2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 163 - JUDICIAL CODE (42 PA.C.S.) - PAYMENT OF COURT COSTS, RESTITUTION AND FINES AND COLLECTION OF COURT COSTS, RESTITUTION AND FINES BY PRIVATE COLLECTION AGENCY

Session of 2022

No. 2022-163

SB 1208

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for payment of court costs, restitution and fines and for collection of court costs, restitution and fines by private collection agency.

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

Section 1.  Section 9730(a) and (b)(3) and (4) of Title 42 of the Pennsylvania Consolidated Statutes are amended and subsection (b) is amended by adding paragraphs to read:

§ 9730.  Payment of court costs, restitution and fines.

(a)  Method of payment.--The treasurer of each county [may] shall allow the use of credit cards, debit cards and bank cards in the payment of court costs, restitution and fines and may provide for automatic periodic deductions from a bank account, subject to the agreement of the owner of the account.

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(b)  Procedures regarding default.--

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(2.1)  (i)  If the issuing authority, senior judge or senior magisterial district judge schedules a financial determination hearing for the defendant and provides notice to the defendant of the hearing, but the defendant fails to appear at the financial determination hearing, the issuing authority, senior judge or senior magisterial district judge may turn the delinquent account over to a private collection agency or the county's collection enforcement unit as set forth under section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties), as provided by law.

(ii)  In each communication with the defendant, the private collection agency or the county's collection enforcement unit shall notify the defendant of the defendant's right to request a new financial determination hearing under paragraph (2.2).

(2.2)  (i)  If the defendant has a delinquent account turned over to a private collection agency or the county's collection enforcement unit under paragraph (2.1), the defendant may request a new financial determination hearing on the defendant's financial ability to pay the court costs, restitution or fines.

(ii)  Upon receipt of the request for a new financial determination hearing under this paragraph, the issuing authority, senior judge or senior magisterial district judge shall schedule and conduct the hearing in accordance with this subsection.

(iii)  Upon notice that the defendant has requested a new financial determination hearing under this paragraph, the private collection agency or the county's collection enforcement unit shall cease all collections activities pending the conclusion of the financial determination hearing.

(iv)  If the defendant fails to appear at the financial determination hearing under this paragraph, the private collection agency or county's collection enforcement unit may resume collection activities.

(v)  If the defendant requests a new financial determination hearing after failing to appear at a hearing previously requested under this paragraph, the private collection agency or county collection enforcement unit's collection activities may continue unless stayed by court order.

(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 [fine] fines immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may 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.

(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. 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, 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 paragraph.

(4)  A decision of the issuing authority, senior judge or senior magisterial district judge under paragraph (2), (2.1) or (3) is subject to section 5105 (relating to right to appellate review).

Section 2.  Section 9730.1(a) and (e) of Title 42 are amended and the section is amended by adding a subsection to read:

§ 9730.1.  Collection of court costs, restitution and fines by private collection agency.

(a)  Generally.--In accordance with section [9730(b)(1) and (2)] 9730(b) (relating to payment of court costs, restitution and fines), an issuing authority may refer the collection of costs, fines and restitution of a defendant to a private collection agency whether or not the defendant's maximum sentence or probationary term has expired with or without holding a hearing pursuant to this section. Such collection agency shall adhere to accepted practices in accordance with applicable Federal and State law to collect such costs, fines and restitution.

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(c.1)  Credit reporting.--A private collection agency may not share information with a consumer reporting agency regarding a defendant's failure to pay costs, fines and restitution unless a financial determination hearing has been conducted in accordance with section 9730(b) and the issuing authority, senior judge or senior magisterial district judge has determined that the defendant is financially able to pay the costs, fines and restitution.

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(e)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Amount owing."  The total amount owed by a defendant on fines, costs or restitution in accordance with the order of court sentencing the defendant and this section.

"Consumer reporting agency."  As defined in section 603(f) of the Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. § 1681a(f)).

"Private collection agency."  A person, company, partnership or other entity that uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another under the applicable laws of the United States and of this Commonwealth.

Section 3.  This act shall take effect in 120 days.

APPROVED--The 3rd day of November, A.D. 2022.

TOM WOLF