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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MANN, FRANKEL, HARRIS, HORNAMAN, KIRKLAND, KOTIK, MURPHY, MURT, SABATINA, SIPTROTH, VULAKOVICH AND YOUNGBLOOD, MAY 12, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in sentencing, further |
3 | providing for payment of court costs, restitution and fines. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 9730 of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a subsection to read: |
8 | § 9730. Payment of court costs, restitution and fines. |
9 | * * * |
10 | (a.1) Assignment.-- |
11 | (1) A defendant may agree to an assignment of income to |
12 | pay court costs, fines and restitution owed by the defendant. |
13 | Subject to such agreement, a court shall issue an order |
14 | assigning not more than 25% of the defendant's gross salary, |
15 | wages or other earnings to the court for payment of any fine, |
16 | court cost or restitution. Upon entry of an assignment under |
17 | this subsection, the court shall provide notice of the |
18 | assignment to the defendant's employer by certified mail. |
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1 | (2) An employer who receives notice of the assignment |
2 | shall withhold the amount specified in the notice from any |
3 | money the employer pays to the defendant beginning one week |
4 | after receipt of the notice of assignment. Within five days |
5 | after the day on which the employer pays money to the |
6 | defendant, the employer shall send the amount to be withheld |
7 | to the court providing notice. Payment shall be by check |
8 | payable to the court. |
9 | (3) The employer shall be entitled to deduct from the |
10 | moneys collected from each employee under this subsection the |
11 | costs incurred from the extra bookkeeping necessary to record |
12 | such transactions, not exceeding $5 of the amount of money so |
13 | collected. |
14 | (4) An employer subject to an order under this |
15 | subsection shall notify the court in writing within ten days |
16 | if the defendant is no longer employed by the employer or |
17 | subsequently terminates employment and shall provide the |
18 | court with the defendant's last known address, Social |
19 | Security number and name of new employer, if known. |
20 | (5) This subsection shall apply only to payment of |
21 | costs, fines and restitution ordered by the minor judiciary. |
22 | * * * |
23 | Section 2. This act shall take effect in 60 days. |
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