PRIOR PRINTER'S NOS. 188, 408 PRINTER'S NO. 1237
No. 178 Session of 2005
INTRODUCED BY CORMAN, WONDERLING, RAFFERTY, TOMLINSON, KITCHEN,
COSTA, LAVALLE, STACK, ORIE, RHOADES, ERICKSON, BOSCOLA,
C. WILLIAMS, LOGAN AND PIPPY, FEBRUARY 7, 2005
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
OCTOBER 18, 2005
AN ACT
1 Amending the act of November 24, 1998 (P.L.882, No.111),
2 entitled "An act providing for victims' rights; imposing
3 penalties; establishing remedies; establishing the Office of
4 Victim Advocate, the Bureau of Victims' Services, the
5 Victims' Services Advisory Committee, the State Offender
6 Supervision Fund and other funds; and making repeals,"
7 further defining "personal injury crime"; further providing <--
8 FURTHER PROVIDING FOR POWERS AND DUTIES OF THE OFFICE OF <--
9 VICTIM'S SERVICES, for Victims' Services Advisory Committee
10 membership and for powers and duties of committee.; and <--
11 making an appropriation.
12 The General Assembly finds and declares that:
13 (1) Identity theft is a particularly lucrative type of
14 crime and is the fastest growing white collar crime in this
15 country.
16 (2) Identity theft severely impacts the lives of its
17 victims, especially in terms of their privacy and financial
18 security.
19 (3) Identity theft is increasing throughout the United
20 States and in this Commonwealth.
21 (4) The victims of identity theft need assistance in
1 recovering from the crime.
2 (5) The citizens of this Commonwealth should be informed
3 about prevention of identity theft.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "personal injury crime" in <--
7 section 103 of the act of November 24, 1998 (P.L.882, No.111),
8 known as the Crime Victims Act, amended November 19, 2004
9 (P.L.838, No.103), is amended to read:
10 Section 103. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 * * *
15 "Personal injury crime." An act, attempt or threat to commit
16 an act which would constitute a misdemeanor or felony under the
17 following:
18 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
19 18 Pa.C.S. Ch. 27 (relating to assault).
20 18 Pa.C.S. Ch. 29 (relating to kidnapping).
21 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
22 18 Pa.C.S. § 3301 (relating to arson and related
23 offenses).
24 18 Pa.C.S. Ch. 37 (relating to robbery).
25 18 Pa.C.S. § 4120 (relating to identity theft).
26 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
27 witness intimidation).
28 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
29 while operating under influence).
30 The former 75 Pa.C.S. § 3731 (relating to driving under
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1 influence of alcohol or controlled substance) in cases
2 involving bodily injury.
3 75 Pa.C.S. § 3732 (relating to homicide by vehicle).
4 75 Pa.C.S. § 3735 (relating to homicide by vehicle while
5 driving under influence).
6 75 Pa.C.S. § 3735.1 (relating to aggravated assault by
7 vehicle while driving under the influence).
8 75 Pa.C.S. § 3742 (relating to accidents involving death
9 or personal injury).
10 75 Pa.C.S. Ch. 38 (relating to driving after imbibing
11 alcohol or utilizing drugs) in cases involving bodily injury.
12 The term includes violations of any protective order issued as a
13 result of an act related to domestic violence.
14 * * *
15 SECTION 1. SECTION 312 OF THE ACT OF NOVEMBER 24, 1998 <--
16 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT, AMENDED JUNE
17 28, 2002 (P.L.496, NO.85), IS AMENDED TO READ:
