(a) Division of costs.--In every case of summary conviction in which the evidence is not sufficient to convict and the defendant is dismissed, there shall be no costs imposed if the prosecutor is a police officer engaged as such in the employ of this Commonwealth or of any of its political subdivisions. In all other cases, the costs may be imposed on the prosecutor or by the defendant if so permitted by law.
(b) Costs where default occurs.--In every case of summary conviction in which the defendant is convicted and sentenced to jail in default of the payment of the fine and costs imposed, the costs of prosecution shall be borne by the county.
(c) County of the second class.--In any case before a salaried magistrate where costs are borne by a county of the second class, the costs chargeable to the county shall be one-half of the costs set forth in section 1725.1(b) (relating to costs).
(July 20, 1979, P.L.157, No.52, eff. 60 days)
1979 Amendment. Act 52 added section 1725.2.
Cross References. Section 1725.2 is referred to in section 3571 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 17 - Governance of the System
Section 1701 - General supervisory and administrative authority of the Supreme Court
Section 1702 - Rule making procedures
Section 1703 - Meeting procedures
Section 1721 - Delegation of powers
Section 1722 - Adoption of administrative and procedural rules
Section 1723 - General supervisory and administrative authority
Section 1724 - Personnel of the system
Section 1725 - Establishment of fees and charges
Section 1725.2 - Assumption of summary conviction costs by county
Section 1725.3 - Criminal laboratory and paramedic user fee
Section 1725.4 - Fee increases and automation fee
Section 1725.5 - Booking center fee
Section 1725.6 - Countywide booking center plan
Section 1725.7 - Petition for expungement or order for limited access fee
Section 1726 - Establishment of taxable costs
Section 1726.1 - Forensic examination costs for sexual offenses
Section 1726.2 - Criminal prosecutions involving domestic violence
Section 1727 - Budget and financial matters
Section 1728 - Recognition of related organizations
Section 1729 - Conferences and institutes
Section 1730 - Boards, councils, commissions and committees