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.

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
 1   Amending Titles 42 (Judiciary and Judicial Procedure) and 75
 2      (Vehicles) of the Pennsylvania Consolidated Statutes, in
 3      sentencing, further providing for payment of court costs,
 4      restitution and fines, for fine and for failure to pay fine;
 5      in licensing of drivers, further providing for suspension of
 6      operating privilege for failure to respond to citation; and,
 7      in penalties and disposition of fines, further providing for
 8      inability to pay fine and costs.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.     Section 9730(b)(1), (2) and (3) of Title 42 of
12   the Pennsylvania Consolidated Statutes are amended and the
13   subsection is amended by adding a paragraph to read:
14   § 9730.    Payment of court costs, restitution and fines.
15      * * *
16      (b)    Procedures regarding default.--
17             (1)   If a defendant defaults in the payment of court
18      costs, restitution or fines after imposition of sentence, the
19      issuing authority or a senior judge or senior magisterial
20      district judge appointed by the president judge for the
21      purposes of this section [may] shall conduct a hearing to
 1    determine whether the defendant is financially able to pay.
 2        (2)   If the issuing authority, senior judge or senior
 3    magisterial district judge determines that the defendant is
 4    financially able to pay the costs, restitution or fine, the
 5    issuing authority, senior judge or senior magisterial
 6    district judge may enter an order for wage attachment[,] or
 7    turn the delinquent account over to a private collection
 8    agency [or impose imprisonment for nonpayment], as provided
 9    by law.
10        * * *
11        (3)   (i)   If the issuing authority, senior judge or
12        senior magisterial district judge determines that the
13        defendant is without the financial means to pay the
14        costs, restitution or fines immediately or in a single
15        remittance[,] without causing manifest hardship to the
16        defendant as defined in paragraph (5), the issuing
17        authority, senior judge or senior magisterial district
18        judge [may] shall provide for payment in installments or,
19        in the case of costs or fines, reduce or waive the costs
20        or fines, except costs imposed under section 1101 of the
21        act of November 24, 1998 (P.L.882, No.111), known as the
22        Crime Victims Act. In determining the appropriate
23        installments, reduction or waiver, the issuing authority,
24        senior judge or senior magisterial district judge shall
25        [consider the defendant's financial resources, the
26        defendant's ability to make restitution and reparations
27        and the nature of the burden the payment will impose on
28        the defendant.] assign an installment payment for the
29        costs, restitution or fines that complies with the
30        requirements under section 9758(b) (relating to fine).

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 1             (ii)    If the defendant is in default of a payment or
 2        advises the issuing authority, senior judge or senior
 3        magisterial district judge that default is imminent, the
 4        issuing authority, senior judge or senior magisterial
 5        district judge may schedule a rehearing on the payment
 6        schedule. At the rehearing the defendant has the burden
 7        of proving [changes of financial condition such that the
 8        defendant is without the means to meet the payment
 9        schedule.] that the payments are causing the defendant
10        manifest hardship. The issuing authority, senior judge or
11        senior magisterial district judge [may extend or
12        accelerate the schedule, leave it unaltered, reduce or
13        waive the costs or fines, except costs imposed under
14        section 1101 of the Crime Victims Act,] shall extend the
15        installment payment time limitation or sentence the
16        defendant to a period of community service as the issuing
17        authority, senior judge or senior magisterial district
18        judge finds to be just and practicable under the
19        circumstances.
20             (iii)   If the issuing authority, senior judge or
21        senior magisterial district judge determines that the
22        defendant is without the financial means to pay the
23        costs, restitution or fines under this paragraph, the
24        issuing authority, senior judge or senior magisterial
25        district judge shall waive an existing collection fee
26        under section 9730.1(b) (relating to collection of court
27        costs, restitution and fines by private collection
28        agency) that was not previously collected from the
29        defendant who is determined to be without the financial
30        means to pay the costs, restitution or fines under this

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 1             paragraph.
 2             * * *
 3             (5)   A defendant shall be considered to experience
 4      manifest hardship if any of the following apply:
 5                   (i)    The defendant is involuntarily unemployed and
 6             has assets less than 200% of the Federal poverty level.
 7                   (ii)    The defendant's household income and assets are
 8             less than 200% of the Federal poverty level.
 9                   (iii)    The defendant is receiving any kind of public
10             assistance.
11                   (iv)    The defendant presents evidence to the judge
12             during the hearing that would cause a reasonable person
13             to believe paying the full amount of the penalty would
14             cause manifest hardship to the defendant or the
15             defendant's dependents.
16                   (v)    The defendant is unable to afford to meet the
17             defendant's basic life needs, including food, rent or
18             mortgage payments, utilities, medical expenses,
19             transportation and dependent care.
20      Section 2.         Sections 9758(b) and (c) and 9772 of Title 42 are
21   amended to read:
22   § 9758.    Fine.
23      * * *
24      (b)    Installment payment.--
25             (1)     Except for fines imposed under Title 34 (relating to
26      game), the court may permit installment payments as it
27      considers appropriate to the circumstances of the defendant,
28      in which case its order shall specify when each installment
29      payment is due. Installment payments for fines imposed for
30      summary offenses under Title 34 shall not exceed one year for

