Regular Session 2023-2024 Senate Bill 0328 P.N. 0292

PRINTER'S NO. 292

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

328

Session of

2023

INTRODUCED BY STREET, HAYWOOD, KEARNEY, KANE, CAPPELLETTI,

TARTAGLIONE AND SAVAL, FEBRUARY 14, 2023

REFERRED TO JUDICIARY, FEBRUARY 14, 2023

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 75

(Vehicles) of the Pennsylvania Consolidated Statutes, in

sentencing, further providing for payment of court costs,

restitution and fines, for fine and for failure to pay fine;

in licensing of drivers, further providing for suspension of

operating privilege for failure to respond to citation; and,

in penalties and disposition of fines, further providing for

inability to pay fine and costs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9730(b) of Title 42 of the Pennsylvania

Consolidated Statutes, amended or added November 3, 2022

(P.L.2175, No.163), is amended to read:

§ 9730. Payment of court costs, restitution and fines.

* * *

(b) Procedures regarding default.--

(1) If a defendant defaults in the payment of court

costs, restitution or fines after imposition of sentence, the

issuing authority or a senior judge or senior magisterial

district judge appointed by the president judge for the

purposes of this section [may] shall conduct a hearing to

determine whether the defendant is financially able to pay.

(2) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

financially able to pay the costs, restitution or fine, the

issuing authority, senior judge or senior magisterial

district judge may enter an order for wage attachment, turn

the delinquent account over to a private collection agency or

impose imprisonment for nonpayment, as provided by law.

(2.1) (i) If the issuing authority, senior judge or

senior magisterial district judge schedules a financial

determination hearing for the defendant and provides

notice to the defendant of the hearing, but the defendant

fails to appear at the financial determination hearing,

the issuing authority, senior judge or senior magisterial

district judge may turn the delinquent account over to a

private collection agency or the county's collection

enforcement unit as set forth under section 9728

(relating to collection of restitution, reparation, fees,

costs, fines and penalties), as provided by law.

(ii) In each communication with the defendant, the

private collection agency or the county's collection

enforcement unit shall notify the defendant of the

defendant's right to request a new financial

determination hearing under paragraph (2.2).

(2.2) (i) If the defendant has a delinquent account

turned over to a private collection agency or the

county's collection enforcement unit under paragraph

(2.1), the defendant may request a new financial

determination hearing on the defendant's financial

ability to pay the court costs, restitution or fines.

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(ii) Upon receipt of the request for a new financial

determination hearing under this paragraph, the issuing

authority, senior judge or senior magisterial district

judge shall schedule and conduct the hearing in

accordance with this subsection.

(iii) Upon notice that the defendant has requested a

new financial determination hearing under this paragraph,

the private collection agency or the county's collection

enforcement unit shall cease all collections activities

pending the conclusion of the financial determination

hearing.

(iv) If the defendant fails to appear at the

financial determination hearing under this paragraph, the

private collection agency or county's collection

enforcement unit may resume collection activities.

(v) If the defendant requests a new financial

determination hearing after failing to appear at a

hearing previously requested under this paragraph, the

private collection agency or county collection

enforcement unit's collection activities may continue

unless stayed by court order.

(3) (i) If the issuing authority, senior judge or

senior magisterial district judge determines that the

defendant is without the financial means to pay the

costs, restitution or fines immediately or in a single

remittance[,] without causing manifest hardship to the

defendant as defined in paragraph (5), the issuing

authority, senior judge or senior magisterial district

judge [may] shall provide for payment in installments or,

in the case of costs or fines, reduce or waive the costs

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or fines, except costs imposed under section 1101 of the

act of November 24, 1998 (P.L.882, No.111), known as the

Crime Victims Act. In determining the appropriate

installments, reduction or waiver, the issuing authority,

senior judge or senior magisterial district judge shall

[consider the defendant's financial resources, the

defendant's ability to make restitution and reparations

and the nature of the burden the payment will impose on

the defendant.] assign an installment payment for the

costs, restitution or fines that complies with the

requirements under section 9758(b) (relating to fine).

(ii) If the defendant is in default of a payment or

advises the issuing authority, senior judge or senior

magisterial district judge that default is imminent, the

issuing authority, senior judge or senior magisterial

district judge may schedule a rehearing on the payment

schedule. At the rehearing the defendant has the burden

of proving [changes of financial condition such that the

defendant is without the means to meet the payment

schedule.] that the payments are causing the defendant

manifest hardship. The issuing authority, senior judge or

senior magisterial district judge [may extend or

accelerate the schedule, leave it unaltered, reduce or

waive the costs or fines, except costs imposed under

section 1101 of the Crime Victims Act,] shall extend the

installment payment time limitation or sentence the

defendant to a period of community service as the issuing

authority, senior judge or senior magisterial district

judge finds to be just and practicable under the

circumstances.

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(iii) If the issuing authority, senior judge or

senior magisterial district judge determines that the

defendant is without the financial means to pay the

costs, restitution or fines under this paragraph, the

issuing authority, senior judge or senior magisterial

district judge shall waive an existing collection fee

under section 9730.1(b) (relating to collection of court

costs, restitution and fines by private collection

agency) that was not previously collected from the

defendant who is determined to be without the financial

means to pay the costs, restitution or fines under this

paragraph.

(4) A decision of the issuing authority, senior judge or

senior magisterial district judge under paragraph (2) or (3)

is subject to section 5105 (relating to right to appellate

review).

(5) A defendant shall be considered to experience

manifest hardship if any of the following apply:

(i) The defendant is involuntarily unemployed and

has assets less than 200% of the Federal poverty level.

(ii) The defendant's household income and assets are

less than 200% of the Federal poverty level.

