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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF AND LEACH, JULY 17, 2009 |
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| REFERRED TO JUDICIARY, JULY 17, 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, further providing for |
3 | deposits into account and for distribution of funds. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 3733(a.1) and 4906 of Title 42 of the |
7 | Pennsylvania Consolidated Statutes are amended to read: |
8 | § 3733. Deposits into account. |
9 | * * * |
10 | (a.1) Additional fees.-- |
11 | (1) [In] Except as provided under paragraph (2.1), in |
12 | addition to the court costs and filing fees authorized to be |
13 | collected by statute: |
14 | (i) An additional fee of $10 shall be charged and |
15 | collected by the prothonotaries of the Pennsylvania |
16 | Supreme, Superior and Commonwealth Courts for each |
17 | initial filing for which a fee, charge or cost is now |
18 | authorized. |
19 | (ii) An additional fee of $10 shall be charged and |
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1 | collected by the prothonotaries, clerks of orphans' |
2 | courts and registers of wills of all courts of common |
3 | pleas, or by any officials designated to perform the |
4 | functions thereof, for the initiation of any civil action |
5 | or legal proceeding. |
6 | (iii) An additional fee of $10 shall be charged by |
7 | the clerks of courts of all courts of common pleas, or by |
8 | any officials designated to perform the functions |
9 | thereof, for the initiation of any criminal proceeding |
10 | for which a fee, charge or cost is now authorized and a |
11 | conviction is obtained or guilty plea is entered. The |
12 | additional fee under this subparagraph shall also be |
13 | charged and collected when a defendant is granted entry |
14 | into an Accelerated Rehabilitative Disposition program or |
15 | any other pretrial diversionary program. |
16 | (iv) An additional fee of $10 shall be charged and |
17 | collected by the minor judiciary, including magisterial |
18 | district judges, Philadelphia Municipal Court, |
19 | Philadelphia Traffic Court and Pittsburgh [Magistrates] |
20 | Municipal Court, for the initiation of a legal proceeding |
21 | for which a fee or cost is now authorized, except that in |
22 | criminal, summary and traffic matters the fee shall be |
23 | charged only when a conviction is obtained or guilty plea |
24 | is entered. The additional fee under this subparagraph |
25 | shall also be charged and collected when a defendant is |
26 | granted entry into an Accelerated Rehabilitative |
27 | Disposition program or any other pretrial diversionary |
28 | program. |
29 | (v) An additional fee of $10 shall be charged and |
30 | collected by the recorders of deeds and clerks of court, |
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1 | or by any officials designated to perform similar |
2 | functions, for each filing of a deed, mortgage or |
3 | property transfer for which a fee, charge or cost is now |
4 | authorized. The Supreme Court shall designate by |
5 | financial regulations which filings meet the criteria of |
6 | this subparagraph. |
7 | (2) [The] Except as provided under paragraph (2.1), the |
8 | additional fees identified in paragraph (1) shall be fixed |
9 | and charged for the fiscal years as indicated: |
10 | (i) For the fiscal year 2002-2003, $9 of each |
11 | additional fee shall be deposited into the Judicial |
12 | Computer System Augmentation Account, and $1 of each |
13 | additional fee shall be deposited into the Access to |
14 | Justice Account under section 4904 (relating to |
15 | establishment of Access to Justice Account). |
16 | (ii) For the fiscal years 2003-2004 and 2004-2005, |
17 | $8.50 of each additional fee shall be deposited into the |
18 | Judicial Computer System Augmentation Account, and $1.50 |
19 | of each additional fee shall be deposited into the Access |
20 | to Justice Account under section 4904. |
21 | (iii) For the fiscal year 2005-2006 and each fiscal |
22 | year thereafter, $8 of each additional fee shall be |
23 | deposited into the Judicial Computer System Augmentation |
24 | Account, and $2 of each additional fee shall be deposited |
25 | into the Access to Justice Account under section 4904. |
26 | (2.1) (i) In addition to the fees imposed under this |
27 | subsection, a surcharge of $23 shall be charged and |
28 | collected for a period of 25 months beginning on the |
29 | effective date of this paragraph to supplement the $10 |
30 | additional fee provided under paragraph (1). |
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1 | (ii) The surcharge under subparagraph (i) may not be |
2 | imposed upon a conviction or guilty plea based upon the |
3 | filing of a traffic citation charging a Title 75 |
4 | (relating to vehicles) offense classified as summary |
5 | under a State statute or local ordinance as provided in |
6 | the Pennsylvania Rules of Criminal Procedure. |
7 | (iii) The surcharge under subparagraph (i) shall be |
8 | apportioned as follows: |
9 | (A) $20.35 shall be deposited into the Judicial |
10 | Computer System Augmentation Account. |
11 | (B) $2.65 shall be deposited into the Access to |
12 | Justice Account under section 4904. |
13 | (iv) The additional fee under paragraph (1) shall be |
14 | apportioned as follows: |
15 | (A) $8 shall be deposited into the Judicial |
16 | Computer System Augmentation Account. |
17 | (B) $2 shall be deposited into the Access to |
18 | Justice Account under section 4904. |
19 | (v) The amount under subparagraph (iii)(A) shall be |
20 | transferred by the Supreme Court to the Judicial |
21 | Department, except for operations of the Judicial |
22 | Computer System, as needed to fund the Judicial |
23 | Department due to insufficiencies in a general |
24 | appropriation act. |
25 | (vi) During the first 12 months of the period under |
26 | subparagraph (i), the Administrative Office of |
27 | Pennsylvania Courts shall evaluate whether the amount of |
28 | the surcharge is appropriate and shall recommend to the |
29 | General Assembly whether it should be decreased, |
30 | increased or remain unchanged. |
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1 | (3) The moneys charged and collected under this |
2 | subsection shall be paid to the court imposing the fee, which |
3 | shall transfer the moneys to the Department of Revenue for |
4 | deposit into the appropriate account. For the purposes of |
5 | paragraph (1)(v), the court shall be the court of common |
6 | pleas. |
7 | * * * |
8 | § 4906. Distribution of funds. |
9 | All moneys deposited in the account and any investment income |
10 | accrued are hereby [annually] appropriated to the Administrative |
11 | Office of the Pennsylvania Courts and shall be distributed |
12 | [annually], upon requisition of the Court Administrator of |
13 | Pennsylvania, to the Pennsylvania Interest on Lawyers Trust |
14 | Account Board to contract exclusively with eligible legal |
15 | services providers for the purpose set forth in section 4905(a) |
16 | (relating to purpose of account). Funds received by the |
17 | Pennsylvania Interest on Lawyers Trust Account Board pursuant to |
18 | this chapter shall be maintained in a separate account and shall |
19 | be accounted for separately from any other funds received by the |
20 | board. |
21 | Section 2. This act shall take effect in 60 days. |
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