Waugh Legislation to Impose Court Costs on Defendants Garners Senate Passage

HARRISBURG – Senator Mike Waugh's (R-York) Senate Bill 1169, which would require defendants to repay their court costs, was approved unanimously by the full Senate today.

The basis for Waugh's legislation was a recent Commonwealth Court ruling involving Mark Spotz, who is on death row at a state correctional institution for a 1995 multi-county murder spree, which extended into York County.  Spotz 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.

Act 84 of 1998 provided for such deductions, but in their ruling on the Spotz case, 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.

"While York County's Clerk of Courts, Don O'Shell, brought this issue to my attention because of its impact on York County," said Waugh, "the Commonwealth Court's ruling has statewide implications for all counties seeking to recoup court costs incurred by defendants."

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 statutorily establish a procedure for the imposition of costs.

Waugh's legislation requires judges to impose court costs.  However, should the judge fail to order the payment of costs, SB 1169 contains a provision in which costs would still be imposed upon the defendant and no court order would be required.

"The bottom line is that these defendants need to repay their own court costs," said Waugh. "So I am pleased the Senate worked promptly to address the issue, and I hope the House takes similar steps to send the bill to the Governor's desk."

SB 1169 now heads to the House of Representatives for consideration.