S0708B0806A01648 AJB:EJH 06/14/21 #90 A01648
AMENDMENTS TO SENATE BILL NO. 708
Sponsor: SENATOR HAYWOOD
Printer's No. 806
Amend Bill, page 1, line 11, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 12, by inserting after "office"
where it occurs the first time
and for responsibilities of juvenile probation office
Amend Bill, page 1, line 22, by inserting after "subrogation"
and for revictimization relief
Amend Bill, page 6, line 3, by striking out all of said line
Amend Bill, page 6, lines 12 and 13, by striking out all of
said lines
Amend Bill, page 6, lines 25 through 30, by striking out all
of said lines
Amend Bill, page 7, lines 7 through 10, by striking out all
of said lines
Amend Bill, page 7, by inserting between lines 16 and 17
"Personal injury rights crime." An act, attempt,
solicitation or conspiracy to commit an act which would
constitute a misdemeanor or felony under the following:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. Ch. 27 (relating to assault).
18 Pa.C.S. Ch. 28 (relating to antihazing).
18 Pa.C.S. Ch. 29 (relating to kidnapping).
18 Pa.C.S. Ch. 30 (relating to human trafficking).
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
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18 Pa.C.S. Ch. 37 (relating to robbery).
18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
witness intimidation).
18 Pa.C.S. § 5131 (relating to recruiting criminal gang
members).
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
while operating under influence).
The former 75 Pa.C.S. § 3731 (relating to driving under
influence of alcohol or controlled substance) in cases
involving bodily injury.
75 Pa.C.S. § 3732 (relating to homicide by vehicle).
75 Pa.C.S. § 3732.1 (relating to aggravated assault by
vehicle).
75 Pa.C.S. § 3733 (relating to fleeing or attempting to
elude police officer).
75 Pa.C.S. § 3734 (relating to driving without lights to
avoid identification or arrest).
75 Pa.C.S. § 3735 (relating to homicide by vehicle while
driving under influence).
75 Pa.C.S. § 3735.1 (relating to aggravated assault by
vehicle while driving under the influence).
75 Pa.C.S. § 3742 (relating to accidents involving death
or personal injury).
75 Pa.C.S. § 3742.1 (relating to accidents involving
death or personal injury while not properly licensed) if the
nature and circumstance of the offense committed are
substantially similar to an offense under 75 Pa.C.S. § 3742.
75 Pa.C.S. Ch. 38 (relating to driving after imbibing
alcohol or utilizing drugs) in cases involving bodily injury.
The term includes violations of any protective order issued as a
result of an act related to domestic violence. The term includes
a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating
to sentences for second and subsequent offenses).
Amend Bill, page 7, line 18, by striking out "201(11)" and
inserting
201(4), (5.2), (7), (8), (8.1), (9), (11) and (13)
Amend Bill, page 7, line 18, by striking out "is" and
inserting
are
Amend Bill, page 7, by inserting between lines 27 and 28
(4) In cases involving a personal injury rights crime or
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burglary, to submit prior comment to the prosecutor's office
or juvenile probation office, as appropriate to the
circumstances of the case, on the potential reduction or
dropping of any charge or changing of a plea in a criminal or
delinquency proceeding, or, diversion of any case, including
an informal adjustment or consent decree.
* * *
(5.2) Upon request of the victim of a personal injury
rights crime, to have the opportunity to submit written
comment or present oral testimony at a disposition review
hearing, which comment or testimony shall be considered by
the court when reviewing the disposition of the juvenile.
* * *
(7) In personal injury rights crimes where the adult is
sentenced to a State correctional facility, to be:
(i) given the opportunity to provide prior comment
on and to receive State postsentencing release decisions,
including work release, furlough, parole, pardon or
community treatment center placement;
(ii) provided immediate notice of an escape of the
adult and of subsequent apprehension; and
(iii) given the opportunity to receive notice of and
to provide prior comment on a recommendation sought by
the Department of Corrections that the offender
participate in a motivational boot camp pursuant to the
Motivational Boot Camp Act.
(8) In personal injury rights crimes where the adult is
sentenced to a local correctional facility, to:
(i) receive notice of the date of the release of the
adult, including work release, furlough, parole, release
from a boot camp or community treatment center placement;
and
(ii) be provided with immediate notice of an escape
of the adult and of subsequent apprehension.
(8.1) If, upon the request of the victim of a personal
injury rights crime committed by a juvenile, the juvenile is
ordered to residential placement, a shelter facility or a
detention center, to:
(i) Receive prior notice of the date of the release
of the juvenile, including temporary leave or home pass.
(ii) Be provided with:
(A) immediate notice of an escape of the
juvenile, including failure to return from temporary
leave or home pass; and
(B) immediate notice of reapprehension of the
juvenile.
(iii) Be provided with notice of transfer of a
juvenile who has been adjudicated delinquent from a
placement facility that is contrary to a previous court
order or placement plan approved at a disposition review
hearing and to have the opportunity to express a written
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objection prior to the release or transfer of the
juvenile.
(9) If the adult is subject to an order under 23 Pa.C.S.
Ch. 61 (relating to protection from abuse) and is committed
to a local correctional facility for a violation of the order
or for a personal injury rights crime against a victim
protected by the order, to receive immediate notice of the
release of the adult on bail.
* * *
Amend Bill, page 8, by inserting between lines 1 and 2
(13) Upon the request of the victim of a personal injury
rights crime, to be notified of the termination of the
courts' jurisdiction.
