PA
Pennsylvania Senate Bill SB300

Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB300

Introduced
2/25/25  

Caption

In facilities and supplies, further providing for surcharge; and, in forfeiture of assets, providing for legal representation in forfeiture proceedings.

Impact

The implications of SB 300 on state laws involve the enhancement of legal aid provisions specifically within forfeiture cases. By mandating the courts to provide legal representation to claimants who demonstrate financial incapacity, the bill seeks to rectify potential injustices that arise from individuals being unrepresented during forfeiture proceedings. This amendment will also require counties to develop protocols for implementing these provisions while utilizing funds generated from the newly imposed surcharge, thereby creating an economic model for legal aid within local jurisdictions.

Summary

Senate Bill 300, introduced in Pennsylvania, aims to amend Title 42 of the Pennsylvania Consolidated Statutes concerning surcharges related to filing fees in civil actions and provisions for legal representation in forfeiture proceedings. The bill proposes a permanent surcharge of $2.25 on civil case filings, which will be allocated to fund legal representation for individuals contesting property forfeiture, particularly if they cannot afford an attorney. This provision intends to enhance access to legal representation for economically disadvantaged individuals facing forfeiture claims within the judicial system.

Sentiment

Overall, the sentiment surrounding SB 300 appears to be cautiously optimistic among legal advocacy groups, who see it as a progressive step towards ensuring fair legal representation in the forfeiture process. However, there are concerns regarding the financial implications of the surcharge and its potential impact on litigants. Opponents of increased fees argue it may deter individuals from pursuing legitimate claims due to additional costs, which could undermine the bill's primary intention of promoting equitable access to legal resources.

Contention

Notable points of contention include the debate over the adequacy of the proposed surcharge as a sustainable funding source for legal representation. Critics point out that merely adding a surcharge to filing fees might not suffice to cover the increased demand for public defenders in forfeiture cases. Furthermore, there are concerns about how courts will assess eligibility for legal representation and whether this could lead to inconsistencies in the application of the law across different jurisdictions.

Latest SB300 Activity

Companion Bills

No companion bills found.

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.