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 1    summary offenses and, except for 34 Pa.C.S. § 2522 (relating
 2    to shooting at or causing injury to human beings), shall not
 3    exceed two years for misdemeanor offenses.
 4        (2)   The following shall apply to installment payments
 5    permitted under this subsection:
 6              (i)    A defendant whose household income is less than
 7        or equal to 125% of the Federal poverty level may not be
 8        required to make payments until the defendant's income is
 9        more than 125% of the Federal poverty level.
10              (ii)    A defendant whose household income is more than
11        125% but less than 150% of the Federal poverty level may
12        not be required to make monthly installment payments that
13        exceed two times the hourly minimum wage for the
14        locality.
15              (iii)    A defendant whose household income is equal to
16        or more than 150% but less than 175% of the Federal
17        poverty level may not be required to make monthly
18        installment payments that exceed three times the hourly
19        minimum wage for the locality.
20              (iv)    A defendant whose household income is greater
21        than or equal to 175% but less than 185% of the Federal
22        poverty level may not be required to make monthly
23        installment payments that exceed four times the hourly
24        minimum wage for the locality.
25              (v)    A defendant whose household income is greater
26        than or equal to 185% but less than 200% of the Federal
27        poverty level may not be required to make monthly
28        installment plans that exceed five times the hourly
29        minimum wage for the locality.
30              (vi)    If a defendant's household income is equal to

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 1             or more than 200% of the Federal poverty level, the
 2             court, issuing authority, senior judge or senior
 3             magisterial district judge shall consider the evidence
 4             presented and set a payment plan that would not impose
 5             what a reasonable person would consider manifest hardship
 6             to the defendant or the defendant's dependents.
 7                 (vii)   A court, issuing authority, senior judge or
 8             senior magisterial district judge may deviate from the
 9             maximum monthly payment plans under this paragraph only
10             if it finds by a preponderance of the evidence presented
11             at the hearing that the defendant has the present ability
12             to pay a higher amount per month without experiencing a
13             manifest hardship.
14      (c)    Alternative sentence.--The sentence of the court may
15   include an alternative sentence in the event of nonpayment. A
16   person sentenced to community service under this subsection
17   shall be assigned a minimum of one hour of service for each $20
18   of the unpaid balance of the fine and costs.
19   § 9772.    Failure to pay fine.
20      [Unless there is proof that failure to pay a fine or that
21   portion of the fine that is due is excusable] Unless the court
22   finds that a defendant is financially able to pay a fine or a
23   portion of the fine that is due without causing the defendant
24   manifest hardship, the court may after a hearing find the
25   defendant guilty of contempt and sentence him to not more than
26   six months imprisonment, if a term of confinement of that amount
27   could have been imposed for the offense charged. If an
28   alternative sentence has been imposed under section 9758(c)
29   (relating to alternative sentence), the alternative sentence may
30   not take effect until there has been a preliminary finding of

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 1   [non-indigency] nonindigency, and a willful failure to pay the
 2   fine.
 3      Section 3.      Section 1533(a) and (b) of Title 75, amended
 4   October 31, 2024 (P.L.1143, No.138), are amended to read:
 5   § 1533.    Suspension of operating privilege for failure to
 6                   respond to citation.
 7      (a)    Violations within Commonwealth.--The department shall
 8   suspend the operating privilege of any person who, upon being
 9   duly notified by an issuing authority or a court of competent
10   jurisdiction of this Commonwealth, has failed to take any of the
11   following actions:
12             (1)   Respond to a citation or summons to appear before
13      the issuing authority or court for a violation of this title,
14      other than parking.
15             (2)   Pay any fine, costs or restitution imposed by the
16      issuing authority or court for a violation of this title,
17      other than parking. An issuing authority or court shall
18      notify the department that a person has failed to pay any
19      fine, costs or restitution only after making a preliminary
20      finding of nonindigency and a willful failure to pay without
21      causing manifest hardship.
22      * * *
23      (b)    Violations outside Commonwealth.--The department shall
24   suspend the operating privilege of any person who has failed to
25   respond to a citation, summons or similar writ to appear before
26   a court of competent jurisdiction of the United States or any
27   state which has entered into an enforcement agreement with the
28   department, as authorized under section 6146 (relating to
29   enforcement agreements), for any violation of the motor vehicle
30   laws of such state, other than parking, or who has failed to pay

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 1   any fine or costs imposed by such court upon being duly notified
 2   in accordance with the laws of such jurisdiction in which the
 3   violation occurred. A person who provides proof, satisfactory to
 4   the department, that the full amount of the fine and costs has
 5   been forwarded to and received by the court shall not be
 6   regarded as having failed to respond for the purposes of this
 7   subsection. The department may not suspend the operating
 8   privilege of a person who has failed to pay a fine or costs
 9   unless an issuing authority or court has first made a
10   preliminary finding of nonindigency and a willful failure to pay
11   without causing manifest hardship.
12      * * *
13      Section 4.    Section 6504 of Title 75 is amended by adding a
14   subsection to read:
15   § 6504.    Inability to pay fine and costs.
16      * * *
17      (d)    Alternative sentence.--A person who is found to have a
18   manifest hardship as provided in 42 Pa.C.S. § 9730 may be
19   sentenced to community service in the amount of one hour for
20   every $20 of the unpaid balance of the fine.
21      Section 5.    This act shall take effect in 60 days.




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