18 SECTION 312. POWERS AND DUTIES OF OFFICE OF VICTIMS' SERVICES.
19 THE OFFICE OF VICTIMS' SERVICES, SUBJECT TO APPROVAL OF THE
20 COMMISSION, HAS THE FOLLOWING POWERS AND DUTIES:
21 (1) TO ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE IN OR
22 NEAR HARRISBURG AND SUCH OTHER OFFICES WITHIN THIS
23 COMMONWEALTH AS IT MAY DEEM NECESSARY.
24 (2) TO APPOINT COUNSEL, CLERKS, CLAIMS VERIFIERS,
25 HEARING OFFICERS AND OTHER EMPLOYEES AND AGENTS AS IT MAY
26 DEEM NECESSARY, TO FIX THEIR COMPENSATION WITHIN THE LIMITS
27 PROVIDED BY LAW AND TO PRESCRIBE THEIR DUTIES.
28 (3) TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE
29 RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS AND
30 PURPOSES OF CHAPTER 7. THESE REGULATIONS SHALL PROVIDE FOR
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1 THE APPROVAL OF ATTORNEY FEES FOR REPRESENTATION BEFORE THE
2 OFFICE OF VICTIMS' SERVICES, A HEARING EXAMINER OR BEFORE THE
3 COMMONWEALTH COURT UPON JUDICIAL REVIEW UNDER SECTION 705.
4 AWARDS OF THE ATTORNEY FEES SHALL BE IN ADDITION TO AWARDS
5 MADE TO DIRECT VICTIMS. AWARDS OF ATTORNEY FEES SHALL IN NO
6 CASE EXCEED 15% OF THE AWARD TO THE DIRECT VICTIM OR VICTIMS.
7 IT SHALL BE UNLAWFUL FOR AN ATTORNEY TO CONTRACT FOR OR
8 RECEIVE ANY SUM LARGER THAN THE AMOUNT ALLOWED. REGULATIONS
9 UNDER THIS PARAGRAPH SHALL INCLUDE POLICIES, PROCEDURES AND
10 STANDARDS OF REVIEW REGARDING CLAIMS FOR COMPENSATION;
11 APPROVAL OR DENIAL OF CLAIMS, INCLUDING CONTRIBUTORY CONDUCT
12 BY DIRECT VICTIMS; VERIFICATION OF INFORMATION AND DOCUMENTS;
13 PRIORITIZATION OF REVIEW; AND ALL OTHER MATTERS RELATED TO
14 THE PROCESSING.
15 (4) TO REQUEST AND REVIEW FROM LAW ENFORCEMENT AGENCIES
16 AND FROM ANY OTHER STATE OR MUNICIPAL DEPARTMENT, AGENCY OR
17 PUBLIC AUTHORITY ASSISTANCE AND DATA AS WILL ENABLE THE
18 OFFICE OF VICTIMS' SERVICES TO CARRY OUT ITS POWERS AND
19 DUTIES.
20 (5) TO DETERMINE ALL CLAIMS FOR AWARDS FILED WITH THE
21 OFFICE OF VICTIMS' SERVICES UNDER CHAPTER 7 AND TO
22 REINVESTIGATE OR REOPEN CASES AS THE OFFICE OF VICTIMS'
23 SERVICES DEEMS NECESSARY.
24 (6) TO DIRECT MEDICAL EXAMINATIONS OF DIRECT VICTIMS.
