Pennsylvania SB 334: An Act amending Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for payment of court costs, restitution and fines, for fine and for failure to pay fine; in licensing of drivers, further providing for suspension of operating privilege for failure to respond to citation; and, in penalties and disposition of fines, further providing for inability to pay fine and costs.

Bill Text

PRINTER'S NO. 270
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 334
Session of
2025
INTRODUCED BY STREET, SAVAL, TARTAGLIONE, KEARNEY, HUGHES,
HAYWOOD AND KANE, FEBRUARY 26, 2025
REFERRED TO JUDICIARY, FEBRUARY 26, 2025
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
sentencing, further providing for payment of court costs,
restitution and fines, for fine and for failure to pay fine;
in licensing of drivers, further providing for suspension of
operating privilege for failure to respond to citation; and,
in penalties and disposition of fines, further providing for
inability to pay fine and costs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9730(b)(1), (2) and (3) of Title 42 of
the Pennsylvania Consolidated Statutes are amended and the
subsection is amended by adding a paragraph to read:
§ 9730. Payment of court costs, restitution and fines.
* * *
(b) Procedures regarding default.--
(1) If a defendant defaults in the payment of court
costs, restitution or fines after imposition of sentence, the
issuing authority or a senior judge or senior magisterial
district judge appointed by the president judge for the
purposes of this section [may] shall conduct a hearing to
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determine whether the defendant is financially able to pay.
(2) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
financially able to pay the costs, restitution or fine, the
issuing authority, senior judge or senior magisterial
district judge may enter an order for wage attachment[,] or
turn the delinquent account over to a private collection
agency [or impose imprisonment for nonpayment], as provided
by law.
* * *
(3) (i) If the issuing authority, senior judge or
senior magisterial district judge determines that the
defendant is without the financial means to pay the
costs, restitution or fines immediately or in a single
remittance[,] without causing manifest hardship to the
defendant as defined in paragraph (5), the issuing
authority, senior judge or senior magisterial district
judge [may] shall provide for payment in installments or,
in the case of costs or fines, reduce or waive the costs
or fines, except costs imposed under section 1101 of the
act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act. In determining the appropriate
installments, reduction or waiver, the issuing authority,
senior judge or senior magisterial district judge shall
[consider the defendant's financial resources, the
defendant's ability to make restitution and reparations
and the nature of the burden the payment will impose on
the defendant.] assign an installment payment for the
costs, restitution or fines that complies with the
requirements under section 9758(b) (relating to fine).
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(ii) If the defendant is in default of a payment or
advises the issuing authority, senior judge or senior
magisterial district judge that default is imminent, the
issuing authority, senior judge or senior magisterial
district judge may schedule a rehearing on the payment
schedule. At the rehearing the defendant has the burden
of proving [changes of financial condition such that the
defendant is without the means to meet the payment
schedule.] that the payments are causing the defendant
manifest hardship. The issuing authority, senior judge or
senior magisterial district judge [may extend or
accelerate the schedule, leave it unaltered, reduce or
waive the costs or fines, except costs imposed under
section 1101 of the Crime Victims Act,] shall extend the
installment payment time limitation or sentence the
defendant to a period of community service as the issuing
authority, senior judge or senior magisterial district
judge finds to be just and practicable under the
circumstances.
(iii) If the issuing authority, senior judge or
senior magisterial district judge determines that the
defendant is without the financial means to pay the
costs, restitution or fines under this paragraph, the
issuing authority, senior judge or senior magisterial
district judge shall waive an existing collection fee
under section 9730.1(b) (relating to collection of court
costs, restitution and fines by private collection
agency) that was not previously collected from the
defendant who is determined to be without the financial
means to pay the costs, restitution or fines under this
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paragraph.
* * *
(5) A defendant shall be considered to experience
manifest hardship if any of the following apply:
(i) The defendant is involuntarily unemployed and
has assets less than 200% of the Federal poverty level.
(ii) The defendant's household income and a