Amend Bill, page 8, line 2, by striking out "and" where it
occurs the first time and inserting a comma
Amend Bill, page 8, line 2, by inserting after "(e)"
and (f)
Amend Bill, page 8, line 2, by inserting after "213(a),"
(b),
Amend Bill, page 8, line 2, by inserting after "(d)"
, (e), (f)
Amend Bill, page 8, line 3, by inserting after "(g)"
and 216(b) and (d)
Amend Bill, page 10, by inserting between lines 9 and 10
(f) Notice in personal injury rights crimes.--
(1) In personal injury rights crimes, the law
enforcement agency shall make reasonable efforts to notify
the victim of the arrest of the suspect and of the filing or
forwarding of a complaint relating to the crime as soon as
possible. Unless the victim cannot be located, notice of the
arrest shall be provided not more than 24 hours after the
preliminary arraignment. In cases alleging delinquency,
notice of the filing or forwarding of a complaint shall be
provided not more than 24 hours after the complaint has been
filed or forwarded to the juvenile probation office or
district attorney.
(2) In personal injury rights crimes, a law enforcement
agency, sheriff, deputy sheriff or constable shall notify the
victim of an inmate's escape from the custody of the law
enforcement agency, sheriff, deputy sheriff or constable.
Amend Bill, page 10, line 13, by inserting after "injury"
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rights
Amend Bill, page 10, by inserting between lines 15 and 16
(b) Pleading.--In a personal injury rights crime or
burglary, the prosecutor's office shall provide notice of and
offer the opportunity to submit prior comment on the potential
reduction or dropping of any charge or changing of a plea, a
diversion of any case, including informal adjustment and consent
decree, unless such notice is provided by the juvenile probation
office.
Amend Bill, page 10, line 24, by inserting after "injury"
rights
Amend Bill, page 11, line 5, by inserting after "injury"
rights
Amend Bill, page 11, by inserting between lines 9 and 10
(3) Except as otherwise provided by law, in no case may
the victim advocate waive the confidentiality of a victim.
Amend Bill, page 11, line 10, by striking out all of said
line and inserting
(e) Disposition.--In a personal injury rights crime, if the
prosecutor's office has advance notice of dispositional
proceeding, the prosecutor shall make reasonable efforts to
notify a victim of the time and place of the proceeding.
(f) Notice.--The prosecutor's office shall provide all of
the following to the victim:
(1) Upon request of the victim, notice of the
disposition and sentence of an adult, including sentence
modifications.
(2) Upon request in a personal injury rights crime,
reasonable attempts to notify the victim as soon as possible
when the adult is released from incarceration at sentencing.
(3) If the prosecutor's office is prosecuting a personal
injury rights crime, notice prior to the entry of a consent
decree.
(4) Prior notice of delinquency adjudication hearings
unless such hearings are scheduled by the juvenile probation
office.
(5) Notification of hearings related to the transfer of
a juvenile to and from criminal proceedings.
(6) Upon request in a personal injury rights crime,
notice of the filing, hearing or disposition of appeals.
(7) Notice of the details of the final disposition of
their case consistent with 42 Pa.C.S. § 6336(f) (relating to
conduct of hearings) unless provided by the juvenile
probation office.
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Amend Bill, page 11, line 18, by inserting after "injury"
rights
Amend Bill, page 11, by inserting between lines 20 and 21
Section 216. Responsibilities of juvenile probation office.
* * *
(b) Additional notice in cases involving a personal injury
rights crime or burglary.--In cases involving a personal injury
rights crime or burglary, the juvenile probation office shall
provide notice and the opportunity to provide prior comment on
the potential reduction or dropping of a charge or diversion of
any case, including informal adjustment and consent decree,
unless such notice and opportunity is provided by the
prosecutor's office. Upon request, the victim shall also receive
notification of a review of disposition hearing.
* * *
(d) Postdisposition notice.--Upon the request of the victim
of a personal injury rights crime, the juvenile probation office
shall:
(1) Provide prior notice to the victim when an
adjudicated delinquent ordered into residential placement or
official detention will be granted temporary leave or home
pass or release.
(2) Notify the victim of a proposed release or transfer
of an adjudicated delinquent from placement that is contrary
to a previous court order or placement plan approved at a
disposition review hearing and shall extend the victim the
opportunity to provide a written objection prior to the
release or transfer of the juvenile from placement.
(3) Notify the victim immediately of a juvenile's escape
from official detention or failure to return from temporary
leave or home pass and of the juvenile's subsequent
apprehension.
(4) Notify the victim of the termination of the juvenile
court jurisdiction.
(5) Provide the opportunity to submit written comment
and of their right to provide oral testimony at a disposition
review hearing.
Amend Bill, page 12, line 2, by inserting after "Law."
Financial records and aggregated data, of and relating to
the office, as defined in the Right-to-Know Law, shall remain
subject to the Right-to-Know Law, provided that no record or
data identifying an individual victim may be released.
Amend Bill, page 24, line 10, by striking out "and" where it
occurs the second time and inserting a comma
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Amend Bill, page 24, line 10, by inserting after "1301(b)"
and 1304(a) and (b)
Amend Bill, page 28, by inserting between lines 10 and 11
Section 1304. Revictimization relief.
(a) Action.--In addition to any other right of action and
any other remedy provided by law, a victim of a personal injury
rights crime may bring a civil action against an offender in any
court of competent jurisdiction to obtain injunctive and other
appropriate relief, including reasonable attorney fees and other
costs associated with the litigation, for conduct which
perpetuates the continuing effect of the crime on the victim.
(b) Redress on behalf of victim.--The district attorney of
the county in which a personal injury rights crime took place or
the Attorney General, after consulting with the district
attorney, may institute a civil action against an offender for
injunctive or other appropriate relief for conduct which
perpetuates the continuing effect of the crime on the victim.
* * *
Amend Bill, page 28, lines 19 and 20, by striking out "60
days" and inserting
six months
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See A01648 in
the context
of SB0708