Senate Committee Approves Waugh Legislation to Impose Court Costs on Defendants 

HARRISBURG – The Senate Judiciary Committee approved an amended version of Senator Mike Waugh’s (R-York) Senate Bill 1169, which would require defendants to pay court costs, without the need for a court order to do so. 

Waugh introduced the legislation in response to a court ruling involving a York County case that has statewide ramifications.  The defendant, who is currently in a state correctional institution serving a sentence for a multi-county murder spree, filed suit against the Commonwealth for deducting 20 percent of the money coming into his inmate account to pay the costs of his prosecution – which was over $14,000.  He claimed that the trial court’s sentencing order did not include any specific language assessing fines, costs or restitution. 

Such deductions were authorized under Act 84 of 1998, but the Commonwealth Court held that Act 84 required the court to specifically impose these costs through an order.  The Commonwealth Court further held that the inmate could potentially seek repayment of money already paid.   

The court did note that there is a difference between statutorily imposed costs – which cannot be waived – and those which the court must expressly impose to take effect.  Therefore, Waugh’s legislation would establish a procedure for the imposition of costs through statute.   

"York County’s Clerk of Courts, Don O’Shell, brought this issue to my attention," said Waugh.  "The Commonwealth Court ruling obviously found a loophole in the law that needs to be addressed in order for the courts to recoup costs incurred by defendants." 

Waugh’s legislation requires judges to impose court costs, but even if the judge fails to do so, the costs shall still be imposed.  No court order will be required. 

SB 1169 is now before the full Senate awaiting further consideration.