Pennsylvania Act 1995-13 (session 1) — JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
        Act of May 12, 1995, Special Session 1, P.L. 1006, No. 13     Cl. 42
                      Special Session No. 1 of 1995
                               No. 1995-13

     HB 19

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        disposition of a delinquent child, for effect of adjudication
        and for collection of restitution, reparation, fees, costs,
        fines and penalties.

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

        Section 1.  Sections 6352(a)(5), 6354 and 9728 of Title 42 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 6352.  Disposition of delinquent child.
        (a)  General rule.--If the child is found to be a delinquent
     child, the court may make any of the following orders of
     disposition best suited to his treatment, supervision,
     rehabilitation, and welfare:
            * * *
            (5)  Ordering payment by the child of reasonable amounts
        of money as fines, costs or restitution as deemed appropriate
        as part of the plan of rehabilitation considering the nature
        of the acts committed and the earning capacity of the child.
        For an order made under this subsection, the court shall
        retain jurisdiction until there has been full compliance with
        the order or until the delinquent child attains 21 years of
        age. Any restitution order which remains unpaid at the time
        the child attains 21 years of age shall continue to be
        collectible under section 9728 (relating to collection of
        restitution, reparation, fees, costs, fines and penalties).
            * * *
      § 6354.  Effect of adjudication.
        (a)  General rule.--An order of disposition or other
     adjudication in a proceeding under this chapter is not a
     conviction of crime and does not impose any civil disability
     ordinarily resulting from a conviction or operate to disqualify
     the child in any civil service application or appointment.
        (b)  Effect in subsequent judicial matters.--The disposition
     of a child under this chapter may [not] only be used against him
     [in any proceeding in any court other than at a subsequent
     juvenile hearing, whether before or after reaching majority,
     except]:
            (1)  in dispositional proceedings after conviction [of a
        felony] for the purposes of a presentence investigation and
        report if the child was adjudicated delinquent; [or]
            (2)  in a subsequent juvenile hearing, whether before or
        after reaching majority;
            [(2)] (3)  if relevant, where he has put his reputation
        or character in issue in a civil matter[.]; or
            (4)  in a criminal proceeding, if the child was
        adjudicated delinquent for an offense, the evidence of which
        would be admissible if committed by an adult.
      § 9728.  Collection of restitution, reparation, fees, costs,
                fines and penalties.
        (a)  General rule.--All restitution, reparation, fees, costs,
     fines and penalties shall be collectible in any manner provided
     by law. However, such restitution, reparation, fees, costs,
     fines and penalties are part of a criminal action or proceeding
     and shall not be deemed debts. A sentence [or], pretrial
     disposition order or order entered under section 6352 (relating
     to disposition of delinquent child) for restitution, reparation,
     fees, costs, fines or penalties shall, together with interest
     and any additional costs that may accrue, be a judgment in favor
     of the probation department upon the person or the property of
     the person sentenced or subject to the [pretrial disposition]
     order.
        (b)  Procedure.--The county probation department or other
     appropriate governmental agency shall, upon sentencing [or],
     pretrial disposition or other order, transmit to the
     prothonotary of the respective county certified copies of all
     judgments for restitution, reparation, fees, costs, fines and
     penalties, and it shall be the duty of each prothonotary to
     enter and docket the same of record in his office and to index
     the same as judgments are indexed, without requiring the payment
     of costs as a condition precedent to the entry thereof. The
     total amount for which the person is liable pursuant to this
     section may be entered as a judgment upon the person or the
     property of the person sentenced or ordered, regardless of
     whether the amount has been ordered to be paid in installments.
        (c)  Period of time.--Notwithstanding section 6353 (relating
     to limitation on and change in place of commitment) or 18
     Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to
     person or property), the period of time during which such
     judgments shall have full effect may exceed the maximum term of
     imprisonment to which the offender could have been sentenced for
     the crimes of which he was convicted or the maximum term of
     confinement to which the offender was committed.
        (d)  Priority.--Notwithstanding any other statutory
     provisions in this or any other title, any lien obtained under
     this section shall maintain its priority indefinitely and no
     writ of revival need be filed.
        (e)  Preservation of assets subject to restitution.--Upon
     application of the Commonwealth, the court may enter a
     restraining order or injunction, require the execution of a
     satisfactory performance bond or take any other action to
     preserve the availability of property which may be necessary to
     satisfy an anticipated restitution order under this section:
            (1)  upon the filing of a criminal complaint, information
        or indictment charging a criminal violation or a petition
        alleging delinquency for which restitution may be ordered and
        alleging that the property with respect to which the order is
        sought appears to be necessary to satisfy such restitution
        order and judgment; and
            (2)  if, after notice to persons appearing to have an
        interest in the property and an opportunity for a hearing,
        the court determines that:
                (i)  there is a substantial probability that:
                    (A)  the Commonwealth will prevail on the
                underlying criminal charges or allegation of
                delinquency;
                    (B)  restitution will be ordered exceeding
                $10,000 in value;
                    (C)  the property appears to be necessary to
                satisfy such restitution order; and
                    (D)  failure to enter the order will result in
                the property being destroyed, removed from the
                jurisdiction of the court or otherwise made
                unavailable for payment of the anticipated
                restitution order; and
                (ii)  the need to preserve the availability of the
            property through the entry of the requested order
            outweighs the hardship on any party against whom the
            order is to be entered.
        (f)  Temporary restraining order.--A temporary restraining
     order under subsection (e) may be entered upon application of
     the Commonwealth without notice or opportunity for a hearing,
     whether or not a complaint, information [or], indictment or
     petition alleging delinquency has been filed with respect to the
     property, if the Commonwealth demonstrates that there is
     probable cause to believe that the property with respect to
     which the order is sought appears to be necessary to satisfy an
     anticipated restitution order under this section and that
     provision of notice will jeopardize the availability of the
     property to satisfy such restitution order and judgment. Such a
     temporary order shall expire not more than ten days after the
     date on which it is entered, unless extended for good cause
     shown or unless the party against whom it is entered consents to
     an extension for a longer period. A hearing requested concerning
     an order entered under this subsection shall be held at the
     earliest possible time and prior to the expiration of the
     temporary order.
        (g)  Costs, etc.--Any sheriff's costs, filing fees and costs
     of the county probation department or other appropriate
     governmental agency shall be borne by the defendant and shall be
     collected by the county probation department or other
     appropriate governmental agency along with the total amount of
     the judgment and remitted to the appropriate agencies at the
     time of or prior to satisfaction of judgment.
        (h)  Effect on contempt proceedings.--This section shall not
     affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 12th day of May, A. D. 1995.

     THOMAS J. RIDGE