act-1990-0-181•Pennsylvania Act 1990-181 — JUDICIAL CODE (42 PA.C.S.) - AMEND COLLECTION OF MONEY
Pennsylvania Act 1990-181 — JUDICIAL CODE (42 PA.C.S.) - AMEND COLLECTION OF MONEY
act-1990-0-1811990 Pa. Act 181Law
Act text
JUDICIAL CODE (42 PA.C.S.) - AMEND COLLECTION OF MONEY
Act of Dec. 17, 1990, P.L. 726, No. 181 Cl. 42
Session of 1990
No. 1990-181
AN ACT
HB 1038
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for collection
of money in criminal actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 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 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, 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, regardless of whether the amount has been
ordered to be paid in installments.
(c) Period of time.--Notwithstanding 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.
(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 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;
(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 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 17th day of December, A. D. 1990.
ROBERT P. CASEY
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