3571 - Commonwealth portion of fines, etc. - Pennsylvania Statutes

SUBCHAPTER E FINES, ETC. Sec. 3571. Commonwealth portion of fines, etc. 3572. County portion of fines, etc. 3573. Municipal corporation portion of fines, etc. 3574. Fines in the nature of private compensation. 3575. Criminal Justice Enhancement Account. Enactment. Subchapter E was added April 28, 1978, P.L.202, No.53, effective in 60 days. Cross References. Subchapter E is referred to in section 3542 of this title; sections 6322, 6323, 6506 of Title 75 (Vehicles). § 3571. Commonwealth portion of fines, etc. (a) General rule.--Except as otherwise provided by statute, the Commonwealth shall be entitled to receive all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited, fees and costs which by law have heretofore been paid or credited to, or which by statute are payable or creditable to, the Commonwealth. Fees and charges in an appellate court fixed pursuant to section 1725 (relating to establishment of fees and charges) shall be paid into the State Treasury. Unless otherwise expressly provided by the General Appropriation Act, such fees and charges shall be credited to the appropriation of the appellate court in which they were received. (b) Vehicle offenses.-- (1) All fines, forfeited recognizances and other forfeitures imposed, lost or forfeited in connection with matters arising under Chapter 77 of Title 75 (relating to snowmobiles) shall unless otherwise provided in Chapter 77 of Title 75 be payable to the Commonwealth. (2) Except as provided in paragraph (4), when prosecution under any other provision of Title 75 (relating to vehicles) is the result of State Police action, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund. One-half of the revenue shall be paid to municipalities in the same ratio provided in section 4 of the act of June 1, 1956 (P.L.1944, No.655), relating to partial allocation of liquid fuels and fuel use tax proceeds. (3) Except as provided in section 3573 (relating to municipal corporation portion of fines, etc.), when prosecution under any other provision of Title 75 is the result of local police action, one-half of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund. (4) When prosecution under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) is the result of State Police action, 50% of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund, and 50% shall be payable to the county which shall be further divided as follows: (i) Fifty percent of the moneys received shall be allocated to the appropriate county authority which implements the county drug and alcohol program to be used solely for the purposes of aiding programs promoting drug abuse and alcoholism prevention, education, treatment and research. (ii) Fifty percent of the moneys received shall be used for expenditures incurred for county jails, prisons, workhouses and detention centers. (c) Costs in magisterial district judge proceedings.-- (1) Costs collected by a magisterial district judge shall be transmitted monthly to the Commonwealth in amounts as prescribed in subsection (b) and the balance shall be transmitted monthly to the county in which the magisterial district is located. Costs transmitted to the Commonwealth shall be credited to the General Fund. Costs transmitted to the county shall be retained by the county for its use. (2) Amounts payable to the Commonwealth: (i) Summary conviction, except motor vehicle cases...................................... $10.00 (ii) Summary conviction, motor vehicle cases other than subparagraph (iii).............. $10.00 (iii) Summary conviction, motor vehicle cases, hearing demanded........................... $10.00 (iv) Misdemeanor...................... $13.00 (v) Felony............................ $20.00 (vi) Assumpsit or trespass involving: (A) $500 or less.................. $12.50 (B) More than $500 but not more than $2,000............................ $20.00 (C) More than $2,000 but not more than $4,000............................ $30.00 (D) More than $4,000 but not more than $8,000............................ $50.00 (vii) Landlord-tenant proceeding involving: (A) $2,000 or less................ $20.00 (B) More than $2,000 but not more than $4,000............................ $25.00 (C) More than $4,000 but not more than $8,000............................ $35.00 (viii) Objection to levy.............. $ 5.00 (ix) Order of execution............... $15.00 (x) Issuing a search warrant (except as provided in section 1725.1(d) (relating to costs))................................. $ 7.00 (xi) Order of possession.............. $15.00 (3) In all cases where costs are borne by the county pursuant to section 1725.2 (relating to assumption of summary conviction costs by county), no share of such costs shall be payable to the Commonwealth. (4) Except as provided in paragraph (5), beginning on January 1, 1994, and each January 1 thereafter, the costs under paragraph (2) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for the immediate preceding calendar year which shall be published in the Pennsylvania Bulletin annually by the Supreme Court on or before the preceding November 30. This paragraph shall expire January 1, 2010. (5) For the cost increase to be effective for calendar year 2002 only, the costs under paragraph (2) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for calendar year 2000 which shall be published by the Supreme Court in the Pennsylvania Bulletin as soon as possible after enactment. The increase for calendar year 2002 only shall be effective one month after publication in the Pennsylvania Bulletin. (d) Victims compensation fund.--Where any person pleads guilty or nolo contendere to or is convicted of any crime as defined in section 477 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," $10 at least of the cost imposed except costs borne by a political subdivision shall be paid into the General Fund. (e) Other offenses.--Fines, forfeited recognizances and other forfeitures imposed, lost or forfeited under the following provisions of law shall be payable to the Commonwealth: 18 Pa.C.S. § 7361 (relating to worldly employment or business). Act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, when the proceeding is instituted by an agent or employee of the Department of Agriculture. Act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act. (July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; July 2, 1993, P.L.395, No.56, eff. 60 days; Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 17, 2001, P.L.944, No.113, eff. imd.; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (c) hdg. and (1). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law. 2003 Amendment. Act 24 amended subsec. (b)(4). 2001 Amendment. Act 113 reenacted and amended subsec. (c), retroactive to January 1, 2001. 1994 Amendment. Act 154 amended subsecs. (a), (b) and (e). 1992 Amendment. See sections 5 and 6 of Act 167 in the appendix to this title for special provisions relating to increases in court costs and revision of official revenue estimate. 1984 Partial Repeal. Section 13 of Act 96 of 1984 provided that section 3571(d) is repealed insofar as it imposes costs in addition to the costs provided for in section 477.15 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. References in Text. Section 477 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in subsec. (d), was repealed by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. The subject matter is now contained in Act 111. The act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, referred to in subsec. (e), was repealed by the act of December 18, 1996 (P.L.1028, No.155). The subject matter is now contained in Chapter 41 of Title 3 (Agriculture). Cross References. Section 3571 is referred to in section 3717 of Title 22 (Detectives and Private Police); section 925 of Title 34 (Game); sections 3116, 3733, 3807, 4903, 6506 of Title 75 (Vehicles).