PRINTER'S NO. 1751
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1267
Session of
2024
INTRODUCED BY ARGALL AND DUSH, JUNE 21, 2024
REFERRED TO LAW AND JUSTICE, JUNE 21, 2024
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in constables, further providing for
restricted account and for fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 7149(b) and 7161(f) and (g) of Title 44
of the Pennsylvania Consolidated Statutes are amended to read:
§ 7149. Restricted account.
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(b) Surcharge.--There is assessed as a cost in each case
before a magisterial district judge a surcharge of [$5] $10 per
docket number in each criminal case and [$5] $10 per named
defendant in each civil case in which a constable or deputy
constable performs a service provided in Subchapter G (relating
to compensation), except that no county shall be required to pay
this surcharge on behalf of any indigent or other defendant in a
criminal case.
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§ 7161. Fees.
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(f) Civil and landlord-tenant cases.--Fees in civil and
landlord-tenant cases shall be as follows:
(1) For serving complaint, summons or notice on suitor
or tenant, either personally or by leaving a copy, [$13] $20,
plus [$5] $10 for each additional defendant at the same
address, [$2.50] $5 for each return of service, plus mileage.
(2) For levying goods, including schedule of property
levied upon and set aside, notice of levy and return of
service, [$75] $125, plus mileage.
(3) For advertising personal property for public sale,
[$7] $10 per posting, with a maximum [$21] $30 fee, plus
mileage, plus the cost of advertising.
(4) For selling goods levied, receipts and returns to
court, [$85] $125, plus mileage.
(5) For making return of not found, [$13] $20, plus
mileage. Payment shall be limited to three returns of not
found.
(6) For executing order of possession, [$13] $20, plus
[$5] $10 for each additional defendant at the same address,
[$2.50] $5 for each return of service, plus mileage.
(7) For ejectment, [$90] $150, [$2.50] $5 for each
return of service, plus mileage.
(8) For making any return of service other than not
found, [$2.50] $5 each.
(9) For providing courtroom security as ordered, [$13]
$25 per hour, assessed against one or more parties as
determined by the court.
(10) Actual mileage for travel by motor vehicle shall be
reimbursed at the rate equal to the highest rate allowed by
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the Internal Revenue Service. If travel is by other than
motor vehicle, reimbursement shall be for vouchered travel
expenses.
(g) Criminal cases.--Fees in criminal cases shall be as
follows:
(1) For executing each warrant of arrest or for
effectuating the payment of fines and costs by attempting to
execute each warrant of arrest, [$25] $50 for each docket
number and [$2.50] $5 for each return of service, plus
mileage.
(2) For taking custody of a defendant, [$5] $25 per
defendant.
(3) For conveyance of defendant to or from court, [$5]
$25 per defendant.
(4) For attendance at arraignment or hearing, [$13] $25.
(5) For executing discharge, [$5] $25 per defendant.
(6) For executing commitment, [$5] $25 per defendant.
(7) For executing release, [$5] $25 per defendant.
(8) For making returns to the court, [$2.50] $5.
(9) Transporting each nonincarcerated defendant to jail,
[$17] $25, plus mileage; transporting an incarcerated
prisoner, [$38] $50 per prisoner, plus an hourly rate of
[$13] $25 per hour, plus mileage. Computation of hourly rate
will apply after the expiration of the first hour per
prisoner per hour, not to exceed [$26] $50 per hour per
constable.
(10) Receipt of the fees for transporting a
nonincarcerated defendant under paragraph (9) shall not
exclude receipt of the fees under paragraphs (6) and (8) for
that transport.
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(11) Receipt of the fees for transporting an
incarcerated prisoner under paragraph (9) shall exclude
receipt of the fees under paragraphs (2), (3), (4) and (7)
for the transport.
(12) Actual mileage for travel by motor vehicle shall be
reimbursed at the rate equal to the highest rate allowed by
the Internal Revenue Service. If travel is by other than
motor vehicle, reimbursement shall be for vouchered travel
expenses.
(13) For conveying defendants for fingerprinting, [$17]
$25 per defendant, plus [$13] $25 per hour beyond the first
hour per defendant per hour, not to exceed [$26] $50 per hour
per constable, plus mileage.
(14) For holding one or more defendants at the office of
a magisterial district judge, [$13] $25 per hour per
defendant beyond the first half hour.
(15) For courtroom security as ordered, [$13] $25 per
hour, assessed against one or more parties as determined by
the court.
(16) In all criminal cases wherein the defendant is
discharged or indigent or the case is otherwise dismissed,
the court shall assess to the county the fee provided in this
section, except that, in cases of private criminal complaints
where the defendant is discharged prior to the indictment or
the filing of any information or the case is otherwise
dismissed at the summary offense hearing, the court shall
assess the fee to the affiant.
* * *
Section 2. This act shall take effect in 60 days.
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