Pennsylvania Act 2006-59 — JUDICIAL CODE (42 PA.C.S.) - CONSTABLES' FEES

Act text

JUDICIAL CODE (42 PA.C.S.) - CONSTABLES' FEES
                  Act of Jun. 29, 2006, P.L. 277, No. 59              Cl. 42
                             Session of 2006
                               No. 2006-59

     SB 303

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        fees for constables.

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

        Section 1.  Section 2950 of Title 42 of the Pennsylvania
     Consolidated Statutes, amended November 30, 2004 (P.L.1618,
     No.207), is amended to read:
      § 2950.  Fees.
        (a)  Travel or mileage.--Actual mileage for travel by motor
     vehicle shall be reimbursed at a rate equal to the highest rate
     allowed by the Internal Revenue Service. If travel is by other
     than motor vehicle, reimbursement shall be for actual[,]
     vouchered travel expenses.
        (b)  Apportionment.--If more than one defendant is
     transported simultaneously, reimbursements shall be for actual
     miles traveled, and the travel cost shall be divided between or
     among the defendants.
        (c)  Additional persons.--A constable or deputy constable
     when he is transporting a prisoner, serving a felony or
     misdemeanor warrant [other than for a summary offense] or
     serving a warrant on a juvenile or a defendant of the opposite
     sex may, at his discretion, be accompanied by a second constable
     or deputy constable who is certified under section 2947
     (relating to automatic certification) to perform judicial
     duties. In such cases, each officer shall receive the fee set
     out in this section. In all other civil, landlord-tenant and
     summary criminal cases, the issuing authority may authorize
     payment to a second officer.
        (d)  Civil and landlord-tenant cases.--In civil and landlord-
     tenant cases, constable fees must be paid in advance to the
     court for services desired to be performed. These fees shall not
     be refundable to the plaintiff if a case is settled or a debt is
     satisfied less than 48 hours prior to a scheduled sale or
     ejectment, in which latter case the constable or deputy
     constable shall be paid for holding the sale or carrying out an
     ejectment, respectively.
        (e)  Payment.--[Fees] All civil, landlord-tenant and criminal
     fees shall be paid by the court to the constable as soon as
     possible and in no case not more than 15 days in civil and
     landlord-tenant cases and 30 days in criminal cases after the
     service is performed and a proper request for payment is
     submitted, provided that, in criminal cases where the books and
     accounts of the relevant county offices are payable on a monthly
     basis, payment shall be made not more than 15 days after the
     close of the month.
        [(f)  Specific fees.--Fees in civil cases shall be as
     follows:
            (1)  For serving complaint, summons or notice on suitor
        or tenant, either personally or by leaving a copy, $10 plus
        $5 for each additional defendant at the same address.
            (2)  For levying goods, including schedule of property
        levied upon and set aside, $35.
            (3)  For advertising personal property to public sale, $5
        per posting (maximum of $15) plus actual cost of advertising.
            (4)  For selling goods levied, $35.
            (5)  For clerk at sale, $20.
            (6)  For making return of not found, $10.
            (7)  For executing order of possession, $10.
            (8)  For ejectment, $70.
            (9)  For making return of service, other than not found,
        $2.50.
            (10)  For providing courtroom security as ordered, $10
        per hour, prorated to the nearest whole dollar, assessed
        against one or more parties as determined by the court.]
        (f)  Civil and landlord-tenant cases.--Fees in civil and
     landlord-tenant cases shall be as follows:
            (1)  For serving complaint, summons or notice on suitor
        or tenant, either personally or by leaving a copy, $13, plus
        $5 for each additional defendant at the same address, $2.50
        for each return of service, plus mileage.
            (2)  For levying goods, including schedule of property
        levied upon and set aside, notice of levy and return of
        service, $75, plus mileage.
            (3)  For advertising personal property for public sale,
        $7 per posting (maximum of $21), plus mileage, plus actual
        cost of advertising.
            (4)  For selling goods levied, clerk, receipts and
        returns to court, $85, plus mileage.
            (5)  For making return of not found, $13, plus mileage.
        Payment shall be limited to three returns of not found.
            (6)  For executing order of possession, $13, plus $5 for
        each additional defendant at the same address, $2.50 for each
        return of service, plus mileage.
            (7)  For ejectment, $90, $2.50 for each return of
        service, plus mileage.
            (8)  For making any return of service other than not
        found, $2.50 each.
            (9)  For providing courtroom security as ordered, $13 per
        hour, assessed against one or more parties as determined by
        the court.
            (10)  Actual mileage for travel by motor vehicle shall be
        reimbursed at the rate equal to the highest rate allowed by
        the Internal Revenue Service. If travel is by other than
