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Senate Bill 328 Printer's Number 292

PENNSYLVANIA, February 14 - determine whether the defendant is financially able to pay.

(2) If the issuing authority, senior judge or senior

magisterial district judge determines that the defendant is

financially able to pay the costs, restitution or fine, the

issuing authority, senior judge or senior magisterial

district judge may enter an order for wage attachment, turn

the delinquent account over to a private collection agency or

impose imprisonment for nonpayment, as provided by law.

(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.

20230SB0328PN0292 - 2 -

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