

SEPTEMBER 14, 2022

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 14, 2022

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in facilities and

supplies, further providing for deposits into account and for

surcharge; in access to justice, further providing for

distribution of funds; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3733(a.1)(1) and (2)(iii) of Title 42 of

the Pennsylvania Consolidated Statutes are amended and paragraph

(2) is amended by adding a subparagraph to read:

§ 3733. Deposits into account.

* * *

(a.1) Additional fees.--

(1) In addition to the court costs and filing fees

authorized to be collected by statute:

(i) An additional fee of [$10] $12 shall be charged

and collected by the prothonotaries of the Pennsylvania

Supreme, Superior and Commonwealth Courts for each

initial filing for which a fee, charge or cost is now

authorized.

(ii) An additional fee of [$10] $12 shall be charged

and collected by the prothonotaries, clerks of orphans'

courts and registers of wills of all courts of common

pleas, or by any officials designated to perform the

functions thereof, for the initiation of any civil action

or legal proceeding.

(iii) An additional fee of [$10] $12 shall be

charged by the clerks of courts of all courts of common

pleas, or by any officials designated to perform the

functions thereof, for the initiation of any criminal

proceeding for which a fee, charge or cost is now

authorized and a conviction is obtained or guilty plea is

entered. The additional fee under this subparagraph shall

also be charged and collected when a defendant is granted

entry into Accelerated Rehabilitative Disposition or any

other pretrial diversionary program.

(iv) An additional fee of [$10] $12 shall be charged

and collected by the minor judiciary, including

magisterial district judges, Philadelphia Municipal

Court, Philadelphia Traffic Court and Pittsburgh

Municipal Court, for the initiation of a legal proceeding

for which a fee or cost is now authorized, except that in

criminal, summary and traffic matters the fee shall be

charged only when a conviction is obtained or guilty plea

is entered. The additional fee under this subparagraph

shall also be charged and collected when a defendant is

granted entry into Accelerated Rehabilitative Disposition

or any other pretrial diversionary program.

(v) An additional fee of [$10] $12 shall be charged

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and collected by the recorders of deeds and clerks of

court, or by any officials designated to perform similar

functions, for each filing of a deed, mortgage or

property transfer for which a fee, charge or cost is now

authorized. The Supreme Court shall designate by

financial regulations which filings meet the criteria of

this subparagraph.

(2) The additional fees identified in paragraph (1)

shall be fixed and charged for the fiscal years as indicated:

* * *

(iii) For the fiscal year 2005-2006 and each fiscal

year thereafter until the effective date of subparagraph

(iv), $8 of each additional fee shall be deposited into

the Judicial Computer System Augmentation Account, and $2

of each additional fee shall be deposited into the Access

to Justice Account under section 4904.

(iv) Beginning on the effective date of this

subparagraph, $8 of each additional fee shall be

deposited into the Judicial Computer System Augmentation

Account, and $4 of each additional fee shall be deposited

into the Access to Justice Account established under

section 4904.

* * *

Section 2. Sections 3733.1 and 4906 of Title 42 are amended

to read:

§ 3733.1. Surcharge.

(a) Imposition of surcharge.--In addition to each fee

imposed under section 3733(a.1) (relating to deposits into

account), except as set forth in subsection (b), the following

apply:

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(3) A permanent fee of $2 shall be charged and

collected.

(4) A permanent fee of $2.50 shall be charged and

collected.

(b) Exceptions.--Subsection (a) 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) which is classified as summary under a State statute

or local ordinance as provided in the Pennsylvania Rules of

Criminal Procedure.

(3) The fee under subsection (a)(3) shall be deposited

into the Access to Justice Account.

(4) The fee under subsection (a)(4) shall be deposited

into the Criminal Justice Enhancement Account.

§ 4906. Distribution of funds.

All moneys deposited in the account and any investment income

accrued are [hereby annually] appropriated on a continuing basis

to the Administrative Office of the Pennsylvania Courts and

shall be distributed [annually] at any time, upon requisition of

the Court Administrator of Pennsylvania, to the Pennsylvania

Interest on Lawyers Trust Account Board to contract exclusively

with eligible legal services providers for the purpose set forth

in section 4905(a) (relating to purpose of account). Funds

received by the Pennsylvania Interest on Lawyers Trust Account

Board pursuant to this chapter shall be maintained in a separate

account and shall be accounted for separately from any other

funds received by the board.

Section 3. Repeals are as follows:

(1) The General Assembly declares that the repeal under

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paragraph (2) is necessary to effectuate the amendment of 42

Pa.C.S. § 3733(a.1).

(2) Section 1795.1-E(b)(2) of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, is repealed.

(3) The General Assembly declares that the repeals under

paragraph (4) are necessary to effectuate the addition of 42

Pa.C.S. § 3733.1(a)(4) and (c)(4).

(4) Section 1795.1-E(c)(1)(ii) and (3)(ii) of The Fiscal

Code are repealed.

(5) The General Assembly declares that the repeal under

paragraph (6) is necessary to effectuate the amendment of 42

Pa.C.S. § 4906.

(6) Section 1795-E of The Fiscal Code is repealed.

Section 4. This act shall take effect in 60 days.

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