HB 1035

Abstract

Attorneys for the Commonwealth; compensation and collectionof fees. Prohibits the Compensation Board, when determining staffing andfunding levels for offices of attorneys for the Commonwealth, from (i)considering the number of charges brought or the number of convictions obtainedby such attorney for the Commonwealth; (ii) relying on standards devised orrecommended by the attorney for the Commonwealth, law-enforcement agencies, orprofessional associations representing attorneys for the Commonwealth orlaw-enforcement officers; or (iii) using measures that increase if an attorneyfor the Commonwealth (a) elects to prosecute a more serious charge, (b) electsto prosecute additional charges from a single arrest or criminal incident, (c)obtains convictions rather than dismissing charges or offering reduced charges,or (d) proceeds with prosecution rather than diversion. The bill also requiresattorneys for the Commonwealth to pay all fees collected by them inconsideration of the performance of official duties or functions into the statetreasury, instead of only half of such fees. The bill requires the StateTreasurer to pay to the treasuries of the respective counties and cities of theattorneys for the Commonwealth a proportion of half of all such fees collectedby all attorneys for the Commonwealth, as determined by each county or city'scrime rate, criminal incident rate, or arrest rate. Finally, the bill changesthe fees collected by attorneys for the Commonwealth on trials of felonyindictments from $40 on each count to $120 for each trial of a Class 1 or Class2 felony indictment, or other felony that carries a possible penalty of life inprison, except robbery, and $40 for each trial on robbery and all other felonyindictments regardless of the number of counts. The bill contains technicalamendments.