(a) Imposition.--A person who is placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or who receives Accelerated Rehabilitative Disposition or who pleads guilty to or nolo contendere to or who is convicted of a crime as defined in 18 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked) or 3802 (relating to driving under influence of alcohol or controlled substance) or 3735 (relating to homicide by vehicle while driving under influence) or 3735.1 (relating to aggravated assault while driving under the influence) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) or a violation of The Controlled Substance, Drug, Device and Cosmetic Act shall, in addition to any fines, penalties or costs, in every case where laboratory services were required to prosecute the crime or violation, be sentenced to pay a criminal laboratory or paramedic user fee which shall include, but not be limited to, the cost of sending a laboratory technician or paramedic to court proceedings.
(b) Amount of user fee.--
(1) The director or similar officer of the county laboratory or emergency medical services agency that has provided services in the prosecution shall determine the actual cost of the laboratory or paramedic services provided in the prosecution and transmit a statement for services rendered to the court.
(2) If a Pennsylvania State Police laboratory has provided services in the prosecution, the director or similar officer of the Pennsylvania State Police laboratory shall determine the actual cost of the laboratory services provided in the prosecution and transmit a statement for services rendered to the court.
(c) Disposition of fees.--
(1) The criminal laboratory user fee for criminal laboratory services provided by a county shall be paid to the county and shall be used solely for operation and maintenance of the county laboratory. The criminal laboratory user fee for criminal laboratory services provided by the Pennsylvania State Police laboratory shall be paid into the Criminal Laboratory User Fee Fund created under paragraph (2).
(2) A special nonlapsing fund of the State Treasury is hereby established and shall be known as the Criminal Laboratory User Fee Fund. Money in the Criminal Laboratory User Fee Fund is hereby appropriated to the Pennsylvania State Police and shall be used solely for operation and maintenance of Pennsylvania State Police criminal laboratories.
(3) The paramedic user fee for laboratory services provided by a paramedic shall be paid to the emergency medical services agency and shall be used solely for the provision of criminal laboratory services.
(d) Other laws.--The criminal laboratory and paramedic user fee shall be imposed notwithstanding any other provision of law to the contrary.
(Dec. 14, 1992, P.L.872, No.140; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Dec. 18, 2013, P.L.1187, No.112, eff. 60 days; Nov. 3, 2016, P.L.1094, No.142, eff. 90 days)
1992 Amendment. Act 140 added section 1725.3, effective January 1, 1994, as to subsecs. (b)(2) and (c)(2) and immediately as to the remainder of the section. Section 6 of Act 140 provided that section 1725.3 shall apply to offenses committed on or after the effective date of Act 140.
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