H0962B1352A03876 VDL:NLG 11/17/19 #90 A03876
AMENDMENTS TO HOUSE BILL NO. 962
Sponsor: SENATOR BAKER
Printer's No. 1352
Amend Bill, page 1, line 2, by striking out all of said line
and inserting
Pennsylvania Consolidated Statutes, reforming remedies for
victims of sexual abuse:
in limitation of time,
Amend Bill, page 1, line 5, by striking out all of said line
and inserting
for other offenses;
in matters affecting government
Amend Bill, page 1, line 10, by striking out the period after
"parties" and inserting
; and
in sentencing alternatives, providing for counseling services
for victims of sexual abuse.
Amend Bill, page 6, by inserting between lines 23 and 24
Section 8.1. Title 42 is amended by adding a section to
read:
§ 9730.3. Counseling services for victims of sexual abuse.
(a) Eligibility.--
(1) Subject to subsection (b), the office shall provide,
for an individual who is a direct victim of sexual abuse,
counseling services related to the sexual abuse. Payment
shall be made to the health care provider that provides the
services from the Crime Victim's Compensation Fund.
(2) Eligibility under paragraph (1) is not affected by
an adverse determination under sections 704(c) or 707(a) of
the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act.
(b) Value of services.--
(1) The total value of services under subsection (a)(1)
shall not exceed:
(i) $5,000 if the individual was, at the time of the
sexual abuse, 18 years of age or older; and
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(ii) $10,000 if the individual was, at the time of
the sexual abuse, under 18 years of age.
(2) The value of services under subsection (a)(1) shall
be reduced by the amount of any of the following payments
received or to be received by the individual for counseling
subject to subsection (a) as a result of the sexual abuse:
(i) Payment by the individual who committed the
sexual abuse.
(ii) Payment under an insurance program or a health
and welfare program. This subparagraph includes a program
mandated by law.
(iii) Payment under a contract of insurance in which
the individual is the beneficiary.
(iv) Payment from public funds.
(v) Payment under a pension program. This
subparagraph includes a program providing for disability
or survivor's benefits.
(vi) Payment by a party alleged to be responsible in
whole or in part for the sexual abuse, without regard to
the party's criminal culpability.
(vii) Payment made under the Crime Victims Act.
(c) Cooperation.--
(1) Health care providers and insurers s hall respond in
writing to a request by the office for information related to
this section within 30 days of receipt of the request.
(2) Commonwealth agencies shall cooperate with the
office for information related to this section.
(3) A person that fails to respond to a request under
paragraph (1) shall be subject to a penalty of not more than
$50 per day, up to and including the date of compliance. The
office shall enforce this paragraph. The office may utilize
revenue under this paragraph to implement this section or to
assist local victim service agencies.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Direct victim." An individual against whom a crime has
been committed or attempted and who as a direct result of the
criminal act or attempt suffers physical or mental injury.
"Health care provider." A person licensed, certified or
approved by the Commonwealth to provide health care or
professional medical services.
"Office." The Office of Victims' Services.
"Sexual abuse." Conduct which would constitute an offense
under any of the following provisions of 18 Pa.C.S. (relating to
crimes and offenses):
Section 3011(b) (relating to trafficking in individuals).
Section 3012 (relating to involuntary servitude) as it
relates to sexual servitude.
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
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Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
Amend Bill, page 7, lines 7 through 21, by striking out all
of said lines and inserting
(3) The addition of 42 Pa.C.S. §§ 5522(c), 8522(b)(10),
8528(d), 8542(b)(9) and 8553(e) shall apply as follows:
(i) Prospectively, to a cause of action which arises
on or after the effective date of this section.
(ii) Retroactively, to a cause of action if the
cause of action arose before the effective date of this
section. Nothing in this subparagraph shall do any of the
following:
(A) Revive a cause of action as to which the
limitation period has expired prior to the effective
date of this section.
(B) Permit the application of the addition of 42
Pa.C.S. §§ 5522(c), 8522(b)(10), 8528(d), 8542(b)(9)
and 8553(e) to a claim:
(I) that is subject to a final judgment
which, on the effective date of this section, is
not subject to appeal; or
(II) that, on the effective date of this
section, has been nonjudicially resolved in its
entirety by the parties, in a form which is
enforceable.
Section 11. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 10 of this act.
(ii) This section.
(2) The remainder of this act shall take effect upon
first passage of House Bill No. 963, Printer's No. 1130
(2019), by both chambers of the General Assembly or
immediately, whichever is later.
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