PRINTER'S NO. 633
No. 568 Session of 1997
INTRODUCED BY READSHAW, MAYERNIK, THOMAS, HALUSKA, KAISER,
DeLUCA, CAWLEY, WALKO, LaGROTTA, MELIO, TIGUE, JAROLIN,
WOGAN, STABACK, BATTISTO, TRELLO, MARKOSEK, SAINATO, LEDERER,
LAUGHLIN, BELARDI, BUXTON, STURLA, BEBKO-JONES, WOJNAROSKI,
MANDERINO, VAN HORNE, SHANER, FAIRCHILD, BARD, TANGRETTI,
BROWNE, MICHLOVIC, CORPORA, DiGIROLAMO, OLASZ, McCALL, DALEY,
ITKIN, RAMOS, PISTELLA, BOSCOLA, E. Z. TAYLOR, ROONEY,
GIGLIOTTI, BELFANTI, CAPPABIANCA, HERMAN, L. I. COHEN,
J. TAYLOR, LUCYK, CASORIO, STEELMAN, KELLER, PETRARCA AND
SEYFERT, FEBRUARY 13, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 1997
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for the Crime
21 Victim Assistance Fund and the Witness Protection Fund and
22 for surcharge and program criteria.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. Section 477.1 of the act of April 9, 1929
2 (P.L.177, No.175), known as The Administrative Code of 1929,
3 amended November 17, 1995 (1st Sp. Sess., P.L.1093, No.27), is
4 amended to read:
5 Section 477.1. Bureau of Victims' Services.--(a) There is
6 hereby created within the Pennsylvania Commission on Crime and
7 Delinquency the Bureau of Victims' Services. The bureau shall be
8 responsible for administering sections 477 through [477.22]
9 477.23 as well as sections 479.4 and 479.5 of this act. The
10 Bureau of Victims' Services shall also be responsible for the
11 disposition of all claims for victim compensation filed pursuant
12 to this act.
13 (b) A director of the bureau shall be appointed by the
14 chairman of the commission. The director shall be paid such
15 compensation as the executive board may determine.
16 (c) The director of the bureau may employ such personnel and
17 contract for such services as may be necessary and authorized to
18 carry out the purposes of the bureau.
19 Section 2. The act is amended by adding a section to read:
20 Section 477.23. Crime Victim Assistance Fund and Witness
21 Protection Fund.--(a) If a court imposes a sentence or places a
22 person on probation, the court shall impose a crime victim and
23 witness assistance surcharge as follows:
24 (1) Seventy dollars ($70) when the conviction is a felony.
25 Of this amount, fifty dollars ($50) shall be distributed to
26 witness protection programs and twenty dollars ($20) shall be
27 distributed to crime victim assistance programs.
28 (2) Fifty dollars ($50) when the conviction is a
29 misdemeanor. Of this amount, thirty dollars ($30) shall be
30 distributed to witness protection programs and twenty dollars
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1 ($20) shall be distributed to crime victim assistance programs.
2 This cost shall be imposed in addition to and notwithstanding
3 any other provision in this act or other act to the contrary.
4 (b) The clerk of courts shall collect and transmit the
5 respective amounts due to the State Treasurer to be deposited
6 into restricted receipt funds, one to be known as the Crime
7 Victim Assistance Fund and the other to be known as the Witness
8 Protection Fund. The moneys shall be held in deposit by the
9 State Treasurer and may be drawn upon and distributed for
10 approved programs as provided for under subsections (d) and (e).
11 (c) The amounts collected and deposited into the Witness
12 Protection Fund shall be approved for district attorney and
13 other criminal justice agency programs for relocation and
14 protection of witnesses in criminal cases.
15 (d) A proposed program shall be submitted by the district
16 attorney or criminal justice agency to the commission for review
17 and approval in a format designated by the commission. The
18 commission shall complete its review within ninety days of
19 submission of a proposed program. Failure to disapprove or
20 recommend amendment of a program within ninety days shall
21 constitute approval.
22 (e) The moneys in the Crime Victim Assistance Fund shall be
23 under the supervision of the Bureau of Victims' Services and
24 shall be allocated to counties on an as needed basis, upon
25 proper voucher, as required by the Bureau of Victims' Services
26 and after the expense was incurred by the county.
27 (f) Prison wardens may collect the surcharge from prisoners'
28 wages earned while they are in prison. This authority shall
29 apply in all cases including those where the prisoner is on work
30 release and where the prisoner works in the correctional
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1 facility.
2 (g) Counties may enter into agreements with each other for
3 services or contract with other counties for services as may be
4 needed to carry out this section.
5 Section 3. This act shall take effect in 90 days.
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