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PRIOR PRINTER'S NO. 1199
PRINTER'S NO. 1760
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
897
Session of
2017
INTRODUCED BY STEFANO, BOSCOLA, BROWNE, MENSCH, RAFFERTY,
EICHELBERGER, FOLMER, MARTIN, WAGNER AND AUMENT,
SEPTEMBER 25, 2017
AS AMENDED ON THIRD CONSIDERATION, MAY 21, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in authorized disposition of offenders, further
providing for restitution for injuries to person or property;
and, in sentencing, further providing for victim impact
statements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1106(a), (b), (c)(1), (g) and (h) of
Title 18 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 1106. Restitution for injuries to person or property.
(a) General rule.--Upon conviction for any crime wherein:
(1) property of a victim has been stolen, converted or
otherwise unlawfully obtained, or its value substantially
decreased as a direct result of the crime[, or wherein]; or
(2) the victim, if an individual, suffered personal
injury directly resulting from the crime,
the offender shall be sentenced to make restitution in addition
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to the punishment prescribed therefor.
(b) Condition of probation or parole.--Whenever restitution
has been ordered pursuant to subsection (a) and the offender has
been placed on probation or parole, [his] the offender's
compliance with such order may be made a condition of such
probation or parole.
(c) Mandatory restitution.--
(1) The court shall order full restitution:
(i) Regardless of the current financial resources of
the defendant, so as to provide the victim with the
fullest compensation for the loss. The court shall not
reduce a restitution award by any amount that the victim
has received from the Crime Victim's Compensation Board
or other [governmental] government agency but shall order
the defendant to pay any restitution ordered for loss
previously compensated by the board to the Crime Victim's
Compensation Fund or other designated account when the
claim involves a government agency in addition to or in
place of the board. The court shall not reduce a
restitution award by any amount that the victim has
received from an insurance company but shall order the
defendant to pay any restitution ordered for loss
previously compensated by an insurance company to the
insurance company.
(ii) If restitution to more than one [person] victim
is set at the same time, the court shall set priorities
of payment. However, when establishing priorities, the
court shall order payment in the following order:
(A) [The victim] Any individual.
(A.1) Any affected government agency.
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(B) The Crime Victim's Compensation Board.
(C) Any other government agency which has
provided reimbursement to the victim as a result of
the defendant's criminal conduct.
(D) Any insurance company which has provided
reimbursement to the victim as a result of the
defendant's criminal conduct.
(E) Any nonprofit corporation, nonprofit
unincorporated association or nonprofit organization.
(F) Any for-profit corporation.
(E) ANY BUSINESS ENTITY ORGANIZED AS A NONPROFIT
OR NOT-FOR-PROFIT ENTITY.
(F) ANY OTHER BUSINESS ENTITY.
* * *
(g) Preservation of private remedies.--No judgment or order
of restitution shall debar the [owner of the property or the
victim who sustained personal injury] victim, by appropriate
action, to recover from the offender as otherwise provided by
law, provided that any civil award shall be reduced by the
amount paid under the criminal judgment.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Affected government agency." The Commonwealth, a political
subdivision or local authority that has sustained injury to
property.
"BUSINESS ENTITY." A DOMESTIC OR FOREIGN:
(1) BUSINESS CORPORATION;
(2) NONPROFIT CORPORATION;
(3) GENERAL PARTNERSHIP;
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(4) LIMITED PARTNERSHIP;
(5) LIMITED LIABILITY COMPANY;
(6) UNINCORPORATED NONPROFIT ASSOCIATION;
(7) PROFESSIONAL ASSOCIATION; OR
(8) BUSINESS TRUST, COMMON LAW BUSINESS TRUST OR
STATUTORY TRUST.
"Crime." Any offense punishable under this title or by a
magisterial district judge.
"Injury to property." Loss of real or personal property,
including negotiable instruments, or decrease in its value,
directly resulting from the crime.
"Offender." Any person who has been found guilty of any
crime.
"Personal injury." Actual bodily harm, including pregnancy,
directly resulting from the crime.
"Property." Any real or personal property, including
currency and negotiable instruments, of the victim.
"Restitution." The return of the property of the victim or
payments in cash or the equivalent thereof pursuant to an order
of the court.
"Victim." As defined in section [479.1 of the act of April
9, 1929 (P.L.177, No.175), known as The Administrative Code of
1929] 103 of the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act. The term includes an affected
government agency, the Crime Victim's Compensation Fund, if
compensation has been paid by the Crime Victim's Compensation
Fund to the victim [and], any insurance company that has
compensated the victim for loss under an insurance contract and
any nonprofit corporation, nonprofit unincorporated association,
nonprofit organization or for-profit corporation BUSINESS
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ENTITY.
Section 2. Section 9738(b) of Title 42 is amended to read:
§ 9738. Victim impact statements.
* * *
(b) Definition.--As used in this section, the term "victim"
shall mean a "victim" as defined in:
(1) [section 103 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act] 18 Pa.C.S.
§ 1106 (relating to restitution for injuries to person or
property); or
(2) 18 Pa.C.S. § 3001 (relating to definitions).
Section 3. This act shall take effect in 60 days
IMMEDIATELY.
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