Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 17
Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 1725.3 (2026)

 Criminal laboratory and paramedic user fee.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 1725.3.  Criminal laboratory and paramedic user fee.

(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.

Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 2007–2024 · leading case: Commonwealth v. Weaver, 76 A.3d 562 (Pa. Super. Ct. 2013).
Sort: Relevance Newest Treatment
Commonwealth v. Weaver, 76 A.3d 562 (Pa. Super. Ct. 2013). · cites it 2× “…fee which shall include, but not be limited to, the cost of sending a laboratory technician to court proceedings. 42 Pa.C.S. § 1725.3 (emphasis added).”
Palmer v. Pennsylvania State Police, 928 A.2d 1165 (Pa. Commw. Ct. 2007). · cites it 2× “The trial court ordered Palmer to pay a criminal laboratory user fee of $902 for services rendered by the PSP’s crime laboratory in connection with the prosecution of his Allegheny County murder case, pursuant to 42 Pa.C.S. § 1725.3, as amended, 2 By letter of September 22,…”
Com. v. Baizar, C. (Pa. Super. Ct. 2021). · cites it 3× “Applying 42 Pa.C.S. § 1725.3, the Majority concludes that the court erred when it imposed costs relating to anything other than drug testing, because Appellant was not charged with nor convicted of any homicide related activity.”
Com. v. Lane, K. (Pa. Super. Ct. 2019). · cites it 2× “Although neither Appellant, the Commonwealth, nor the PCRA court reference 42 Pa.C.S. § 1725.3, our own research indicates that this statute addresses the imposition of laboratory fees on defendants.”
Com. v. Baizar, C. (Pa. Super. Ct. 2021). · cites it 2× “42 Pa.C.S. § 1725.3(a), (b)(2). Appellant argues that “[t]he plain language of this statute requires an individual, convicted of a violation of the Drug Act, to pay the lab fee required to prosecute that particular violation.”
B. Sherwood v. PA DOC (Pa. Commw. Ct. 2021). · cites it 2× “3(a) of the Judicial Code, 42 Pa.C.S. § 1725.3(a) (emphasis added). As these services were used as part of the prosecution and conviction of Sherwood for criminal homicide at Docket 342, they fall within the trial court’s sentencing order that Sherwood pay the costs of…”
Com. v. Martin, T. (Pa. Super. Ct. 2016). “See 42 Pa.C.S. § 1725.3. Furthermore, the trial court has correctly pointed out that neither Osbourne nor Dean supports Martin’s claim that this statute should not apply to him.”
Com. v. Burrows, M. (Pa. Super. Ct. 2017). “42 Pa.C.S. § 1725.3(a)-(c), (d). Additionally, Pennsylvania Rule of Criminal Procedure 706 states: (A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able to pay the fine or…”
In Re: Order Amending Rules 113.1, 206, 403, 504, 560 & 575 & Revising Comments to Rules 420, 513 & 578 of PA Rules of Crim. Procedure (Pa. 2018). “The requirement that the affiant who prepares the complaint indicate whether the defendant has been fingerprinted as required by the Criminal History Record Information Act, 18 Pa.”
Com. v. Sieminkewicz, P. (Pa. Super. Ct. 2020). “See 42 Pa.C.S. § 1725.3(a). - 13 - J-S58019-19 Judgment Entered.”
Com. v. Woodard, D. (Pa. Super. Ct. 2022). “See 42 Pa.C.S. § 1725.3. Although neither Woodard, the Commonwealth, nor the sentencing court reference § 1725.”
Com. v. Brown, J. (Pa. Super. Ct. 2022). “Further, the Commonwealth argues that Appellant has failed to prove that he would be entitled to any deferment, as he did not assert that he was unable to pay. Id. at 14-15. Therefore, the Commonwealth concludes that Appellant is not entitled to relief.”
Show all 13 citing cases →
42 Pa. Cons. Stat. § 1725.3(a): 8 cases
Commonwealth v. Weaver, 76 A.3d 562 (Pa. Super. Ct. 2013). “…fee which shall include, but not be limited to, the cost of sending a laboratory technician to court proceedings. 42 Pa.C.S. § 1725.3 (emphasis added).”
Com. v. Baizar, C. (Pa. Super. Ct. 2021). “42 Pa.C.S. § 1725.3(a), (b)(2). Appellant argues that “[t]he plain language of this statute requires an individual, convicted of a violation of the Drug Act, to pay the lab fee required to prosecute that particular violation.”
B. Sherwood v. PA DOC (Pa. Commw. Ct. 2021). “3(a) of the Judicial Code, 42 Pa.C.S. § 1725.3(a) (emphasis added). As these services were used as part of the prosecution and conviction of Sherwood for criminal homicide at Docket 342, they fall within the trial court’s sentencing order that Sherwood pay the costs of…”
Com. v. Burrows, M. (Pa. Super. Ct. 2017). “42 Pa.C.S. § 1725.3(a)-(c), (d). Additionally, Pennsylvania Rule of Criminal Procedure 706 states: (A) A court shall not commit the defendant to prison for failure to pay a fine or costs unless it appears after hearing that the defendant is financially able to pay the fine or…”
Com. v. Lane, K. (Pa. Super. Ct. 2019). “Although neither Appellant, the Commonwealth, nor the PCRA court reference 42 Pa.C.S. § 1725.3, our own research indicates that this statute addresses the imposition of laboratory fees on defendants.”
42 Pa. Cons. Stat. § 1725.3(b)(2): 1 case
Com. v. Baizar, C. (Pa. Super. Ct. 2021). “Applying 42 Pa.C.S. § 1725.3, the Majority concludes that the court erred when it imposed costs relating to anything other than drug testing, because Appellant was not charged with nor convicted of any homicide related activity.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.