(iii) The defendant is receiving any kind of public

assistance.

(iv) The defendant presents evidence to the judge

during the hearing that would cause a reasonable person

to believe paying the full amount of the penalty would

cause manifest hardship to the defendant or their

dependents.

(v) The defendant is unable to afford to meet the

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defendant's basic life needs, including food, rent or

mortgage payments, utilities, medical expenses,

transportation and dependent care.

Section 2. Sections 9758(b) and (c) and 9772 of Title 42 are

amended to read:

§ 9758. Fine.

* * *

(b) Installment payment.--

(1) Except for fines imposed under Title 34 (relating to

game), the court may permit installment payments as it

considers appropriate to the circumstances of the defendant,

in which case its order shall specify when each installment

payment is due. Installment payments for fines imposed for

summary offenses under Title 34 shall not exceed one year for

summary offenses and, except for 34 Pa.C.S. § 2522 (relating

to shooting at or causing injury to human beings), shall not

exceed two years for misdemeanor offenses.

(2) The following shall apply to installment payments

permitted under this subsection:

(i) A defendant whose household income is less than

or equal to 125% of the Federal poverty level may not be

required to make payments until the defendant's income is

more than 125% of the Federal poverty level.

(ii) A defendant whose household income is more than

125% but less than 150% of the Federal poverty level may

not be required to make monthly installment payments that

exceed two times the hourly minimum wage for the

locality.

(iii) A defendant whose household income is equal to

or more than 150% but less than 175% of the Federal

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poverty level may not be required to make monthly

installment payments that exceed three times the hourly

minimum wage for the locality.

(iv) A defendant whose household income is greater

than or equal to 175% but less than 185% of the Federal

poverty level may not be required to make monthly

installment payments that exceed four times the hourly

minimum wage for the locality.

(v) A defendant whose household income is greater

than or equal to 185% but less than 200% of the Federal

poverty level may not be required to make monthly

installment plans that exceed five times the hourly

minimum wage for the locality.

(vi) If a defendant's household income is equal to

or more than 200% of the Federal poverty level, the

court, issuing authority, senior judge or senior

magisterial district judge shall consider the evidence

presented and set a payment plan that would not impose

what a reasonable person would consider manifest hardship

to the defendant or the defendant's dependents.

(vii) A court, issuing authority, senior judge or

senior magisterial district judge may deviate from the

maximum monthly payment plans under this paragraph only

if it finds by a preponderance of the evidence presented

at the hearing that the defendant has the present ability

to pay a higher amount per month without experiencing a

manifest hardship.

include an alternative sentence in the event of nonpayment. A

person sentenced to community service under this subsection

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shall be assigned a minimum of one hour of service for each $20

of the unpaid balance of the fine and costs.

§ 9772. Failure to pay fine.

[Unless there is proof that failure to pay a fine or that

portion of the fine that is due is excusable] Unless the court

finds that a defendant is financially able to pay a fine or a

portion of the fine that is due without causing the defendant

manifest hardship, the court may after a hearing find the

defendant guilty of contempt and sentence him to not more than

six months imprisonment, if a term of confinement of that amount

could have been imposed for the offense charged. If an

alternative sentence has been imposed under section 9758(c)

(relating to alternative sentence), the alternative sentence may

not take effect until there has been a preliminary finding of

non-indigency, and a willful failure to pay the fine.

Section 3. Sections 1533(a) and (b) and 6504 of Title 75 are

amended to read:

§ 1533. Suspension of operating privilege for failure to

respond to citation.

(a) Violations within Commonwealth.--The department shall

suspend the operating privilege of any person who has failed to

respond to a citation or summons to appear before an issuing

authority or a court of competent jurisdiction of this

Commonwealth for any violation of this title, other than

parking, or who has failed to pay any fine, costs or restitution

imposed by an issuing authority or such courts for violation of

this title, other than parking, upon being duly notified by an

issuing authority or a court of this Commonwealth. An issuing

authority or court shall notify the department that a person has

failed to pay any fine, costs or restitution only after making a

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preliminary finding of nonindigency and a willful failure to pay

without causing manifest hardship.

(b) Violations outside Commonwealth.--The department shall

suspend the operating privilege of any person who has failed to

respond to a citation, summons or similar writ to appear before

a court of competent jurisdiction of the United States or any

state which has entered into an enforcement agreement with the

department, as authorized under section 6146 (relating to

enforcement agreements), for any violation of the motor vehicle

laws of such state, other than parking, or who has failed to pay

any fine or costs imposed by such court upon being duly notified

in accordance with the laws of such jurisdiction in which the

violation occurred. A person who provides proof, satisfactory to

the department, that the full amount of the fine and costs has

been forwarded to and received by the court shall not be

regarded as having failed to respond for the purposes of this

subsection. The department may not suspend the operating

privilege of a person who has failed to pay a fine or costs

unless an issuing authority or court has first made a

preliminary finding of nonindigency and a willful failure to pay

without causing manifest hardship.

* * *

§ 6504. Inability to pay fine and costs.

(a) Order for installment payments.--Upon plea and proof

that a person is unable to pay any fine and costs imposed under

this title, a court may, in accordance with 42 Pa.C.S. § 9758

(relating to fine), order payment of the fine and costs in

installments and shall fix the amounts, times and manner of

payment.

(b) Imprisonment for nonpayment.--Any person who is found

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able to pay but does not comply with an order entered under this

section may be imprisoned for a number of days equal to one day

for each $40 of the unpaid balance of the fine and costs.

manifest hardship as provided in 42 Pa.C.S. § 9730 (relating to

payment of court costs, restitution and fines) may be sentenced

to community service in the amount of one hour for every $20 of

the unpaid balance of the fine.

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

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