Pennsylvania Act 1990-181 — JUDICIAL CODE (42 PA.C.S.) - AMEND COLLECTION OF MONEY

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