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.

Companion Bills

No companion bills found.

Previously Filed As

PA SB329

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

PA HB1617

In facilities and supplies, further providing for surcharge.

PA HB1266

In governance of the system, further providing for costs; in budget and finance, further providing for Commonwealth portion of fines, etc; in facilities and supplies, further providing for deposits into account and for surcharge; and making a repeal.

PA HB1120

In intestate succession, further providing for forfeiture; in elective share of surviving spouse, further providing for right of election and resident decedent; in wills, further providing for modification by circumstances; in estates, further providing for modification by divorce or pending divorce and for effect of divorce or pending divorce on designation of beneficiaries; in preliminary provisions, further providing for legislative findings and intent, for definitions and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to limitations on attacks upon decrees and to opening or vacating decrees; in alimony and support, further providing for bar to alimony; and, in mediation, further providing for mediation programs.

PA HB861

Further providing for definitions; providing for notice and regulations; further providing for unfair labor practices and for representatives and elections; providing for initial collective bargaining agreement; and further providing for prevention of unfair labor practices and for penalties.

PA HB1995

Further prohibiting certain entities from acquiring an interest in agricultural land; providing for investigation by Attorney General and for responsibilities of purchaser and Attorney General; further providing for forfeiture of lands; providing for real estate auction; and further providing for definitions.

PA HB1381

In juvenile matters, further providing for short title and purposes of chapter, for definitions, for scope of chapter, for powers and duties of probation officers, for summary offenses, for inspection of court files and records, for guardian ad litem for child in court proceedings, for transfer from criminal proceedings, for informal adjustment, for taking into custody, for detention of child, for release or delivery to court and for place of detention, providing for confinement in juvenile treatment facilities, further providing for notice and hearing, providing for questioning and interrogating a child, further providing for consent decree, providing for school stability for certain students, further providing for disposition of delinquent child, for limitation on and change in place of commitment and for transfer to criminal proceedings.

PA HB231

In post-trial matters, further providing for eligibility for relief, providing for postconviction review for veterans with service-connected mental health disability and further providing for jurisdiction and proceedings; and, in sentencing, further providing for sentencing procedure for murder of the first degree.

PA SB894

In magisterial district judges, further providing for jurisdiction and venue; in abandoned vehicles and cargos, further providing for reports by garage keepers of abandoned vehicles; and providing for garage or repair shop liens.

PA HB2303

In preliminary provisions relating to divorce, further providing for legislative findings and intent, for definitions, for bases of jurisdiction, for effect of agreement between parties and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, further providing for hearing by master, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to opening or vacating decrees; in property rights, further providing for definitions and for disposition of property to defeat obligations; in alimony and support, further providing for alimony and repealing provisions relating to bar to alimony; and repealing provisions relating to mediation.

Similar Bills

HI SB149

Relating To Property Forfeiture.

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 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 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.