        motor vehicle, reimbursement shall be for actual vouchered
        travel expenses.
        (g)  Criminal cases.--Fees in criminal cases shall be as
     follows:
            (1)  For executing [a] each warrant of arrest, or for
        effectuating the payment of fines and costs by attempting to
        execute [a warrant, $15 per warrant] each warrant of arrest,
        $25 for each docket number and $2.50 for each return of
        service, plus mileage.
            (2)  For taking custody of a defendant, $5 per defendant.
            (3)  For conveyance of defendant to or from court, $5 per
        defendant.
            (4)  For attendance at arraignment or hearing, [$5 per
        defendant] $13.
            (5)  For executing discharge, $5 per defendant.
            (6)  For executing commitment, $5 per defendant.
            (7)  For executing release, $5 per defendant.
            (8)  For making returns to the court, $2.50.
            [(9)  For holding one or more defendants at the office of
        a magisterial district judge, $10 per hour beyond the first
        half hour.
            (10)  For conveying defendants for fingerprinting, $5 per
        defendant.
            (11)  For fingerprinting or overseeing the fingerprinting
        of defendants at the direction of the magisterial district
        judge, $10 per defendant, plus $10 per hour beyond the first
        half hour.
            (12)  For providing courtroom security as ordered, $10
        per hour, prorated to the nearest whole dollar, assessed
        against one or more parties as determined by the court.
            (13)  For serving subpoenas, $10 for the first witness at
        each address, plus $2.50 for each additional witness at the
        same address. The same fee shall be payable for attempting to
        service a subpoena at a wrong address supplied by the party
        requesting the service.
        (h)  Similar fees.--For civil and criminal services not
     specifically provided for, the court shall pay the same fees as
     it pays for services that it determines to be similar to those
     performed.
        (i)  Assessment by court.--In all criminal cases wherein the
     defendant is discharged or indigent, or the case is otherwise
     dismissed, the court shall assess to the county the fee provided
     in this section, except that, in cases of private criminal
     complaints wherein the defendant is discharged prior to the
     indictment or the filing of any information or the case is
     otherwise dismissed at the summary offense hearing, the court
     shall assess the fee to the affiant.]
            (9)  Transporting each nonincarcerated defendant to jail,
        $17, plus mileage; transporting an incarcerated prisoner, $38
        per prisoner, plus an hourly rate of $13 per hour, plus
        mileage. Computation of hourly rate will apply after the
        expiration of the first hour per prisoner per hour, not to
        exceed $26 per hour per constable.
            (10)  Receipt of the fees for transporting a
        nonincarcerated defendant under paragraph (9) shall not
        exclude receipt of the fees under paragraphs (6) and (8) for
        that transport.
            (11)  Receipt of the fees for transporting an
        incarcerated prisoner under paragraph (9) shall exclude
        receipt of the fees under paragraphs (2), (3), (4) and (7)
        for that transport.
            (12)  Actual mileage for travel by motor vehicle shall be
        reimbursed at the rate equal to the highest rate allowed by
        the Internal Revenue Service. If travel is by other than
        motor vehicle, reimbursement shall be for actual vouchered
        travel expenses.
            (13)  For conveying defendants for fingerprinting, $17
        per defendant, plus $13 per hour beyond the first hour per
        defendant per hour, not to exceed $26 per hour per constable,
        plus mileage.
            (14)  For holding one or more defendants at the office of
        a magisterial district judge, $13 per hour per defendant
        beyond the first half hour.
            (15)  For courtroom security as ordered, $13 per hour,
        assessed against one or more parties as determined by the
        court.
            (16)  In all criminal cases wherein the defendant is
        discharged or indigent or the case is otherwise dismissed,
        the court shall assess to the county the fee provided in this
        section, except that in cases of private criminal complaints
        wherein the defendant is discharged prior to the indictment
        or the filing of any information or the case is otherwise
        dismissed at the summary offense hearing, the court shall
        assess the fee to the affiant.
        (h)  Subpoenas.--For serving district court-issued subpoenas
     for civil, landlord-tenant or criminal matters, $13 for first
     witness, plus $5 for each additional witness at the same
     address, $2.50 return of service for each subpoena, plus
     mileage. The same fee shall be payable for attempting to serve a
     subpoena at a wrong address supplied by the party requesting the
     service.
        (i)  Similar fees.--For civil, landlord-tenant and criminal
     services not specifically provided for, the court shall pay the
     same fees as it pays for services that it determines to be
     similar to those performed.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 29th day of June, A. D. 2006.

     EDWARD G. RENDELL