2012 Pennsylvania Consolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 17 - Governance of the System
Section 1725.3 - Criminal laboratory user fee

§ 1725.3.  Criminal laboratory user fee.

(a)  Imposition.--A person who is placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or who receives Accelerated Rehabilitative Disposition or who pleads guilty to or nolo contendere to or who is convicted of a crime as defined in 18 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked) or 3802 (relating to driving under influence of alcohol or controlled substance) or 3735 (relating to homicide by vehicle while driving under influence) or 3735.1 (relating to aggravated assault while driving under the influence) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) or a violation of The Controlled Substance, Drug, Device and Cosmetic Act shall, in addition to any fines, penalties or costs, in every case where laboratory services were required to prosecute the crime or violation, be sentenced to pay a criminal laboratory user fee which shall include, but not be limited to, the cost of sending a laboratory technician to court proceedings.

(b)  Amount of user fee.--

(1)  Where the prosecution is conducted in a county of the first class or a county of the second class and the county operates a county laboratory that has provided services in the prosecution, the director or similar officer of the county laboratory shall determine the actual cost of the laboratory services provided in the prosecution and transmit a statement for services rendered to the court. If a county of the first class or a county of the second class does not operate a county laboratory and laboratory services in the prosecution were provided by the Pennsylvania State Police, the fee shall be determined under paragraph (2).

(2)  Where the prosecution is conducted in a county other than a county of the first class or a county of the second class and a Pennsylvania State Police laboratory has provided services in the prosecution, the director or similar officer of the Pennsylvania State Police laboratory shall determine the actual cost of the laboratory services provided in the prosecution and transmit a statement for services rendered to the court.

(c)  Disposition of fees.--

(1)  In a county of the first class or a county of the second class that operates a county laboratory, the criminal laboratory user fee shall be paid to the county and shall be used solely for operation and maintenance of the county laboratory. If a county of the first class or a county of the second class does not operate a county laboratory, the criminal laboratory user fee shall be paid into the Criminal Laboratory User Fee Fund created under paragraph (2).

(2)  In a county other than a county of the first class or a county of the second class or where a county of the first class or a county of the second class does not operate a county laboratory, the criminal laboratory user fee shall be paid into a special nonlapsing fund of the State Treasury, which is hereby established and shall be known as the Criminal Laboratory User Fee Fund. Money in the Criminal Laboratory User Fee Fund is hereby appropriated to the Pennsylvania State Police and shall be used solely for operation and maintenance of Pennsylvania State Police criminal laboratories.

(d)  Other laws.--The criminal laboratory user fee shall be imposed notwithstanding any other provision of law to the contrary.

(Dec. 14, 1992, P.L.872, No.140; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

2003 Amendment.  Act 24 amended subsec. (a).

1992 Amendment.  Act 140 added section 1725.3, effective January 1, 1994, as to subsecs. (b)(2) and (c)(2) and immediately as to the remainder of the section. Section 6 of Act 140 provided that section 1725.3 shall apply to offenses committed on or after the effective date of Act 140.