Pennsylvania Act 1990-59 — JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND
                  Act of Jun. 29, 1990, P.L. 257, No. 59              Cl. 42
                             Session of 1990
                               No. 1990-59

                                  AN ACT

     HB 247

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        deposits into the Judicial Computer System Augmentation
        Account; imposing additional fees; and making refunds.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3733(a) of Title 42 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a subsection to read:
      § 3733.  Deposits into account.
        (a)  General rule.--Beginning July 1, 1987, and thereafter,
     the total of all fines, fees and costs collected by any division
     of the unified judicial system which are in excess of the amount
     collected from such sources in the fiscal year 1986-1987 shall
     be deposited in the Judicial Computer System Augmentation
     Account. Any fines, fees or costs which are allocated by law or
     otherwise directed to the Pennsylvania Fish Commission, to the
     Pennsylvania Game Commission or to counties and municipalities,
     to the Crime Victim's Compensation Board, to the Commission on
     Crime and Delinquency for victim-witness services grants under
     section 477.15(c) of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929, to rape crisis
     centers, to the Emergency Medical Services Operating Fund or to
     domestic violence shelters shall not be affected by this
     subchapter.
        (a.1)  Additional fees.--In addition to the court costs and
     filing fees authorized to be collected by statute, an additional
     fee of $5 shall be charged and collected by the prothonotaries
     of the Pennsylvania Supreme, Superior and Commonwealth Courts
     for each initial filing for which a fee, charge or cost is now
     authorized. An additional fee of $5 shall be charged and
     collected by the prothonotaries, clerks of orphans' courts and
     registers of wills of all courts of common pleas, or by any
     officials designated to perform the functions thereof, for the
     initiation of any civil action or legal proceeding. An
     additional fee of $5 shall be charged by the clerks of courts of
     all courts of common pleas, or by any officials designated to
     perform the functions thereof, for the initiation of any
     criminal proceeding for which a fee, charge or cost is now
     authorized and a conviction is obtained or guilty plea is
     entered, except in misdemeanor cases in which case a fee of
     $1.50 will be charged. An additional fee of $1.50 shall be
     charged and collected by the minor judiciary, including district
     justices, Philadelphia Municipal Court, Philadelphia Traffic
     Court and Pittsburgh Magistrates Court, for the initiation of a
     legal proceeding for which a fee or cost is now authorized,
     except that in criminal, summary and traffic matters the fee
     shall be charged only when a conviction is obtained or guilty
     plea is entered. The additional fees shall be deposited into the
     Judicial Computer System Augmentation Account.
        * * *
        Section 2.  Any fines, fees or costs collected under section
     3(a) of the act of July 13, 1987 (P.L.340, No.64), entitled "An
     act providing for the establishment, funding and operation of a
     special restricted receipt account within the General Fund to
     support the establishment and operation of a Statewide judicial
     computer system; providing for annual appropriations from the
     restricted funds; and providing for the payment of a portion of
     all fines, fees and costs collected by the judiciary into the
     restricted receipt account," or under 42 Pa.C.S. § 3733
     (relating to deposits into account) which cannot be collected
     under 42 Pa.C.S. § 3733 because of this amendatory act shall be
     refunded to the affected boards, agencies, commissions or
     political subdivisions.
        Section 3.  Section 1 (section 3733(a)) shall be retroactive
     to July 1, 1987.
        Section 4.  This act shall expire when the sum of $80,000,000
     has been deposited into the Judicial Computer System
     Augmentation Account.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 29th day of June, A. D. 1990.

     ROBERT P. CASEY