25 (7) TO APPOINT HEARING OFFICERS AUTHORIZED TO ADMINISTER
26 OATHS OR AFFIRMATIONS, TO EXAMINE ANY PERSON UNDER OATH OR
27 AFFIRMATION AND TO ISSUE SUBPOENAS REQUIRING ATTENDANCE OF
28 WITNESSES, TESTIMONY OF WITNESSES AND PRODUCTION OF EVIDENCE.
29 EXCEPT WHERE A CLAIM IS DETERMINED TO BE FRIVOLOUS, CLAIMANTS
30 SHALL RECEIVE REIMBURSEMENT AT A RATE TO BE DETERMINED BY THE
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1 OFFICE OF VICTIMS' SERVICES FOR ATTENDING HEARINGS,
2 REGARDLESS OF THE DISPOSITION OF THE CLAIM.
3 (8) TO TAKE OR CAUSE TO BE TAKEN AFFIDAVITS OR
4 DEPOSITIONS IN OR OUTSIDE OF THIS COMMONWEALTH.
5 (9) TO RENDER EACH YEAR TO THE GOVERNOR AND TO THE
6 GENERAL ASSEMBLY A WRITTEN REPORT OF ITS ACTIVITIES.
7 (10) TO ARRANGE WITH THE HEADS OF OTHER COMMONWEALTH
8 AGENCIES FOR THE PERFORMANCE OF ANY OF ITS FUNCTIONS UNDER
9 THIS ACT WITH OR WITHOUT REIMBURSEMENT AND WITH THE APPROVAL
10 OF THE GOVERNOR TO DELEGATE AND AUTHORIZE THE REDELEGATION OF
11 ANY OF ITS POWERS UNDER THIS ACT.
12 (11) TO ESTABLISH A PROGRAM TO ASSURE EXTENSIVE AND
13 CONTINUING PUBLICITY OF INFORMATION REGARDING THE
14 COMPENSATION PROVISIONS UNDER CHAPTER 7. THIS INFORMATION
15 SHALL INCLUDE THE RIGHT TO FILE A CLAIM, THE SCOPE OF
16 COVERAGE AND PROCEDURES TO BE UTILIZED INCIDENT THERETO.
17 (12) TO ADMINISTER THE FUNDS UNDER SECTION 1101(B) FOR
18 THE PAYMENT OF CLAIMS FILED UNDER CHAPTER 7 AND FOR ALL
19 REASONABLE AND NECESSARY ADMINISTRATIVE EXPENSES.
20 (13) TO ESTABLISH COMPENSATION LIMITS AND REIMBURSEMENT
21 RATES FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF
22 CHAPTER 7. THE OFFICE OF VICTIMS' SERVICES SHALL PUBLISH A
23 SCHEDULE OF THESE COMPENSATION LIMITS AND REIMBURSEMENT RATES
24 IN THE PENNSYLVANIA BULLETIN PROVIDED THAT THE OFFICE OF
25 VICTIMS' SERVICES SHALL, WITHIN TWO YEARS OF SUCH
26 PUBLICATION, PROMULGATE A REGULATION SETTING FORTH THE
27 SCHEDULE OF COMPENSATION LIMITS AND REIMBURSEMENT.
28 (14) TO COOPERATE WITH OTHER COMMONWEALTH AND LAW
29 ENFORCEMENT AGENCIES TO ENSURE THAT VICTIMS OF THE CRIME OF
30 IDENTITY THEFT RECEIVE THE APPROPRIATE INFORMATION TO ASSIST
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1 THEM WITH THE RESOLUTION OF ANY FINANCIAL ISSUES ARISING FROM
2 THE COMMISSION OF THE CRIME.
3 Section 2. Section 321(b) of the act, amended October 30,
4 2000 (P.L.641, No.86), is amended to read:
5 Section 321. Committee.
6 * * *
7 (b) Membership.--The committee shall consist of [15] 17 16 <--
8 members:
9 (1) The Secretary of Aging or a designee.
10 (2) The Secretary of Corrections or a designee.
11 (3) The Secretary of Public Welfare or a designee.
12 (4) The Commissioner of the Pennsylvania State Police.
13 (5) The victim advocate.
14 (6) A district attorney appointed by the Governor.
15 (7) [Nine] Eleven TEN individuals appointed by the <--
16 Governor.
17 Members under this paragraph must represent direct victims,
18 Statewide victims' coalitions, prosecution-based
19 victim/witness programs and other victim service or victim
20 advocacy organizations, the courts, members of local
21 government and other victims' organizations or organizations
22 involved in the coordination or delivery of services to
23 direct victims. At least one of the Governor's appointees
24 must be a representative of a victims' services agency
25 working directly with children and at least two ONE of the <--
26 Governor's appointees must represent the interest of victims
27 of identify theft.
28 * * *
29 Section 3. Section 322 of the act, amended October 30, 2000
30 (P.L.641, No.86) and June 28, 2002 (P.L.496, No.85), is amended
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1 to read:
2 Section 322. Powers and duties of committee.
3 The committee has the following powers and duties:
4 (1) To serve in an advisory capacity to the commission,
5 including the Office of Victims' Services, through the
6 committee's participation in the development of that part of
7 the commission's plan relating to direct victims' services
8 and compensation.
9 (2) To advise the commission on the development of
10 direct services for minor children who are material witnesses
11 to any of the following crimes and offenses under 18 Pa.C.S.
12 (relating to crimes and offenses) committed or attempted
13 against a member of the child's family:
14 Chapter 25 (relating to criminal homicide).
15 Section 2702 (relating to aggravated assault).
16 Section 3121 (relating to rape).
17 (3) To perform those functions related to the direct
18 approval and disbursement of financial assistance in an
19 advisory capacity only. The committee shall have the
20 opportunity to review and comment on applications other than
21 applications for claims for compensation pursuant to sections
22 702 and 706 within 30 days after receipt of the application
23 from the commission.
24 (4) To advise the commission on the definition,
25 development and correlation of programs and projects and the
26 establishment of priorities for direct victims' services and
27 compensation.
28 (5) To develop standards, methods and procedures for
29 evaluating and monitoring direct victims' services.
30 (6) Upon request, to provide assistance and advice to
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1 the commission on any other matters relating to direct
2 victims' services and compensation.
3 (7) To receive staff support from the commission and the
4 Office of Victims' Services in order to adequately perform
5 the duties provided for in this section.
6 (8) To support victims of identity theft by assisting <--
7 them to reestablish their financial and other commercial
8 records, reclaim their identities and rectify erroneous
9 judicial records that result from the unlawful theft of their
10 identities.
11 (9) To compile statistics on identity theft in this
12 Commonwealth, advise Federal, State and local law enforcement
13 officers on investigation and prosecution of identity theft,
14 assist victims of identity theft as to corrective and
15 remedial measures to be taken, inform the public on
16 prevention and detection of identity theft and take such
17 other appropriate action deemed necessary to assist the
18 commission on identity theft.
19 (8) TO SUPPORT VICTIMS OF THE CRIME OF IDENTITY THEFT <--
20 AND ALL CITIZENS OF THIS COMMONWEALTH BY PROVIDING THE
21 COMMISSION WITH INFORMATION ON EXISTING AND PROPOSED CRIME
22 PREVENTION AND EDUCATIONAL PROGRAMS.
23 Section 4. The sum of $500,000, or as much thereof as may be <--
24 necessary, is hereby appropriated to the Pennsylvania Commission
25 on Crime and Delinquency for the fiscal year July 1, 2005, to
26 June 30, 2006, to carry out the provisions of this act.
27 Section 5 4. This act shall take effect in 60 days. <--
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