PRINTER'S NO. 4
No. 23 Special Session No. 1 of 1995
INTRODUCED BY LLOYD, LAUGHLIN, GORDNER, SANTONI, MUNDY, MILLER,
FARGO, PISTELLA, STURLA, M. COHEN, McCALL, EGOLF, PESCI,
WOGAN, DALEY, TRELLO, COY, WOZNIAK, ITKIN, WAUGH, ROONEY,
HALUSKA, MANDERINO, VEON, SAYLOR, TIGUE, JOSEPHS, BELARDI,
FAIRCHILD, PETRONE, GRUITZA AND BATTISTO, JANUARY 24, 1995
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for disposition of profits
3 received from commission of crime; and making a repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1109. Profits received as a result of commission of crime.
9 (a) General rule.--If a person has been convicted of a
10 crime, every person who knowingly contracts for, pays or agrees
11 to pay any profit from a crime to that person shall give written
12 notice to the board of the payment or obligation to pay as soon
13 as practicable after discovering that the payment or intended
14 payment is a profit from a crime. The board, upon receipt of
15 notice of a contract, an agreement to pay or payment of profits
16 from a crime shall notify all known eligible persons at their
17 last known address of the existence of the profits.
1 (b) Right of action.--Notwithstanding any inconsistent
2 provision of law or rules of civil procedure with respect to the
3 timely bringing of an action, any eligible person shall have the
4 right to bring a civil action in a court of competent
5 jurisdiction to recover money damages from a person convicted of
6 a crime, or the legal representative of that convicted person,
7 within three years of the discovery of any profits from a crime.
8 Any damages awarded in this action shall be recoverable only up
9 to the value of the profits from the crime. If an action is
10 filed under this subsection after the expiration of all other
11 applicable statutes of limitation, any other eligible person
12 must file any action for damages as a result of the crime within
13 three years of the actual discovery of profits from the crime or
14 of actual notice received from or notice published by the board
15 of the discovery, whichever is later.
16 (c) Notice.--Upon filing an action under subsection (b), the
17 eligible person shall give notice to the board of the filing by
18 delivering a copy of the complaint to the board. The eligible
19 person may also give notice to the board prior to filing the
20 action so as to allow the board to apply for any appropriate
21 remedies which are otherwise authorized to be invoked prior to
22 the commencement of an action.
23 (d) Responsibilities of board.--Upon receipt of a copy of a
24 complaint, the board shall immediately take action as necessary
25 to:
26 (1) Notify all other known eligible persons of the
27 alleged existence of profits from a crime by certified mail,
28 return receipt requested, where the eligible persons' names
29 and addresses are known by the board.
30 (2) Publish, at least once a year for three years from
19951H0023B0004 - 2 -
1 the date it is initially notified by an eligible person under
2 subsection (c), a legal notice in newspapers of general
3 circulation in the county wherein the crime was committed and
4 in counties contiguous to that county advising any eligible
5 persons of the existence of profits from a crime. The board
6 may in its discretion provide for additional notice as it
7 deems necessary.
8 (3) Avoid the wasting of the assets identified in the
9 complaint as the newly discovered profits from a crime in any
10 manner consistent with subsection (e).
11 (e) Other remedies.--The board, acting on behalf of all
12 eligible persons, shall have the right to apply for any and all
13 remedies that are also otherwise available to an eligible person
14 bringing an action under subsection (b). The remedies of
15 attachment, injunction, receivership and notice of pendency
16 available under law to an eligible person bringing an action
17 under subsection (b) shall also be available to the board in all
18 actions under this subsection. On a motion for a remedy, the
19 moving party shall state whether any other remedy has previously
20 been sought in the same action against the same defendant. The
21 court may require the moving party to elect between those
22 remedies to which it would otherwise be entitled.
23 (f) Evasive action null and void.--Any action taken by any
24 person convicted of a crime, whether by way of execution of a
25 power of attorney, creation of corporate entities or otherwise,
26 to defeat the purpose of this section shall be null and void as
27 against the public policy of this Commonwealth.
28 (g) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
19951H0023B0004 - 3 -
1 "Board." The Crime Victim's Compensation Board as defined in
2 section 477 of the act of April 9, 1929 (P.L.177, No.175), known
3 as The Administrative Code of 1929.
4 "Convicted." Includes conviction by entry of a plea of
5 guilty or nolo contendere, conviction after trial and a finding
6 of not guilty due to insanity or of guilty but mentally ill.
7 "Eligible person." Includes any of the following persons:
8 (1) A victim of the particular crime in question.
9 (2) An intervenor in such crime.
10 (3) A surviving spouse, parent or child of a deceased
11 victim of, or intervenor in, such crime.
12 (4) Any other person dependent for his principal support
13 upon a deceased victim of, or intervenor in, such crime.
14 No person who is criminally responsible for the crime in
15 question or was an accomplice of the person who is criminally
16 responsible shall be an eligible person.
17 "Profit from a crime." Includes any of the following:
18 (1) Any property obtained through or income generated
19 from the commission of a crime of which the defendant was
20 convicted.
21 (2) Any property obtained by or income generated from
22 the sale, conversion or exchange of proceeds of a crime of
23 which the defendant was convicted, including any gain
24 realized by such sale, conversion or exchange.
25 (3) Any property which the defendant obtained or income
26 generated as a result of having committed the crime of which
27 the defendant was convicted, including any assets obtained
28 through the use of unique knowledge obtained during the
29 commission of, or in preparation for the commission of, the
30 crime, as well as any property obtained by or income
19951H0023B0004 - 4 -
1 generated from the sale, conversion or exchange of such
2 property and any gain realized by such sale, conversion or
3 exchange.
4 Section 2. Section 477.18 of the act of April 9, 1929
5 (P.L.177, No.175), known as The Administrative Code of 1929, is
6 repealed.
7 Section 3. This act shall take effect immediately.
L10L18JRW/19951H0023B0004 - 5 -