Pennsylvania HB 331: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in budget and finance, further providing for expenses; in facilities and supplies, further providing for deposits into account; and, in access to justice, providing for performance audit of account.

Bill Text

SENATE AMENDED
PRIOR PRINTER'S NOS. 286, 2718, 2848 PRINTER'S NO. 2859
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 331
Session of
2025
INTRODUCED BY BRIGGS, SCHLOSSBERG, HANBIDGE, GIRAL, CEPEDA-
FREYTIZ, FREEMAN, DOUGHERTY, SANCHEZ, PIELLI, HILL-EVANS,
HOWARD, DONAHUE, KHAN, NEILSON, WARREN, CIRESI, FLEMING,
OTTEN, CERRATO, WAXMAN, GREEN, K. HARRIS AND SOLOMON,
JANUARY 27, 2025
SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, FEBRUARY 3, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in budget and finance,
further providing for expenses; and, in facilities and
supplies, further providing for deposits into account and for
surcharge.; AND, IN ACCESS TO JUSTICE, PROVIDING FOR
PERFORMANCE AUDIT OF ACCOUNT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3532 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3532. Expenses.
The Office of the Court Administrator of Pennsylvania shall
pay the annual registration fee of [$200] $400 to the Special
Court Judges of Pennsylvania Association for each magisterial
district judge, Philadelphia Municipal Court Judge and
Philadelphia Traffic Court Judge position authorized as of
January 31 of each year. Payment shall be made on the first day
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of a new fiscal year including July 1, 1988. In addition the
Office of the Court Administrator of Pennsylvania shall pay the
annual cost for the publishing of a monthly journal containing
the update and revision of laws and State Supreme Court rule
changes. Except for the funding of the publication of the
monthly journal which shall be a direct cost of the Office of
the Court Administrator of Pennsylvania, all other funding for
the other expenses set forth in this section shall come from the
annual appropriation made [to the] for magisterial district
judges education.
Section 2. Section 3733(a) of Title 42 is amended by adding
a paragraph to read:
§ 3733. Deposits into account.
(a) General rule.--
* * *
(3) Beginning July 1, 2025, and notwithstanding section
3571 (relating to Commonwealth portion of fines, etc) or this
section, any costs charged by magisterial district judges
under section 1725.1 (relating to costs) otherwise paid to
the Commonwealth shall be deposited into the restricted
account established in section 3731 (relating to
establishment of restricted receipt account). Nothing in this
paragraph shall be construed as affecting the amount payable
to counties under section 3572 (relating to county portion of
fines, etc). THIS PARAGRAPH SHALL EXPIRE JUNE 30, 2028.
* * *
Section 3. Section 3733.1(a) introductory paragraph and (b)
of Title 42 are amended to read:
§ 3733.1. Surcharge.
(a) Imposition of surcharge.--In addition to each fee
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imposed under section 3733(a.1) (relating to deposits into
account), [except as set forth in subsection (b),] the following
apply:
* * *
[(b) Exceptions.--Subsection (a) does not apply to a
conviction or guilty plea based on the filing of a traffic
citation charging an offense under 75 Pa.C.S. (relating to
vehicles) which is classified as summary under a State statute
or local ordinance as provided in the Pennsylvania Rules of
Criminal Procedure.]
* * *
SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 4908. PERFORMANCE AUDIT OF ACCOUNT.
(A) DUTY OF LEGISLATIVE BUDGET AND FINANCE COMMITTEE.--THE
LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL, NO LATER THAN
JUNE 15, 2026, CONDUCT AND SUBMIT TO THE GENERAL ASSEMBLY A
PERFORMANCE AUDIT OF THE ACCOUNT WITH THE PURPOSE OF EXAMINING
THE PROVISIONING OF CIVIL LEGAL AID SERVICES IN THIS
COMMONWEALTH. THE AUDIT SHALL, AT MINIMUM, CONTAIN INFORMATION
RELATING TO:
(1) THE CURRENT SCOPE OF CIVIL LEGAL AID SERVICES
PROVIDED IN THIS COMMONWEALTH FROM MONEY COLLECTED UNDER THIS
CHAPTER AND OTHER FUNDING SOURCES.
(2) THE ORGANIZATIONS WHICH RECEIVE MONEY COLLECTED
UNDER THIS CHAPTER AND THE SERVICES THE ORGANIZATIONS
PROVIDE.
(3) INFORMATION RELATING TO THE ASSESSMENT AND
COLLECTION OF ANY FEE OR SURCHARGE REQUIRED TO BE DEPOSITED
INTO THE ACCOUNT, INCLUDING:
(I) IDENTIFYING THE NUMBER OF CASES IN WHICH THE FEE
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OR SURCHARGE WAS REQUIRED BY LAW TO BE ASSESSED BUT WAS
NOT ASSESSED; AND
(II) THE RATE OF COLLECTION FOR FEES AND SURCHARGES
THAT HAVE BEEN ASSESSED.
(4) THE POTENTIAL INCREASE IN DEPOSITS INTO THE ACCOUNT
THAT WOULD RESULT FROM THE REPEAL OF SECTION 3733.1(B)
(RELATING TO SURCHARGE).
(5) AN IDENTIFICATION OF ALTERNATIVE FUNDING SOURCES FOR
CIVIL LEGAL AID SERVICES.
(B) CONSULTATION.--THE LEGISLATIVE BUDGET AND FINANCE
COMMITTEE SHALL COMPLETE THE PERFORMANCE AUDIT UNDER SUBSECTION
(A) IN