PRINTER'S NO. 268
No. 261 Session of 1989
INTRODUCED BY GREENLEAF, JANUARY 24, 1989
REFERRED TO TRANSPORTATION, JANUARY 24, 1989
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes, further
3 providing for courts to impose an order of probation with
4 certain payments for use of the county; and providing for the
5 disposition of such payments.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 3575. Payments in lieu of fines.
11 All payments in lieu of fines imposed pursuant to 75 Pa.C.S.
12 § 6506 (relating to payments in lieu of fines) shall be retained
13 by the county in which the court makes the order.
14 Section 2. Section 9754(c)(11) of Title 42 is amended to
15 read:
16 § 9754. Order of probation.
17 * * *
18 (c) Specific conditions.--The court may as a condition of
19 its order require the defendant:
1 * * *
2 (11) To pay such fine as has been imposed or, for
3 violations of Title 75 (relating to vehicles), make payments
4 for the use of the county in lieu of fines.
5 * * *
6 Section 3. Section 9758 of Title 42 is amended by adding a
7 subsection to read:
8 § 9758. Fine.
9 * * *
10 (d) Payments in lieu of fines.--In imposing a payment for
11 the use of the county in lieu of a fine pursuant to 75 Pa.C.S. §
12 6506 (relating to payments in lieu of fines), the court shall,
13 at the time of sentencing, specify the amount of the payment,
14 which shall not be more than the amount of the fine authorized
15 by law, when the payment shall be made and the county to receive
16 the payment.
17 Section 4. Title 42 is amended by adding a section to read:
18 § 9773. Failure to make payment in lieu of fine.
19 Failure to make any payment for the use of the county in lieu
20 of a fine shall result in the revocation of the order of
21 probation and an imposition of a sentence as provided by law.
22 Section 5. Title 75 is amended by adding a section to read:
23 § 6506. Payments in lieu of fines.
24 (a) General rule.--In addition to any available sentencing
25 alternatives which may be imposed for violations of this title,
26 a court shall have the power to suspend a sentence and place the
27 violator on probation for a definite period on such terms and
28 conditions as the court may impose, including the payment of
29 money for the use of the county.
30 (b) Payment not considered fine.--No condition requiring a
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1 payment of money for use of the county shall be considered as
2 the imposition of a fine.
3 (c) Form of order.--An order issued pursuant to subsection
4 (a) shall state that:
5 (1) The violator is guilty of the alleged violation.
6 (2) The sentence is suspended.
7 (3) The defendant is placed on probation for a specified
8 period of time.
9 (4) The defendant is to make a monetary payment of a
10 specified amount for the use of the county.
11 Section 6. This act shall take effect in 90 days.
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