SB 83 — An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in constables, further providing for restricted account and for fees.

PRINTER'S NO.    38

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 83
                                               Session of
                                                 2025

     INTRODUCED BY ARGALL, HUTCHINSON, CULVER, DUSH AND FONTANA,
        JANUARY 22, 2025

     REFERRED TO LAW AND JUSTICE, JANUARY 22, 2025


                                      AN ACT
 1   Amending Title 44 (Law and Justice) of the Pennsylvania
 2      Consolidated Statutes, in constables, further providing for
 3      restricted account and for fees.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Sections 7149(b) and 7161(f) and (g) of Title 44
 7   of the Pennsylvania Consolidated Statutes are amended to read:
 8   § 7149.    Restricted account.
 9      * * *
10      (b)    Surcharge.--There is assessed as a cost in each case
11   before a magisterial district judge a surcharge of [$5] $10 per
12   docket number in each criminal case and [$5] $10 per named
13   defendant in each civil case in which a constable or deputy
14   constable performs a service provided in Subchapter G (relating
15   to compensation), except that no county shall be required to pay
16   this surcharge on behalf of any indigent or other defendant in a
17   criminal case.
18      * * *
 1   § 7161.    Fees.
 2      * * *
 3      (f)    Civil and landlord-tenant cases.--Fees in civil and
 4   landlord-tenant cases shall be as follows:
 5             (1)    For serving complaint, summons or notice on suitor
 6      or tenant, either personally or by leaving a copy, [$13] $20,
 7      plus [$5] $10 for each additional defendant at the same
 8      address, [$2.50] $5 for each return of service, plus mileage.
 9             (2)    For levying goods, including schedule of property
10      levied upon and set aside, notice of levy and return of
11      service, [$75] $125, plus mileage.
12             (3)    For advertising personal property for public sale,
13      [$7] $10 per posting, with a maximum [$21] $30 fee, plus
14      mileage, plus the cost of advertising.
15             (4)    For selling goods levied, receipts and returns to
16      court, [$85] $125, plus mileage.
17             (5)    For making return of not found, [$13] $20, plus
18      mileage. Payment shall be limited to three returns of not
19      found.
20             (6)    For executing order of possession, [$13] $20, plus
21      [$5] $10 for each additional defendant at the same address,
22      [$2.50] $5 for each return of service, plus mileage.
23             (7)    For ejectment, [$90] $150, [$2.50] $5 for each
24      return of service, plus mileage.
25             (8)    For making any return of service other than not
26      found, [$2.50] $5 each.
27             (9)    For providing courtroom security as ordered, [$13]
28      $25 per hour, assessed against one or more parties as
29      determined by the court.
30             (10)   Actual mileage for travel by motor vehicle shall be

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 1      reimbursed at the rate equal to the highest rate allowed by
 2      the Internal Revenue Service. If travel is by other than
 3      motor vehicle, reimbursement shall be for vouchered travel
 4      expenses.
 5      (g)     Criminal cases.--Fees in criminal cases shall be as
 6   follows:
 7            (1)    For executing each warrant of arrest or for
 8      effectuating the payment of fines and costs by attempting to
 9      execute each warrant of arrest, [$25] $50 for each docket
10      number and [$2.50] $5 for each return of service, plus
11      mileage.
12            (2)    For taking custody of a defendant, [$5] $25 per
13      defendant.
14            (3)    For conveyance of defendant to or from court, [$5]
15      $25 per defendant.
16            (4)    For attendance at arraignment or hearing, [$13] $25.
17            (5)    For executing discharge, [$5] $25 per defendant.
18            (6)    For executing commitment, [$5] $25 per defendant.
19            (7)    For executing release, [$5] $25 per defendant.
20            (8)    For making returns to the court, [$2.50] $5.
21            (9)    Transporting each nonincarcerated defendant to jail,
22      [$17] $25, plus mileage; transporting an incarcerated
23      prisoner, [$38] $50 per prisoner, plus an hourly rate of
24      [$13] $25 per hour, plus mileage. Computation of hourly rate
25      will apply after the expiration of the first hour per
26      prisoner per hour, not to exceed [$26] $50 per hour per
27      constable.
28            (10)   Receipt of the fees for transporting a
29      nonincarcerated defendant under paragraph (9) shall not
30      exclude receipt of the fees under paragraphs (6) and (8) for

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 1    that transport.
 2        (11)     Receipt of the fees for transporting an
 3    incarcerated prisoner under paragraph (9) shall exclude
 4    receipt of the fees under paragraphs (2), (3), (4) and (7)
 5    for the transport.
 6        (12)     Actual mileage for travel by motor vehicle shall be
 7    reimbursed at the rate equal to the highest rate allowed by
 8    the Internal Revenue Service. If travel is by other than
 9    motor vehicle, reimbursement shall be for vouchered travel
10    expenses.
11        (13)     For conveying defendants for fingerprinting, [$17]
12    $25 per defendant, plus [$13] $25 per hour beyond the first
13    hour per defendant per hour, not to exceed [$26] $50 per hour
14    per constable, plus mileage.
15        (14)     For holding one or more defendants at the office of
16    a magisterial district judge, [$13] $25 per hour per
17    defendant beyond the first half hour.
18        (15)     For courtroom security as ordered, [$13] $25 per
19    hour, assessed against one or more parties as determined by
20    the court.
21        (16)     In all criminal cases wherein the defendant is
22    discharged or indigent or the case is otherwise dismissed,
23    the court shall assess to the county the fee provided in this
24    section, except that, in cases of private criminal complaints
25    where the defendant is discharged prior to the indictment or
26    the filing of any information or the case is otherwise
27    dismissed at the summary offense hearing, the court shall
28    assess the fee to the affiant.
29    * * *
30    Section 2.    This act shall take effect in 60 days.

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