AN ACT

 

1Amending the act of November 24, 1998 (P.L.882, No.111),
2entitled "An act providing for victims' rights; imposing
3penalties; establishing remedies; establishing the Office of
4Victim Advocate, the Bureau of Victims' Services, the
5Victims' Services Advisory Committee, the State Offender
6Supervision Fund and other funds; and making repeals," <-in 
7crime victims, further providing for rights; in 
8administration, further providing for office and for powers 
9and duties of victim advocate; and, in financial matters,
10further providing for costs.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. Section 1101 of the act of November 24, 1998
14(P.L.882, No.111), known as the Crime Victims Act, amended June
1528, 2002 (P.L.496, No.85), is amended to read:

<-16Section 1. Section 201 of the act of November 24, 1998
17(P.L.882, No.111), known as the Crime Victims Act, is amended by
18adding a paragraph to read:

19Section 201. Rights.

20Victims of crime have the following rights:

21* * *

1(1.1) To be notified of the Address Confidentiality
2Program established under 23 Pa.C.S. § 6703 (relating to
3Address Confidentiality Program) if eligible to participate
4in the program under 23 Pa.C.S. § 6704 (relating to persons
5eligible to apply).

6* * *

7Section 2. Section 301(a) of the act is amended to read:

8Section 301. Office.

9(a) Establishment.--There is established within the board
10the Office of Victim Advocate to represent the interests of
11crime victims in accordance with 18 Pa.C.S. § 9402 (relating to 
12office of victim advocate) and before the board or department.
13The office shall operate under the direction of the victim
14advocate as provided in this section.

15* * *

16Section 3. Section 302 of the act is amended by adding
17paragraphs to read:

18Section 302. Powers and duties of victim advocate.

19The victim advocate has the following powers and duties:

20* * *

21(1.1) To advocate for the interests of crime victims
22generally, including the victims of crimes committed by
23juveniles as set forth in 18 Pa.C.S. § 9402 (relating to
24office of victim advocate).

25* * *

26(6) To ensure crime victims are notified of the Address 
27Confidentiality Program established under 23 Pa.C.S. § 6703 
28(relating to Address Confidentiality Program) if eligible to 
29participate in the program under 23 Pa.C.S. § 6704 (relating 
30to persons eligible to apply).

1Section 4. Section 1101 of the act, amended June 28, 2002
2(P.L.496, No.85), is amended to read:

3Section 1101. Costs.

4(a) Imposition.--

5(1) A person who pleads guilty or nolo contendere or who
6is convicted of a crime shall, in addition to costs imposed
7under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion
8of fines, etc.), pay costs of at least [$60] $110 and may be
9sentenced to pay additional costs in an amount up to the
10statutory maximum monetary penalty for the offense committed.

11(2) A person placed in a diversionary program shall pay
12costs of at least [$60] $110 in addition to costs imposed
13pursuant to 42 Pa.C.S. § 3571(c).

14(3) A juvenile shall pay costs of at least [$25] $35 if
15any of the following apply to the case:

16(i) There is a consent decree.

17(ii) There is an adjudication of delinquency.

18(b) Disposition.--

19(1) There is established a special nonlapsing fund,
20known as the Crime Victim's Compensation Fund. This fund
21shall be used by the Office of Victims' Services for payment
22to claimants and technical assistance. [Thirty-five] Fifty-
23five dollars of the costs imposed under subsection (a)(1) and
24(2) plus 30% of the costs imposed under subsection (a)(1)
25which exceed [$60] $110 shall be paid into this fund. All
26costs imposed under subsection (a)(3) shall be paid into this
27fund.

28(2) There is established a special nonlapsing fund,
29known as the Victim Witness Services Fund. This fund shall be
30used by the commission for victim-witness services and

1technical assistance in nonvictim compensation-related areas
2in accordance with this section. [Twenty-five] Fifty-five
3dollars of the costs imposed under subsection (a)(1) and (2)
4plus 70% of the costs imposed under subsection (a)(1) and (2)
5which exceed [$60] $110 shall be paid into this fund.

6(c) Payment.--This cost shall be imposed notwithstanding any
7statutory provision to the contrary.

8(d) Mandamus.--The district attorney, the Office of Victims'
9Services, the commission or any victim shall have standing to
10seek a mandamus order requiring the county to collect the costs
11imposed by this section.

12(e) Court order.--No court order shall be necessary in order
13for the defendant to incur liability for costs under this
14section. Costs under this section must be paid in order for the
15defendant to be eligible for probation, parole or accelerated
16rehabilitative disposition.

17Section <-2 5. This act shall take effect in 60 days.